Last updated: July 11, 2017
The Website is not intended for use by children, and those under the age of 13 should not proceed to use the Website. We do not knowingly collect personally identifiable information from children under 13 years of age.
All information, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (the “Materials”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Materials (together with the Materials, collectively, the “Content”), contained on the Website, regardless of its source or creation, is owned, controlled or licensed by or to Ocient, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws, and Ocient reserves and retains all rights in and to such Content.
The name and mark “Ocient” and any other names, marks, logos, graphics, designs, webpage designs, and icons of Ocient used in connection with the Website are registered or unregistered trademarks, service marks, or trade dress of Ocient (the “Marks”). You may not use the Marks other than in connection with any incidental use as necessary to view and access the Website. Without limiting the foregoing, you agree not to use any of the Marks or to use or register any other names or marks that are similar to, or likely to cause confusion with, any of the Marks.
3. Your Use of the Website
You may use information on Ocient products and services (such as data sheets, knowledge base articles, and similar materials) purposely and explicitly made available by Ocient for downloading from the Website, provided that you (1) retain and do not remove proprietary notice language from any copies of such documents, (2) use such information only for your personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties to any other party relating to such documents.
You may not:
- use any “deep-link”, “page-scrape”, “robot”, “spider” or other automated device, program, algorithm or methodology, or any similar or equivalent manual process (a) to access, acquire, copy, interrupt, or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, or (b) to obtain or attempt to obtain any materials, documents or information through any means not purposely and explicitly made available through the Website;
- attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Ocient server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means;
- frame or mirror any part of the Website;
- probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Ocient’ systems or networks, or any systems or networks connected to the Website;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Ocient on or through the Website or any service offered on or through the Website;
- hold yourself out as, or pretend that you are or that you represent, someone else, or impersonate any other individual or entity, including, but not limited to, Ocient and its employees; or
While using the Website you must comply with all applicable laws, rules and regulations. In addition, Ocient expects users of the Website to respect the rights and dignity of others. You agree that you will not:
- Post, transmit, or otherwise make available, through or in connection with the Website:
- Anything that is or may be (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right of another party (including, if applicable, your employer) without the express prior written consent of the owner of such right.
- Any material that would give rise to criminal or civil liability or that encourages or incites conduct that constitutes a criminal offense.
- Any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
- Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation, including, but not limited to, communications in violation of the CAN-SPAM Act.
- Harvest or collect personally identifiable information or financial information about other users of the Website.
4. Commercial Transactions
Ocient’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements. Nothing herein shall be construed to obligate Ocient to enter into or engage with you on any commercial transaction.
Ocient may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and Ocient makes no commitment to update the materials on the Website with respect to such products and services.
5. Accounts, Passwords and Security
Certain features or services offered on or through the Website may require you to register for and open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Ocient immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Ocient or any other user of, or visitor to, the Website due to someone else using your ID, password or account.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Ocient cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
7. Links to Third Party Websites
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ANY CONTENT, APPLICATIONS OR MATERIALS PROVIDED BY OR ON THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND OCIENT HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
OCIENT CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE. OCIENT SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE SERVICES OR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE. OCIENT DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, CONTENT, DATA, OR MATERIALS ON THE WEBSITE OR DOWNLOADED THROUGH THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THE WEBSITE OR ANY APPLICATIONS OR CONTENT PROVIDED BY OCIENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OCIENT CANNOT AND DOES NOT GUARANTEE THAT ANY DEFECTS, ERRORS OR OMISSIONS WILL BE CORRECTED, REGARDLESS OF WHETHER OCIENT IS AWARE OF SUCH DEFECTS, ERRORS OR OMISSIONS.
9. Limitation of Liability
IN NO EVENT SHALL OCIENT, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND/OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, ARISING OUT OF, OR RESULTING FROM, YOUR USE OF THE WEBSITE, EVEN IF OCIENT IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By submitting ideas, feedback, suggestions, documents, and/or proposals (“Contributions”) to Ocient through its feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information of yourself or any third party; (b) Ocient is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Ocient shall be entitled to exploit, use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Ocient may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Ocient without any obligation of Ocient to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Ocient under any circumstances.
12. Suspension or Termination of Access to the Website
13. DMCA Notice of Infringement
Ocient respects the intellectual property rights of others, and we expect users of our Website do the same.
If you believe that the use or display of any Content on the Website infringes any copyright that you own or control, please contact Ocient’ designated agent for copyright claims at:
100 North Riverside Plaza, Suite 800
Chicago, IL 60606
Attn: Legal Department, DMCA
When providing notification of alleged infringement of a copyright that you own or control (“DMCA Notice”), please provide Ocient’ designated agent the following information:
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
- A description of where the material that you claim is infringing is located, such as the URL where it is posted;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your DMCA Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
14. Governing Law; Disputes
15. Export Control
You acknowledge and agree that products, services and technology provided by Ocient are subject to the export control laws and regulations of the United States. You agree to comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Website or any portions or Content thereof, either directly or indirectly, to any country in violation of such laws and regulations. You may not use, export, import or transfer the Website or any portions or Content thereof except as authorized by U.S. law, the laws of the jurisdiction in which you obtained access, and any other applicable laws. In particular, but without limitation, the Website and any portions or Content thereof may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Website, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also acknowledge and agree that you may not use the Website or any portions or Content thereof for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.