Effective Date: June 1st, 2018
Site Covered: www.oxxee.com
THE AGREEMENT: The use ofthis website and services on this website provided by Bryant Companies(hereinafter referred to as "Company") are subject to the followingTerms & Conditions (hereinafter the "Agreement"), all parts andsub-parts of which are specifically incorporated by reference here. ThisAgreement shall govern the use of all pages on this website (hereinaftercollectively referred to as "Website") and any services provided byor on this Website ("Services").
The parties referred to in this Agreement shall be defined asfollows:
a) Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it,available to users. Bryant Companies, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
b) You, the User, the Client: You, as the user of the Website,will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
c) Parties: Collectively, the parties to this Agreement (theCompany and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company onlyagrees to provide use of this Website and Services to You if You assent to thisAgreement.
3) LICENSE TO USE WEBSITE
The Company may provide You with certain information as a resultof Your use of the Website or Services. Such information may include, but isnot limited to, documentation, data, or information developed by the Company,and other materials which may assist in Your use of the Website or Services("Company Materials"). Subject to this Agreement, the Company grantsYou a non-exclusive, limited, non-transferable and revocable license to use theCompany Materials solely in connection with Your use of the Website andServices. The Company Materials may not be used for any other purpose and thislicense terminates upon Your cessation of use of the Website or Services or atthe termination of this Agreement.
4) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by theCompany are the property of the Company, including all copyrights, trademarks,trade secrets, patents and other intellectual property ("CompanyIP"). You agree that the Company owns all right, title and interest in andto the Company IP and that You will not use the Company IP for any unlawful orinfringing purpose. You agree not to reproduce or distribute the Company IP inany way, including electronically or via registration of any new trademarks,trade names, service marks or Uniform Resource Locators (URLs), without expresswritten permission from the Company.
a) In order to make the Website and Services available to You, Youhereby grant the Company a royalty-free, non-exclusive, worldwide license tocopy, display, use, broadcast, transmit and make derivative works of anycontent You publish, upload or otherwise make available to the Website("Your Content"). The Company claims no further proprietary rights inYour Content.
b) If You feel that any of Your intellectual property rights havebeen infringed or otherwise violated by the posting of information or media byanother of Our users, please contact Us and let Us know.
5) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to registerwith Us. When You do so, You will choose a user identifier, which may be Youremail address or another term, as well as a password. You may also providepersonal information, including, but not limited to, Your name. You areresponsible for ensuring the accuracy of this information. This identifyinginformation will enable You to use the Website and Services. You must not sharesuch identifying information with any third party and if You discover that Youridentifying information has been compromised, You agree to notify Usimmediately in writing. Email notification will suffice. You are responsiblefor maintaining the safety and security of Your identifying information as wellas keeping Us apprised of any changes to Your identifying information.Providing false or inaccurate information, or using the Website or Services tofurther fraud or unlawful activity is grounds for immediate termination of thisAgreement.
6) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawfulpurpose or any purpose prohibited under this clause. You agree not to use theWebsite or Services in any way that could damage the Website, Services orgeneral business of the Company.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate anyperson's legal rights;
II) To violate any intellectual property rights of the Company orany third party;
III) To upload or otherwise disseminate any computer viruses orother software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, orpyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence,hate or discrimination towards any group;
VIII) To unlawfully gather information about others.
7) AFFILIATE MARKETING & ADVERTISING
The Company, through the Website and Services, may engage inaffiliate marketing whereby the Company receives a commission on or percentageof the sale of goods or services on or through the Website. The Company mayalso accept advertising and sponsorships from commercial businesses or receiveother forms of advertising compensation. This disclosure is intended to complywith the US Federal Trade Commission Rules on marketing and advertising, aswell as any other legal requirements which may apply.
8) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide Uswith certain information. By using the Website or the Services, You authorizethe Company to use Your information in the United States and any other countrywhere We may operate.
a) Information We May Collect or Receive: When You register for anaccount, You provide Us with a valid email address and may provide Us withadditional information, such as Your name or billing information. Depending onhow You use Our Website or Services, We may also receive information fromexternal applications You use to access Our Website, or We may receiveinformation through various web technologies, such as cookies, log files, cleargifs, web beacons or others.
b) How We Use Information: We use the information gathered fromYou to ensure Your continued good experience on Our website, including throughemail communication. We may also track certain of the passive informationreceived to improve Our marketing and analytics, and for this, We may work withthird-party providers.
c) How You Can Protect Your Information: If You would like todisable Our access to any passive information We receive from the use ofvarious technologies, You may choose to disable cookies in Your web browser.Please be aware that the Company will still receive information about You thatYou have provided, such as Your email address.
9) ASSUMPTION OF RISK
The Website and Services are provided for communication purposesonly. You acknowledge and agree that any information posted on Our Website isnot intended to be legal advice, medical advice, or financial advice, and nofiduciary relationship has been created between You and the Company. Youfurther agree that Your purchase of any of the products on the Website is atYour own risk. The Company does not assume responsibility or liability for anyadvice or other information given on the Website.
10) SALE OF GOODS/SERVICES
The Company may sell goods or services or allow third parties tosell goods or services on the Website. The Company undertakes to be as accurateas possible with all information regarding the goods and services, includingproduct descriptions and images. However, the Company does not guarantee theaccuracy or reliability of any product information and You acknowledge and agreethat You purchase such products at Your own risk.
11) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassembleany code or software from or on the Website or Services;
b) Violate the security of the Website or Services through anyunauthorized access, circumvention of encryption or other security tools, datamining or interference to any host, user or network.
12) DATA LOSS
The Company does not accept responsibility for the security ofYour account or content. You agree that Your use of the Website or Services isat Your own risk.
You agree to defend and indemnify the Company and any of itsaffiliates (if applicable) and hold Us harmless against any and all legalclaims and demands, including reasonable attorney's fees, which may arise fromor relate to Your use or misuse of the Website or Services, Your breach of thisAgreement, or Your conduct or actions. You agree that the Company shall be ableto select its own legal counsel and may participate in its own defense, if theCompany wishes.
14) SPAM POLICY
You are strictly prohibited from using the Website or any of theCompany's Services for illegal spam activities, including gathering emailaddresses and personal information from others or sending any mass commercialemails.
15) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party websites orother services. You agree that the Company is not responsible or liable for anyloss or damage caused as a result of Your use of any third party serviceslinked to from Our Website.
16) MODIFICATION & VARIATION
The Company may, from time to time and at any time without noticeto You, modify this Agreement. You agree that the Company has the right tomodify this Agreement or revise anything contained herein. You further agreethat all modifications to this Agreement are in full force and effectimmediately upon posting on the Website and that modifications or variationswill replace any prior version of this Agreement, unless prior versions arespecifically referred to or incorporated into the latest modification orvariation of this Agreement.
a) To the extent any part or sub-part of this Agreement is heldineffective or invalid by any court of law, You agree that the prior, effectiveversion of this Agreement shall be considered enforceable and valid to thefullest extent.
b) You agree to routinely monitor this Agreement and refer to theEffective Date posted at the top of this Agreement to note modifications orvariations. You further agree to clear Your cache when doing so to avoid accessinga prior version of this Agreement. You agree that Your continued use of theWebsite after any modifications to this Agreement is a manifestation of Yourcontinued assent to this Agreement.
c) In the event that You fail to monitor any modifications to orvariations of this Agreement, You agree that such failure shall be consideredan affirmative waiver of Your right to review the modified Agreement.
17) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between theParties with respect to any and all use of this Website. This Agreementsupersedes and replaces all prior or contemporaneous agreements orunderstandings, written or oral, regarding the use of this Website.
18) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website toperform maintenance or emergency services on a scheduled or unscheduled basis.You agree that Your access to the Website may be affected by unanticipated orunscheduled downtime, for any reason, but that the Company shall have no liabilityfor any damage or loss caused as a result of such downtime.
19) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any time forany reason, with or without cause. The Company specifically reserves the rightto terminate this Agreement if You violate any of the terms outlined herein,including, but not limited to, violating the intellectual property rights ofthe Company or a third party, failing to comply with applicable laws or otherlegal obligations, and/or publishing or distributing illegal material. If Youhave registered for an account with Us, You may also terminate this Agreementat any time by contacting Us and requesting termination. At the termination ofthis Agreement, any provisions that would be expected to survive termination bytheir nature shall remain in full force and effect.
20) NO WARRANTIES
You agree that Your use of the Website and Services is at Yoursole and exclusive risk and that any Services provided by Us are on an "AsIs" basis. The Company hereby expressly disclaims any and all express orimplied warranties of any kind, including, but not limited to the impliedwarranty of fitness for a particular purpose and the implied warranty ofmerchantability. The Company makes no warranties that the Website or Serviceswill meet Your needs or that the Website or Services will be uninterrupted,error-free, or secure. The Company also makes no warranties as to thereliability or accuracy of any information on the Website or obtained throughthe Services. You agree that any damage that may occur to You, through Yourcomputer system, or as a result of loss of Your data from Your use of theWebsite or Services is Your sole responsibility and that the Company is notliable for any such damage or loss.
21) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to You asa result of Your use of the Website or Services, to the fullest extentpermitted by law. The maximum liability of the Company arising from or relatingto this Agreement is limited to the greater of one hundred ($100) US Dollars orthe amount You paid to the Company in the last six (6) months. This sectionapplies to any and all claims by You, including, but not limited to, lostprofits or revenues, consequential or punitive damages, negligence, strictliability, fraud, or torts of any kind.
22) GENERAL PROVISIONS:
a) LANGUAGE:All communications made or notices given pursuant to this Agreement shall be inthe English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website orServices, You agree that the laws of the State of Massachusetts shall governany matter or dispute relating to or arising out of this Agreement, as well asany dispute of any kind that may arise between You and the Company, with theexception of its conflict of law provisions. In case any litigationspecifically permitted under this Agreement is initiated, the Parties agree tosubmit to the personal jurisdiction of the state and federal courts of thefollowing county: Berkshire County, Massachusetts. The Parties agree that thischoice of law, venue, and jurisdiction provision is not permissive, but rathermandatory in nature. You hereby waive the right to any objection of venue,including assertion of the doctrine of forum non conveniens or similardoctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arisingout of this Agreement, the Parties shall first attempt to resolve the disputepersonally and in good faith. If these personal resolution attempts fail, theParties shall then submit the dispute to binding arbitration. The arbitrationshall be conducted in the following county: Berkshire County. The arbitrationshall be conducted by a single arbitrator and such arbitrator shall have no authorityto add Parties, vary the provisions of this Agreement, award punitive damages,or certify a class. The arbitrator shall be bound by applicable and governingFederal law as well as the law of the following state: Massachusetts. EachParty shall pay their own costs and fees. Claims necessitating arbitrationunder this section include, but are not limited to: contract claims, tortclaims, claims based on Federal and state law, and claims based on local laws,ordinances, statutes or regulations. Intellectual property claims by theCompany will not be subject to arbitration and may, as an exception to thissub-part, be litigated. The Parties, in agreement with this sub-part ofthis Agreement, waive any rights they may have to a jury trial in regard to arbitralclaims.
d) ASSIGNMENT:This Agreement, or the rights granted hereunder, may not be assigned, sold,leased or otherwise transferred in whole or part by You. Should this Agreement,or the rights granted hereunder, by assigned, sold, leased or otherwisetransferred by the Company, the rights and liabilities of the Company will bindand inure to any assignees, administrators, successors and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid orunenforceable by a court of law or competent arbitrator, the remaining partsand sub-parts will be enforced to the maximum extent possible. In suchcondition, the remainder of this Agreement shall continue in full force.
f) NO WAIVER:In the event that We fail to enforce any provision of this Agreement, thisshall not constitute a waiver of any future enforcement of that provision or ofany other provision. Waiver of any part or sub-part of this Agreement will notconstitute a waiver of any other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts underthis Agreement are for convenience and organization, only. Headings shall notaffect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venturehas been created between the Parties as a result of this Agreement. No Partyhas any authority to bind the other to third parties.
i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causesbeyond its reasonable control including, but not limited to, acts of God, actsof civil authorities, acts of military authorities, riots, embargoes, acts ofnature and natural disasters, and other acts which may be due to unforeseencircumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permittedto both Parties under this Agreement, including e-mail or fax. For anyquestions or concerns, please email Us at the following address:email@example.com.