TERMS OF USE
Please carefully review the terms of use of this site.
Your use of the site will indicate your acceptance of
these terms; do not use the site if you do not agree to
be bound by these terms. We may periodically change the
terms, so please check them from time to time as your
continued use of the site signifies your acceptance of
any changed items.
USE OF SITE CONTENT
Ococoa owns the copyright for all of the material on the
web site or has a valid right from a third party to use
material on the web site. Ococoa also owns or has a valid
right to use all trademarks, service marks, and trade
names used on this web site. No part of the web site may
be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, except that you
may download one copy of the materials on any single computer
for your personal, non-commercial home use only, provided
you keep intact all copyright, trademark and other proprietary
notices on the materials. Any modification of the materials
or use of the materials for any other purpose is a violation
of Ococoa's copyright and other proprietary rights.
The use of any such material on any other web site or
computer network without Ococoa's written consent
is strictly prohibited. Your use of the trademarks, service
marks and trade names on this web site in any manner other
than as authorized in these terms and conditions, or as
authorized in writing by Ococoa, is strictly prohibited.
If you download software from this website, the software
and all files, images and data relating to the software
will be licensed to you by Ococoa. You do not own the
downloaded software, and Ococoa does not transfer ownership
of the software to you. Ococoa retains full ownership
of and title to the downloaded software and all intellectual
property rights related to the software. You may not redistribute,
sell, decompile, reverse engineer, disassemble, or otherwise
reduce the software to a human-perceivable form. Software
that is downloaded from this web site is subject to United
States export control laws. If you download software from
this web site, you represent and warrant to Ococoa that
you are not acting in violation of those laws.
LIMITATION OF LIABILITY
Under no circumstances shall Ococoa be liable for any
damages or injury, including any direct, special, incidental,
consequential, punitive or other damages, that may result
from the use of, or the inability to use, the web site
or any materials in this site, whether in an action of
contract, negligence or other tortious action, arising
out of or in connection with the use or performance of
the website or information available in the web site.
Ococoa shall not be liable even if Ococoa or an Ococoa
authorized representative has been advised of the possibility
of such damages. These include but are not limited to
damages or injury caused by error, omission, interruption,
defect, failure of performance, delay in operation or
transmission, line failure or computer virus, worm, trojan
horse or other harmful component.
Applicable law may not allow the exclusion of certain
warranties or the limitation or exclusion of liability
for incidental or consequential damages. Accordingly,
some of the above limitations or exclusions may not apply
to you. However, in no event shall Ococoa’s total
liability to you for damages, losses, and causes of action
(whether in contract, tort (including, but not limited
to, negligence, or otherwise) exceed the amount paid by
you, if any, for accessing this site.
DISCLAIMER
The materials in this web site (including any graphics,
software, recommendations or other materials) and any
materials made available through this web site are provided
"as is" and without warranties of any kind,
either express or implied. To the fullest extent permissible
pursuant to applicable law, OCOCOA DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. Ococoa does not warrant
or make any representations regarding the use or the results
of the use of the materials in this web site in terms
of their correctness, accuracy, reliability, or otherwise.
The materials in this web site could include technical
inaccuracies or typographical errors. These materials
could be inaccurate or become inaccurate as a result of
developments occurring after their respective dates. Ococoa
undertakes no obligation to verify or maintain the currency
of such information.
Certain links in this web site may link you to other sites
on the worldwide web. The linked sites may not be under
the control of Ococoa and Ococoa is in any event not responsible
for the contents of any linked site or any link contained
in a linked site, or any changes or updates to such sites.
Ococoa is not responsible for webcasting or any other
form of transmission received from any linked site. Ococoa
is providing these links to you only as a convenience,
and the inclusion of any link does not imply a referral
by Ococoa to, or an endorsement by Ococoa of, the linked
site or any products or services which may be offered
there.
Ococoa endeavors to maintain this web site and its operation,
but is not, and cannot be, responsible for the results
of any defects that may exist in the web site or its operation.
As to the operation of the web site, Ococoa expressly
disclaims all warranties of any kind, whether express
or implied, including, but not limited to all implied
warranties of merchantability or fitness for a particular
purpose, title and non-infringement. Ococoa makes no warranty
that (i) the operation of the web site will meet the user's
requirements; (ii) access to the web site will be uninterrupted,
timely, secure, free of viruses, worms, trojan horses
or other harmful components, or free of defects or errors;
(iii) the results that may be obtained from the use of
the web site will be accurate or reliable; or (iv) defects
will be corrected. You (and not Ococoa) assume the entire
cost of all servicing, repair, or correction that may
be necessary for your computer equipment and software
as a result of any viruses, errors or any other problems
whatsoever you may have as a result of visiting this web
site.
JURISDICTION
Ococoa controls and operates this web site from within
the United States of America. Unless otherwise specified
on or by this web site, this web site is intended to promote
only those Ococoa products that are sold by Ococoa in
the United States and its territories, and Ococoa makes
no representation that materials in this web site or the
products described thereby are appropriate or available
for use in other locations. All visitors to this web site
are responsible for compliance with all local laws applicable
to them with respect to the content and operation of this
web site.
SUBMISSIONS
All comments, suggestions, graphics, ideas (including
product and advertising ideas), and other information
or materials you submit to Ococoa through this web site
will become and remain the exclusive property of Ococoa,
including any future rights associated with such submissions,
even if these Terms of Use are later modified or terminated.
This means that you disclaim any proprietary rights in
such submissions, and you acknowledge Ococoa's unrestricted
right to use them (or materials or ideas similar to them)
in any medium, now and in the future, without notice,
compensation or other obligation to you or any other person.
It also means Ococoa has no obligation to keep your submissions
confidential.
MISCELLANEOUS
These Terms of Use and any disputes arising under or related
to these Terms of Use (whether for breach of contract,
tortious conduct or otherwise) will be governed by the
laws of the State of California, without reference to
its conflicts of law principles. Any legal actions, suits
or proceedings arising out of these Terms of Use (whether
for breach of contract, tortious conduct or otherwise)
will be brought exclusively in the state courts of California
or the United States District Court in Los Angeles County,
and you hereby accept and submit to the personal jurisdiction
of these California courts with respect to any legal actions,
suits or proceedings arising out of these Terms of Use.
You also waive to the fullest extent permitted by law
any right to a trial by jury in any action, suit or proceeding
brought to enforce, defend or interpret any right or remedies
under, or arising in connection with or relating to, these
Terms of Use. .
If any provision of these Terms of Use shall for any reason
be held invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions
hereof shall not be affected or impaired thereby and such
remaining provisions of these Terms of Use shall remain
in full force and effect. Moreover, if any one or more
of the provisions of these Terms of Use shall be held
to be excessively overbroad as to duration, activity or
subject, such provision shall be construed by limiting
and reducing them so as to be enforceable to the maximum
extent allowed by applicable law. This Agreement constitutes
the entire agreement and understanding among the parties
relating to use of this site. Ococoa can revise these
Terms and Conditions at any time by updating this posting. |