USER AGREEMENT, TERMS AND CONDITIONS OF THIS WEBSITE –
Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.
This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of Ozpave. In addition, the logos and service marks displayed on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use without the written permission of Ozpave.
2. USE OF SITE
Ozpave grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. This site and the content
provided in this site, including the text, graphics, button icons, audio, and video clips,
digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without the written permission of Ozpave. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of Ozpave. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Website, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software, or routine to interfere or attempt to interfere
with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that Ozpave deems in its sole discretion to be unreasonable or disproportionate to the benefits Ozpave obtains from your use of the site. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure, or obliterate any of such notices. The use of such materials on any other Website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, porno graphic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark, or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug, or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
Competitors are excluded from using our website to compete. You are prohibited from using our website and the Content in any way that competes with our business.
4. REVIEW OF TRANSMISSIONS
Ozpave may, from time to time, monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Ozpave deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded, or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant Ozpave
a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-license-able right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. Ozpave takes no responsibility and assumes no liability for any content posted or submitted by you.
5. EXCLUSION OF WARRANTY
Ozpave makes no warranty of any kind regarding this site and/or any materials provided on this site, all of which are provided on an “as is” basis. Ozpave and any third party providers and distributors do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this site and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
6. LIMITATION OF LIABILITY
Ozpave assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video or audio from the site. In no event shall Ozpave or any third party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this site for hire), or (iii) the performance or non- performance by Ozpave or any third party providers or distributors, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
You shall defend and indemnify Ozpave and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site.
This site may contain links to other Web sites which are provided solely as a convenience to you and not as an endorsement by Ozpave, its third-party providers or distributors of the contents of such other Web sites. None of Ozpave or any third-party provider or distributor shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the
contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.
The relationship between Ozpave and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
10. ATTORNEY’S FEES
If Ozpave or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
11. INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Ozpave as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Ozpave shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Ozpave in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
Ozpave may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Ozpave and its third-party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Ozpave and its third-party providers or distributors, as applicable.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
Ozpave may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
15. ADDITIONAL TERMS
Additional terms and conditions may apply to hiring of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such
determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
18. ENTIRE AGREEMENT
This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.