Effective as of March 31, 2021
We collect various types of information about our users in connection with the Services, including:
- Information you provide to us;
- Information we collect about your use of our Services;
- Information about your use of the Services; and
- Information we obtain from third-party sources.
We also may collect information in ways that we describe to you at the point of collection or otherwise with your consent.
We use the information we collect to, among other things:
- Register and create your account;
- Operate and manage our stored-value card program and rewards program;
- Provide and manage the products and Services you request;
- Communicate with you about our products, programs, services, and promotions;
- Deliver targeted advertising, promotions, and offers; and
- Understand our customers so that we can develop and improve our customer service, promotions, products, programs, and Services.
We may otherwise use your information with your consent or at your direction.
We may share your information with:
- Business partners, service providers, and social media services;
- Companies that provide content, advertising, or functionality; and
- Other parties when required or permitted by law, as necessary to protect our users, or in connection with a corporate transaction.
We may provide aggregated information, and data with personal identifiers removed, to third parties to describe how our customers are using the Services. We also may share information about you with third parties whenever you consent to or direct such sharing.
Privacy and Access Choices Available To You
- We have in place certain procedures to protect your personal information in our custody and control, but cannot guarantee the security of our Services or our control over your information when it is transmitted over the Internet.
- Information We Collect
- How We Use Information
- Sharing of Information
- Online Advertising
- Do-Not-Track Signals
- Other Tracking Technologies
- Privacy and Access Choices Available To You
- Data Security
- Other Important Information
1. Information We Collect
We collect personal information about our users in various ways. For example, we collect information that you provide to us, information that we collect through your use of the Services, and information that we collect from publicly available sources or third parties.
Information You Provide to Us. We collect the information you give us when you use the Services. For example, when you visit one of our offices, take advantage of WiFi services provided by an office that we own and operate, visit one of our websites or use one of our Services, create an account with us, buy products online, participate in or register for our loyalty programs, participate in a survey or promotion, we may ask for information such as your name, e-mail address, year of birth, birthday, gender, street address, or mobile phone number so that we can provide Services to you. We may collect payment information, such as your credit card number, security code, and expiration date, to process a financial transaction you have requested. We also may collect information about the products you buy, including where and how frequently you buy them, your use of coupons and, your participation in our loyalty programs, your purchases and purchase habits, your progress towards rewards, and the rewards you earn and redeem through our loyalty programs so that we can operate our loyalty programs, learn more about your interests and better serve you.
Information About Your Use of the Services. In addition to the information you provide to us directly, we may collect information about your use of the Services. For example, we may collect:
- Device information – such as your hardware model, IP address, other unique device identifiers, operating system version, and settings of the device you use to access the Services.
- Usage information – such as information about the Services you use, the time and duration of your use of the Services, and other information about your interaction with content offered through a Service, and any information stored in cookies and similar technologies that we have set on your device.
- Location information – such as your computer’s IP address, your mobile device’s GPS signal, or information about nearby WiFi access points and cell towers that may be transmitted to us when you use the Services.
Information From Third-Party Sources. We may acquire or receive information about you from publicly and commercially available sources, as permitted by law, which we may combine with other information we receive from or about you. For example, we may receive information about you from a social media site if you connect to the Services through that site.
Other Information We Collect. We also may collect other information about you, your device, or your use of the Services in ways that we describe to you at the point of collection or otherwise with your consent.
Personal Information Storage Time. We will keep your personal information for as long as it is needed to fulfill the purposes for which it was collected and in order to comply with legal or regulatory requirements. This may mean that some information is held for longer than other information.
2. How We Use Information
When You Register or Create an Account. If you choose to use certain features on the Services, you may need to register or create an account and provide personal information such as name, email address, location, year of birth, and a username and password that you choose. We use this information to identify you and provide the requested feature and Services.
To Provide and Manage the Products, Programs, and Services You Request. We use information that we collect to process your purchases of products, enable you to participate in features provided by the Services, administer and fulfill programs such as loyalty programs, provide you with tailored offers, and improve the Services that we provide to you. From time to time, we may offer you the ability to personalize our products and services, such as by uploading a photo or other information. We may also use services provided by third parties (such as social media platforms) to serve targeted ads to you and others on such platforms.
To Respond to You. When you contact us, we may collect information that identifies you (such as your name, address, and phone number) along with additional information we need to help us promptly answer your question or respond to your comment. We retain this information to assist you in the future and to improve our customer service, products, Services, and promotions.
When you Make A Purchase. You do not have to provide any personal information when you purchase merchandise with cash at a store. If you use a credit or debit card for your purchase, your debit or credit card-related information will be collected to process and administer your payment. When you make purchases through online Services, we may collect information such as your name, email address, billing address, the email or mailing address for delivery (if applicable), phone number, and payment card information. This information is used to process, fulfill and deliver your order.
To Deliver Targeted Advertising. We may use your information, including your location information, and information regarding your participation in our loyalty programs and your purchase habits, to facilitate the delivery of targeted, personalized ads, promotions, and offers to you, on behalf of ourselves, select business partners, and advertisers, on and off the Services. (See “Interest-Based Advertisements” section below.).
To Better Understand Our Customers and to Improve Our Services. In the course of providing the Services, we may collect information on our user’s demographics, interests, and behavior and analyze that data. We do this to better understand and serve our users, and to improve our products and Services.
When You Use a “Share with a Friend” or Similar Feature on the Services. The Services may offer a “share with a friend” or other similar feature which permits you to electronically send content from the Services to others by providing us with their contact information. Except where permitted by law, we do not use the contact information you provide when using this feature for other unrelated purposes without your consent or the consent of the recipient, as applicable. Please ensure that you only submit contact information for individuals you know and who would want to receive the content you share with them.
Consent. We may otherwise use your information with your consent or at your direction.
3. Sharing of Information
The following provides information about entities with which we may share information. Our practices vary depending on the type of information and sharing.
Affiliates. We may share information within our family of affiliated companies so that we may provide offers from those companies that may be relevant to you, better understand your preferences, and improve our Services.
Business Partners. We may also share your information with business partners to provide you with the services that you request. For example, if you sign up for a promotion that runs on our Services but that is sponsored or co-sponsored by another company, your information may be shared with that sponsor. We are not responsible for the privacy practices of these entities and recommend you review their privacy policies carefully.
Service Providers. We may share information with companies providing services on our behalf, such as delivery services, hosting vendors, advertising service providers, data analytics companies, marketing service companies, and list managers. We also may share your information, including your payment information, as appropriate to process your payments for the Services or complete a transaction. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other unrelated purposes.
Other Parties When Required or Permitted by Law, or As Necessary to Protect Our Users and Services. We and our service providers (including affiliates) may use and share your personal information as we believe is necessary or appropriate to protect, enforce, or defend the legal rights, privacy, safety, or property of the Services, our employees or agents, or users, to detect, suppress or prevent fraud or where otherwise required or permitted by applicable law or legal process, including responding to a search warrant or other legally valid requests from public and government authorities (which may include lawful access by U.S., Canadian, or other governmental authorities, courts or law enforcement agencies).
Other Parties in Connection With a Corporate Transaction. We reserve the right to transfer any information we have about you in the event that we sell or transfer all or a portion of our business or assets to a third party, such as in the event of a merger, acquisition, or in connection with a bankruptcy reorganization.
Aggregated Data. We also may provide aggregated information, and data with personal identifiers removed, to third parties to describe how our customers are using the Services.
Sale of Personal Data. We do not “sell”, as defined in applicable state laws/regulations (e.g. the California Consumer Privacy Act or the Nevada Privacy Act), personal information to any third parties for monetary or other financial considerations and have not done so within the previous 12 month period from the date listed on this policy.
4. Online Advertising and Cookies
Cookies. “Cookies” are small files that are placed on your computer when you visit a website. Cookies may be used to store a unique identification number tied to your computer or device so that you can be recognized as the same user across one or more browsing sessions and across one or more sites. Cookies serve many useful purposes. For example:
- Cookies can remember your sign-in credentials, so you do not have to enter those credentials each time you visit a Service
- Cookies can help us and third parties understand which parts of our Services are the most popular because they help us see which pages and features visitors access and how much time they spend on the pages. By studying this kind of information, we are better able to adapt our Services and provide you with a better experience.
- Cookies help us and third parties understand which ads you have seen so that you don’t receive the same ad each time you access a Service.
Most browsers accept cookies automatically but can be configured not to do so. If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies. If you disable cookies, it may interfere with the functioning of the Services.
Beacons. We, along with third parties, also may use technologies called beacons (or “pixels”) that communicate information from your device to a server. Beacons can be embedded in online content, videos, and emails, and can allow a server to read certain types of information from your device, know when you have viewed particular content or a particular email message, determine the time and date on which you viewed the beacon and the IP address of your device. We and third parties use beacons for a variety of purposes, including to analyze the use of our Services and (in conjunction with cookies) to provide content and ads that are more relevant to you both on and off the Service.
Do-Not-Track Signals and Similar Mechanisms. Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, the Services currently do not take action in response to these signals. If and when a final standard is established and accepted, we will reassess how to respond to these signals.
Local Storage & Other Tracking Technologies. We, along with third parties, may use other kinds of technologies, such as Local Shared Objects (also referred to as “Flash cookies”) and HTML5 local storage, in connection with our Services. These technologies are similar to the cookies discussed above in that they are stored on your device and can be used to store certain information about your activities and preferences. However, these technologies may make use of different parts of your device from standard cookies, and so you might not be able to control them using standard browser tools and settings. For HTML5 local storage, the method for disabling HTML5 will vary depending on your browser. For Flash cookies, information about disabling or deleting information contained in Flash cookies can be found here.
5. Privacy and Access Choices Available To You
Choices With Respect To Cookies and Similar Technologies. You may block cookies and similar technologies in your browser or device settings, as and if permitted by such device.
Choices With Respect To Interest-Based Advertising. You may opt-out of receiving targeted advertising from participating ad networks, audience segment providers, ad serving vendors, and other service providers by visiting websites operated by the Network Advertising Initiative, Digital Advertising Alliance, and Digital Advertising Alliance of Canada.
Manage Your Account. You may access, modify or delete your account on the settings or profile page, or by contacting the Privacy Officer at email@example.com with such written request. In addition, you may contact us at 1 (800) 567-1191 (United States and Canada) or by clicking on this link. Whichever way you elect to contact us, we may ask that you confirm and verify your identity.
Data Access. Subject to applicable law, you may also have a right to access, update, and correct inaccuracies in other personal information in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating, and corrections of inaccuracies in the personal information we have in our custody or control by emailing or writing to us at the contact information set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records.
Email Promotions. You may opt-out of receiving commercial email, text messages, and other electronic messages from us (excluding transactional messages) by following the instructions contained in those messages.
6. Data Security
We have in place physical, electronic and managerial procedures to protect personal information in our custody and control against loss, theft, and unauthorized access, use, modification, and disclosure. However, as effective as these measures are, no security system is impenetrable. We cannot guarantee the security of our Services, nor can we guarantee that the information you provide will not be intercepted while being transmitted to us over the Internet.
7. Other Important Information
Children’s Privacy. We do not knowingly collect any personal information from children under the age of 13 without parental consent unless permitted by law. If we learn that a child under the age of 13 has provided us with personal information, we will delete it in accordance with applicable law.
Links to Third-Party Sites. Our Services may link to third-party websites and services that we do not operate and are outside of our control. We are not responsible for the security or privacy of any information collected by other websites or other services. Please exercise caution and review the privacy statements applicable to the third-party websites and services you use.
Your California Privacy Rights. As a California resident, you have certain rights over your Personal Information held by OWS and its affiliates under the California Consumer Privacy Act (the “CCPA”). California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their direct marketing purposes in the preceding calendar year.
The rights afforded to you as a California resident are as follows:
– The right to request the deletion of any Personal Information about you that has been collected from you;
– The right to request disclosures regarding the collection of your Personal Information;
– The right to request disclosures regarding the sale of your Personal Information or disclosures made for a business purpose;
– The right not to be discriminated against for exercising your rights under the CCPA;
– The right to opt-out of the sale of your Personal Information.
Requests to exercise the above-described rights should be directed to firstname.lastname@example.org.In addition, you may contact us at 1 (800) 567-1191 (United States and Canada) or by clicking on this link. Whichever way you elect to contact us, we may ask that you confirm and verify your identity.
Your Nevada Privacy Rights. As a Nevada resident, you have the right to opt-out of the sale of your Personal Information collected by us through the OWS corporate website, applications (e.g. mobile applications), or the website/applications of any OWS®. Brands.
Requests to exercise the above-described rights should be directed to email@example.com.In addition, you may contact us at 1 (800) 567-1191 (United States and Canada) or by clicking on this link. Whichever way you elect to contact us, we may ask that you confirm and verify your identity.
International Transfers. The Services are headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of your use of the Services may be collected in your country and subsequently transferred to, maintained, and processed in the United States or another country by us or our service providers for the purposes mentioned above in accordance with applicable law. The privacy laws of these countries may not always offer the same level of protection as in your country. By using the Services, you consent to the collection, international transfer, storage, and processing of your information.
Terms of Service
March 31, 2021
These Terms of Service (the “Terms”) govern your use of any website, mobile or tablet application, digital kiosk, or other online service or platform of Ocion Water Sciences Inc., or any of its companies, brands (collectively, “OWS”), that provides an authorized link to the Terms (collectively, the “Services”), regardless of who owns or operates the Services you ultimately visit, as well as our interactions with you on third-party platforms.
1. Binding Agreement
The Terms are a binding legal contract between you and OWS. Please read the Terms carefully before using the Services. Your use of the Services means that you agree to be bound by the Terms. Do not use the Services if you do not accept the Terms.
We may modify the Terms at any time. Your use of the Services after we post modifications to the Terms means that you accept the modified Terms. You must be 13 years or older to use the Services.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 12), DISCLAIMERS OF LIABILITY AND AN EXCLUSIVE REMEDY (SECTION 13), AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 18). PLEASE READ THEM CAREFULLY.
3. Registration and Security
You may register for certain activities provided through the Services. When you register or provide any other information in connection with the Services, you agree to provide accurate, current, and complete information and to promptly update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account. OWS has the right to suspend or terminate any account or other registration if it suspects that such information is inaccurate or incomplete. You agree to immediately notify OWS of any unauthorized use of your password or username or any other breach of security.
4. Prohibited Content and Activities
You may not use the Services to take any action that could harm us or anyone else, interfere with the Services, or use the Services in a manner that violates any law. For example, you may not:
- Impersonate any person or entity, or misrepresent your credentials or any information you provide;
- Engage in unauthorized spidering, scraping, or harvesting of content, or use any other unauthorized means to compile information;
- Harvest or otherwise collect or store any information (including personal information) about other users, including e‑mail addresses, without the express consent of such users;
- Solicit, collect, transmit, store, or otherwise make available private information or personal information of any third party;
- Use the Services to send commercial electronic messages or install a computer program on another person’s computer system;
- Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services;
- Use any device, software, or program to interfere with the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;
- Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise interfere with any software that is a part of the Services, or use any tools for compromising security (e.g., password‑guessing programs, cracking tools, or network probing tools);
- Use another’s information, account, or password, except as expressly permitted;
- Take any action that imposes an unreasonable load on our network or infrastructure;
- Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users’ computers, devices, or systems;
- For the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services; or
- Engage in any other conduct that restricts any person from using the Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.
5. Intellectual Property
All content, code, software, and any other materials that are part of the Services other than any content you may submit (collectively, the “OWS Content”) is the property of OWS. You may use the Services and print copies of OWS Content only for noncommercial, informational, personal use, without modification, and only so long as you comply with these Terms.
- Copyright and Other Intellectual Property Rights. OWS Content is protected under the copyright laws of the United States, Canada and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Services are owned by OWS or its third‑party licensors to the full extent permitted under the United States Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the OWS Content.
- Trade and Service Marks. You acknowledge and agree that all OWS logos and marks as well as other proprietary materials depicted in connection with the Services and the OWS Content are the property of OWS and may not be used commercially without the prior written consent of OWS.
- Notice of Infringement. If you believe in good faith that content you own has been reproduced on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
- Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number, and email address, so that we may contact you if necessary;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
OWS’s designated agent for notice of claims of copyright is:
Ocion Water Sciences Inc.
Attn: Legal (DMCA Copyright Infringement)
19347-24 Ave., #109
Surrey, BC, Canada V3Z 3S9
- Embedding Content. The Services may allow you to embed OWS Content into other web pages. All use of embedded OWS Content must be for non‑commercial purposes only, and may be disabled by OWS at any time and for any reason.
6. Social Media Integration
7. User Submissions
Certain areas of the Services may enable you to publicly post comments, send emails, or otherwise submit information to us. You remain fully responsible for the content that you provide in connection with the Services, including information, audio recordings, videos, photographs, documents, or any other materials (“User Content”). In addition to complying with Section 4, you agree not to provide User Content that:
- Infringes or violates the copyright, trademark, patent, or other intellectual property right of any person or entity;
- Is false, misleading, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually explicit;
- Violates any person or entity’s right to privacy or publicity;
- Contains advertising or a solicitation of any kind;
- Personally attacks or impersonates any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
- Transmits, stores, or otherwise makes available a virus, Trojan horse, worm, spyware, bot, or other harmful programming routine;
- Makes available material of a commercial nature or sends, causes or permits to be sent commercial electronic messages, including but not limited to advertising, promotions, junk mail, spam, pyramid schemes, chain letters, or solicitations of any kind;
- Violates any applicable law, or advocates illegal activity.
Subject to applicable law, we also have the right to disclose your identity to any third party who is claiming that any User Content you provide us or others in connection with the Services constitutes a violation of the third party’s intellectual property rights, of the third party’s right to privacy, or of any other applicable local, provincial, state, national, or international law.
If the Services permit you to submit User Content, you may only provide User Content that is original and that you have the right to provide. By providing us User Content, you grant us a royalty‑free, irrevocable, perpetual, non‑exclusive, worldwide, fully sub‑licensable, transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your User Content in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
If you are under the age of 13, you may not provide any User Content to us. If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.
8. Links and Third-Party Content
You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
9. Mobile Payment and Mobile Ordering
You may be permitted to participate in certain functionalities of the Services which allow you to use a device to order and pay for certain products from any OWS brand restaurant at or prior to arrival at the participating restaurant location (“Mobile Ordering”) in the same manner as is possible with a Digital Giftcard (“Mobile Payment”). Mobile Payment is subject to the applicable Digital Giftcard Terms & Conditions, as listed above, and is accepted at select participating restaurants. OWS reserves the right at any time to discontinue Mobile Ordering or Mobile Payment or to change the location of restaurants or markets offering or participating in Mobile Ordering or accepting Mobile Payment at any time.
In our sole discretion, we may restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. OWS is not responsible for any error in copy or images relating to the Services or any other products offered via the Services. Errors will be corrected when discovered and OWS reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).
Otherwise applicable sections of these Terms shall survive termination. OWS also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Services, including any of the OWS Context.
11. Governing Law, Arbitration, and Class Action Waiver
Except where prohibited by applicable law, which may include the Province of Quebec, the following terms apply to all legal disputes between you and OWS. These Terms are governed by the laws of the United States and the State of Washington, without giving effect to their principles of conflicts of law. Except where prohibited by applicable law, which may include the Province of Quebec, by using the Services, you waive any claims that may arise under the laws of other states, provinces, countries, territories, or jurisdictions.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR OWS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Except where prohibited by applicable law, which may include the Province of Quebec, all disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that OWS may seek any interim or preliminary relief from a court of competent jurisdiction in New York, necessary to protect its rights or property pending the completion of arbitration. In the event a dispute cannot, by applicable law, be subject to binding arbitration, the parties hereto irrevocably submit to the jurisdiction of the state and/or federal courts in the Southern District of Florida, except where prohibited by applicable law, which may include the Province of Quebec.
To the maximum extent permitted by applicable law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide OWS with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
12. Disclaimer of Warranties
THE LAWS OF SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF REPRESENTATIONS, WARRANTIES, OR CONDITIONS, SO SOME OF THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, EXCLUSIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. THE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY OWS. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, OR MATERIALS CONTAINED IN THE SERVICES, WILL BE TIMELY, SECURE, ACCURATE, ERROR‑FREE, COMPLETE, UP‑TO‑DATE, FREE OF VIRUSES, OR UNINTERRUPTED. OWS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR OWS CONTENT. NO INFORMATION MADE AVAILABLE BY OR ON BEHALF OF OWS SHALL CREATE ANY WARRANTY OR CONDITION.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Exclusive Remedy and Limitation of Liability
THAT THE LAWS OF SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES, OR LIABILITY, SO SOME OF THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL OWS, ITS AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY OWS CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF OWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OWS’S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.
You agree to indemnify, hold harmless, and defend OWS, its affiliates and licensors, any party involved in operating, creating, producing, or delivering the Services, and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services, (ii) your online conduct in connection with the Services, (iii) your (or anyone acting under your password or username) violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons, persons or third party platforms resulting from use of the Services. You shall not settle any such claim without the prior written consent of OWS. These obligations will survive any termination of these Terms.
15. Integration, Severability, and Waiver
These Terms and all other legal notices, statements or terms and conditions posted or made available to you on the Services constitute the entire agreement between OWS and you. In the event any provision of these Terms is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
16. Notice for California Consumers
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445‑1254 (tel:19164451254) or (800) 952‑5210 (tel:18009525210).
17. Contact Information
Please direct any questions, complaints, or comments related to the Services to firstname.lastname@example.org. (mailto:email@example.com)