Please Familiarize Yourself With Our Terms & Conditions
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE ONUST.COM WEBSITE OR ACCESSING ANY ONUST.COM SERVICES. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Company reserves the right to withdraw or amend the Site or the Content in its sole discretion without notice. Company will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Company may restrict User"s access to some or all parts of the Site. User is solely responsible for: (1) making all arrangements for User to access or use the Site; and (2) ensuring that all persons who access or use the Site through User"s internet connection are aware of this Agreement and comply with it.
Company reserves the right at any time, with or without notice to User to change the terms and conditions of this Agreement and/or to enhance, add to, modify, or discontinue the Site or the Content, or any portion of the Site or the Content, at any time in Company"s sole discretion. User is expected to check this page frequently for any changes. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Any enhancements, additions, or modifications to the Site or the Content will be subject to this Agreement.
User represents and warrants to Company that User is at least eighteen (18) years of age and that all information provided by User to Company is true, correct, and complete. User acknowledges and understands that the information User provides to Company, such as User"s country of residence, may disqualify User from accessing or using the Site, and that these eligibility requirements are subject to modification by Company at any time in Company"s sole discretion. Company reserves the right, in its sole discretion, to limit the availability of the Site or the Content to any person(s) or any geographic area or jurisdiction at any time.
3. USER'S INFORMATION AND USER'S PRIVACY
If User chooses, or is provided with, a username, password, or any other piece of information as part of Company"s security procedures, User shall treat such information as confidential and shall not disclose any such information to any other person or entity. User also acknowledges that User"s account is personal to User and agrees not to provide any other person with access to the Site or the Content, or portions of it, using User"s username, password, or other security information. User agrees to notify Company immediately of any unauthorized access to or use of User"s username or password or any other breach of security. User should use particular caution when accessing User"s account from a public or shared computer so that others are not able to view or record User"s password or other personal information. Company reserves the right to disable any username, password, or other identifier, whether chosen by User or provided by Company, at any time, in its sole discretion for any or no reason, including if, in Company"s opinion, User has violated any provision of this Agreement.
Company utilizes reasonable and industry-standard security measures available for use today, including the use of encryption technology, to protect User"s confidential and personal information from unauthorized access. Notwithstanding the foregoing, User understands and acknowledges that any such security measures are not foolproof or infallible, and it remains possible that an unauthorized third party may be able to bypass such security measures to access User"s information. User agrees that it shall not hold Company liable for any such improper access by any third party.
Although Company intends to take all reasonable steps to prevent the introduction of viruses, malware, and other destructive materials and any unauthorized access to User"s information, Company cannot and does not guarantee or warrant that the Site or the Content does not contain such destructive features or that unauthorized access may occur. Company is not liable for any damages or harm attributable to any of the foregoing. In addition, in no event shall Company be liable for or pay any sum, whether by ransom or otherwise, on behalf of Client or itself, in connection with any malicious software or other cyberattack, such as ransomware, a denial-of-service attack, or any other cyber incident, including any malfunction, failure, or continued substandard performance caused by any of the same.
4. USER CONDUCT
User is responsible for any and all content and/or information that User sends to Company. User may not use the Site or the Content, or any information that User gets from the Site or the Content to:
- interfere with any other user"s use of the Site or the Content;
- conduct any unlawful activity;
- intentionally solicit or harm minors in any way;
- misrepresent User"s own identity or any affiliation that User may have;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site or the Content;
- alter or remove any copyright, trademark, or proprietary right of Company or its affiliates and partners;
- "frame," "mirror," or "deep link" any part of the Site or the Content without Company"s prior written authorization; or
- Perform, or fail to perform, in such a way that, in Company"s sole discretion, causes any type of harm or otherwise damages the reputation of Company or any other user.
Company owns and operates the Site and the Content. User may not copy, reproduce, republish, upload, post, transmit, or distribute materials from the Site or the Content in any way without Company"s prior written permission. User may not modify any materials contained within the Site or the Content, nor use any materials for any purpose in violation of this Agreement. User acknowledges that User does not acquire any ownership rights in any intellectual property through User"s use of the Site or the Content. User may not make a temporary or permanent copy of the Site or the Content for any purpose whatsoever. User may not sell, resell, decompile, reverse engineer, disassemble, or translate any of the Site, the Content, or any portion thereof, without the written permission of Company. User may not transfer any portion of the Site or the Content to any third party. Company, Company"s logo, and the name of the products and services produced, marketed, sold, or distributed by Company, are trademarks and/or service marks of Company. The Site and the Content (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Company and its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
User shall not access or use for any commercial purposes any part of the Site, or any services or materials available through the Site. Requests to make any use of material on the Site other than as set out in this section must be emailed to: firstname.lastname@example.org.
5. USER CONTRIBUTIONS
The Site may contain or link to interactive features ("Interactive Services") that allow User to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site. All User Contributions must comply with the Content Standards set out in this Section.
Any User Contribution will be considered non-confidential and non-proprietary. By providing any User Contribution through the Site, User grants Company and its affiliates and service providers, and each of their and Company"s respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. Company reserves the right to remove or refuse to post any User Contributions for any or no reason in its sole discretion and may terminate or suspend User"s access to all or part of the Site for any or no reason, including without limitation, any violation of this Agreement. Company shall take any action with respect to any User Contribution that Company deems necessary or appropriate in its sole discretion, including if Company believes that such User Contribution violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company. Company may disclose User"s identity or other information about User to any third party who claims that material posted by User violates their rights, including their intellectual property rights or their right to privacy. Further, Company may take all appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
USER WAIVES AND HOLDS HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Company cannot and does not undertake to review any User Contribution before it is posted through the Site, and Company cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
By accessing and/or using the Site, User consents to Company"s collection, storage, and use of any data or information that User provides to Company or submits or transmits through the Site. If User submits any ideas, suggestions, testimonials, voice recordings, video recordings, and/or written transcriptions to Company, such submissions shall become the sole property of Company and Company has the right to use User"s submission without charge in any manner that Company deems appropriate, and User shall have no further right or interest in or claim to any such submitted information or material. Furthermore, User understands and acknowledges that such materials may be viewed or interacted with by other user(s) including, without limitation, so that such other user(s) may transcribe or describe any such audio or video recordings for Company"s further use.
If you believe that any User Contributions violate your copyright, please send a notice of copyright infringement to Company"s DMCA Designated Agent: email@example.com. Company will terminate the user accounts of repeat infringers.
6. RELIANCE ON INFORMATION POSTED
The Content and any information presented on or through the Site is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance User places on such information is strictly at User"s own risk. Company shall not be responsible for any liability arising from any reliance placed on such materials by User or any other visitor to the Site, or by anyone who may be informed of any of its contents.
Company may provide links to third party websites or resources. Company"s provision of such links is not an endorsement of any information, product, or service, and any such links are provided for User"s convenience only. Company does not have any control over third party websites or resources and shall not be held responsible or liable for any content, or for User"s reliance on any content, found on such third-party websites or resources. Company expressly disclaims that it has no rights in or to the content or intellectual property of the third-party sites and, in certain circumstances, the third-party site may be owned and operated by a competitor of Company.
8. IN-SITE PURCHASES
User may purchase products or services, such as the Onust membership services, through the Site subject to the terms and conditions set forth in this Section 8 (each, an "In-Site Purchase"). By placing an order for an In-Site Purchase, User affirms that: (1) User is at least 18 years of age or of sufficient legal age in User"s jurisdiction to form a binding contract with Company; (2) User is permitted to access or use the Site, the Content, and the In- Site Purchase; and (3) User accepts and agrees to be bound by this Agreement. User represents and warrants that In- Site Purchases shall be used for personal or household use only, and not for resale or export.
All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for an In-Site Purchase will be the price in effect at the time the order is placed and will be set out in User"s order confirmation email. Price increases will only apply to orders placed after such changes. If applicable, all taxes and charges will be added to User"s merchandise total and will be itemized in User"s shopping cart and in the order confirmation email. Company strives to display accurate price information, however it may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Company reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within Company"s sole discretion and a valid credit card must be received before Company"s acceptance of an order. User represents and warrants that: (1) the credit card information that User provides to Company is true, correct, and complete; (2) User is duly authorized to use such credit card for the In-Site Purchase; (3) charges incurred by User will be honored by User"s credit card company; and (4) User will pay all charges incurred by User at the posted prices, including shipping and handling charges, if applicable, and all applicable taxes, if any, regardless of the amount quoted at the time of User"s order. In the event that Company must pursue legal action in order to collect on balances due, User agrees to reimburse Company for all expenses incurred to recover any and all sums due, including but not limited to all attorney"s fees and other expenses. If the In-Site Purchase consists of a subscription or premium content with automatic renewal provisions, the terms of such automatic renewal will be as set forth in the confirmation email. User can cancel at any time.
Although Company attempts to maintain the integrity of the Site and the Content, Company makes no guarantee as to the accuracy or completeness of the Site or the Content. Please contact Company to report any suspected errors in the Site or the Content at: firstname.lastname@example.org and include, if possible, a description of the error, its URL location, and User"s contact information. Company will make reasonable efforts to timely address User"s concerns.
10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
By using the Site or the Content, User expressly agrees that:
- The Site and the Content are provided on an "as is" and "as available" basis. Company disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Company does not make any warranty that: (1) the Site or the Content will meet User"s particular requirements; (2) the Site or the Content will be uninterrupted, timely, secure, or error-free; (3) the results that may be obtained from the use of the Site or the Content will be accurate or reliable; or (4) any errors in the Site or the Content will be corrected.
- User"s use of the Site and the Content is at User"s sole risk. Advice, statements, or opinions should not be relied upon when making important personal, medical, legal, or financial decisions. User should consult a professional to obtain specific advice appropriate to User"s circumstances. Further, User is solely responsible for any damage to User or to any third party caused, directly or indirectly, by any material that User downloads or obtains through the Site or the Content or User"s other interactions with the Site or the Content. Company shall not be liable for any damages or harm attributable to viruses, malware, or other destructive materials.
- Company must approve any additional warranties in writing. User agrees to hold Company, Company"s officers, directors, employees, agents, designees, representatives, members, shareholders, assigns, and affiliates harmless for any direct, indirect, incidental, special, consequential, or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if Company has been advised that such losses may occur, which result from:
- User"s use or inability to use the Site or access the Content;
- User"s provision of inaccurate personal or other information or failure to update such information as appropriate, including, without limitation, provision of false or inaccurate information that Company may need to comply with tax laws and regulations;
- unauthorized access to or alteration of User"s transmissions or data; or
- the acts of any third party related to the Site or the Content. User hereby waives any claims with respect thereto, whether based on contractual, tort, or other grounds, even if Company has been advised of the possibility of such damages.
COMPANY DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, CORRECTNESS, COMPLETENESS, USEFULNESS, OR NON-INFRINGEMENT WITH RESPECT TO THE SITE, THE CONTENT, OR ANY GOODS OR SERVICES THAT ARE PURCHASED OR ACCESSED USING THE SITE. USER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM USER"S USE OF THE SITE OR THE CONTENT. ALTHOUGH COMPANY INTENDS TO TAKE ALL REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND MALWARE, COMPANY DOES NOT WARRANT THAT THE SITE OR THE CONTENT WILL BE FREE THEREOF. COMPANY DOES NOT WARRANT THAT ACCESS TO OR THE USE OF THE SITE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, OR INTERRUPTIONS OF THE SITE OR THE CONTENT.
User agrees that Company (including, without limitation, its officers, directors, employees, and affiliated entities) shall not be held liable for any claims, damages, or costs, whether direct or indirect, consequential, or special, arising out of or in any way connected to User"s use or inability to use the Site, the Content, or any linked website, or any information used from the Site or the Content, including all incidental and consequential damages. In addition, User agrees that Company shall not be held liable for the conduct of any other users associated with the Site. User hereby waives any claims against Company and its affiliates, subsidiaries, officers, directors, members, managers, employees, agents, designees, consultants, and representatives, whether based on contractual, tort, or other grounds, even if Company has been advised of the possibility of such damages.
USER AGREES TO INDEMNIFY, DEFEND, AND HOLD COMPANY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, DESIGNEES, CONSULTANTS, AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS (INCLUDING REASONABLE ATTORNEYS" FEES), OR THE CONTENT EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR IN ANY WAY RELATED TO:
- USER"S ACTS OR OMISSIONS IN CONNECTION WITH THE SITE OR THE CONTENT;
- THE ACTS OR OMISSIONS OF ANY PERSON IN CONNECTION WITH THE SITE OR THE CONTENT USING USER"S ACCOUNT;
- BREACH OF ANY PROVISION OF THIS AGREEMENT;
- ANY ALLEGATION THAT ANY MATERIALS SUBMITTED OR TRANSMITTED TO COMPANY BY USER, OR COMPANY"S USE OF SUCH MATERIALS, VIOLATE ANY COPYRIGHT, TRADEMARK, TRADE SECRET, OR ANY OTHER INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY; AND
- VIOLATION OF THE RIGHTS OF ANY PARTY, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL PROPERTY, OR PROPRIETARY RIGHTS.
IF COMPANY MAKES A CLAIM FOR INDEMNIFICATION, USER AGREES TO SEEK AND RECEIVE WRITTEN PERMISSION FROM COMPANY BEFORE AGREEING TO SETTLE ANY CLAIM OR ACTION.
13. FORCE MAJEURE
Company will not be liable or responsible to User, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in Company"s performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond its reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
14. TERMINATION; MODIFICATION
At any time and for any reason, without notice, Company may: (i) terminate User"s use of and access to the Site and/or the Content; and/or (ii) modify or discontinue providing the Site and/or the Content, or any part thereof. No notice is required to affect termination. User shall not hold Company responsible or liable for any direct, indirect, incidental, special, consequential, or exemplary damages due to modification or discontinuation of the Site and/or the Content, or Company"s termination of User"s access to the Site and/or the Content.
15. APPLICABLE LAW AND DISPUTE RESOLUTION
The laws of the State of Colorado apply to this Agreement (without regard to Colorado"s conflict of law principles). Company is based in the United States and provides the Site and the Content for use only by persons located in the United States. Company makes no claims that the Site or the Content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If User chooses to access the Site or the Content from locations outside of the United States, User is responsible for compliance with local laws if, and to the extent that, such local laws are applicable. All software used on the Site or the Content is subject to U.S. export controls.
USER AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT USER WOULD HAVE IF USER WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN USER AND COMPANY ARISING FROM OR RELATING IN ANY WAY TO THE SITE, THE CONTENT, OR ANY IN-SITE PURCHASE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION IN THE CITY AND COUNTY OF DENVER, COLORADO.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
User agrees to an arbitration on an individual basis. In any dispute, NEITHER USER NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person"s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire Agreement between User and Company relating to the Site and/or the Content and this Agreement replaces all prior written or oral agreements that may have existed between User and Company. User cannot transfer or assign User"s rights or obligations under this Agreement to any other person or entity without Company"s written permission. Company"s failure to enforce any provision of this Agreement does not waive Company"s right to enforce the same or any other provision hereof in the future. The headings contained in this Agreement are for informational purposes only, but are not, in and of themselves, enforceable provisions of this Agreement.
This website is operated by Oasis Solutions, LLC a Colorado based Limited Liability Company with a mailing address of: 7200 South Alton Way, STE C200, Centennial, Colorado 80112.
All feedback and comments relating to the Site or the Content should be directed to: email@example.com. All requests for technical support, and other communications should be directed to: firstname.lastname@example.org.