Office on The Cloud: Terms of Use

Office on the Cloud Website Terms of Use

The Office on the Cloud (OOTC) website includes all pages under the Website's domain URL (www.officeonthecloud.com) and any related OOTC URLs. Any use of this Website constitutes acceptance of the terms contained herein. The OOTC terms of use agreement (Agreement) constitutes a binding and enforceable agreement between you and OOTC. By using or accessing this Website, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using the OOTC Website.

Use Restrictions

Absent prior written permission from OOTC, you may not copy, distribute, republish, upload, or transmit information contained in this Website ("Information") in any manner. However, you may download one copy of the Information provided you do not change the Information in any manner and further provided that you do not delete or change any copyright, trademark, or other proprietary notice contained in the Information. Where appropriate, the OOTC Website provides links to other resources. However, as provided herein, OOTC disclaims all warranties, express or implied, regarding the Information.

This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use, or use any type of data mining, robots, or similar data gathering or extraction methods on this Website. Any Information downloaded by you from this website is licensed to you by OOTC . This license does not transfer to you any intellectual property rights in the Information under any patent, copyright or trademark. All such rights remain with OOTC.

Modifying, or using the Information for any purpose, other than as specifically authorized herein, violates OOTC's intellectual property rights. Absent prior written consent from OOTC, you may not copy or imitate any elements of this Website, including but not limited to, graphics, digital images, logos, sounds, images, and buttons protected by trade dress and other laws. Absent prior written consent from OOTC, you may not use framing, metatags, or hidden text techniques in association with the OOTC logo, trademark or other copyrighted or proprietary information.

Restricted Rights

OOTC grants you only RESTRICTED RIGHTS regarding use of the Information and Website. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1) (ii) of The Rights in Technical Data and Commercial Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The contractor/manufacturer is OOTC.

Transmissions

You acknowledge that transmissions (Transmissions) by you to and from this Website are controlled by the OOTC Privacy Policy and are non-confidential (i.e. others may read and/or intercept such Transmissions). Transmissions may take the form of questions, comments, suggestions, ideas, feedback, notes, messages, e-mails, postings, letters, or other written materials about this Website provided by you to OOTC.

OOTChas the right, but not the obligation, at its sole discretion to review any Transmissions using this Website and to edit or delete any Transmissions that violate any part of this Agreement. You hereby consent to OOTC's collection and use of such Transmissions in accordance with OOTC's then current Privacy Policy and acknowledge that submitting Transmissions to this Website creates no financial or fiduciary relationship between you and OOTC.

By using this Website, you thereby assign all right, title, and interest, including the copyright therein, in all Transmissions to OOTC. Accordingly, OOTC shall own all intellectual property rights in the Transmissions and shall be entitled to unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation, or liability to you. By submitting such Transmissions to this Website, you irrevocably waive all "moral rights" in such Transmissions.

Indemnification

You agree to defend, indemnify, and hold OOTC and its parents, subsidiaries, affiliates, officers and employees, its suppliers and their respective affiliates and agents harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to your use of this Website, including but not limited to: (1) your submission to this Website of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.

Limitations of Liability

IN NO EVENT SHALL OOTC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE, EVEN IF OOTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. TO THAT EXTENT, OOTC'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO OOTC IN EXCHANGE FOR ALLOWING YOU ACCESS TO THIS WEBSITE.

DISCLAIMER

YOU ACKNOWLEDGE THAT THIS WEBSITE AND THE INFORMATION HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND THAT OOTC MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THIS WEBSITE OR THE INFORMATION. OOTC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING, OR ATTEMPTING TO USE, THIS WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THE FOLLOWING: (1) THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) OOTC DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE INFORMATION; AND (3) OOTC DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ANY RELATED SERVERS ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.

OOTC MAY PERIODICALLY CHANGE ANY CONTENT/INFORMATION ON THIS WEBSITE. OOTC RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU, OTHER THAN THAT WHICH IS SET FORTH IN THIS AGREEMENT. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN THIS WEBSITE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY OOTC'S ENDORSEMENT OR SPONSORSHIP THEREOF.

Links

This Website includes hypertext links to other websites over which OOTC has no control. OOTC makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites or to any changes or modifications made thereto. You hereby acknowledge that by using any such hypertext links, you irrevocably waive any and all claims against OOTC regarding such websites and must adhere to the usage and privacy policies governing such sites.

Trademark

All trademarks used on this Website are the property of their respective owners and may not be used without permission therefrom. Whether or not specifically designated as such, OOTC, and all other colors, graphics, logos, sounds, images, icons and buttons displayed on this Website are trademarks of OOTC and/or its affiliates. Absent prior written consent from OOTC, you may not copy, imitate, or use any portion of these marks.

Site Monitoring

You acknowledge that you are solely responsible for all of your activities in relationship to this Website, including the contents of all Transmissions and the consequences thereof. You agree to indemnify, defend, and hold OOTC harmless from any liability arising from your use of this Website. While OOTC respects your privacy, your hereby acknowledge that this Agreement creates no reasonable expectation of privacy in any Transmissions.

OOTC may, but is under no obligation to, use blocking and/or filtering software and other monitoring devices to prevent the dissemination of unsolicited electronic communications (SPAM). You may not use this Website in association with such SPAM, any computer viruses, or any other potentially damaging computer code. OOTC will prosecute violations to the fullest extent allowed by law and reserves the right to take additional action regarding any such activity or conduct. Such additional action may include recovery of costs and expenses associated with identifying offenders and preventing their access to this Website as well as loss of profits, damages, court costs, and attorney fees associated with the repair of any damaged property.

Governing Law

This is the entire Agreement between you and OOTC relating to your use of this Website. The laws of the State of Florida, United States of America, shall govern this Agreement and the OOTC Privacy Policy, notwithstanding any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement, or the OOTC privacy policy, shall be filed only in state or federal court located in the State of Maryland, in a venue most proximate to Bethesda, MD. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action.

Termination

Either you or OOTC may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this website. OOTC may terminate this agreement immediately, without notice for any reason, or no reason, and reserves the right to block or prevent your future access to this Website.

Severability

If any portion of this Agreement and of the OOTC Privacy Policy is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.

Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter.