This website has been developed as a service of OCTUM USA, Inc. (“OCTUM”). By accessing and using the website located at https://www.octum-usa.com (the “Website”), you agree to be bound by the Terms and Conditions (hereinafter, the “Terms” or “Agreement”) in effect at the time of each such access or other use. You also acknowledge that OCTUM may, from time to time, in its sole discretion, change these Terms. We will provide notice of material changes to these Terms by posting an updated version on the Website with a revised “LAST UPDATED” date. Continued use of the Website after any such changes constitutes your acceptance of the new Terms. You should review the Terms each time you visit or use the Website. If you do not agree to these Terms, do not use the Website. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the bottom of these Terms. As used in these Terms, “we,” “us,” and “our” includes OCTUM, its parents, subsidiaries, affiliates, and any third-party vendors we hire to assist in the administration of the Website, the collection, cataloging and/or analysis of data, and/or the processing or handling of any visitor transactions.

If you are accessing or using the Website on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Website as well as for the access or use of your account by others affiliated with your entity, including any employees, agents, or contractors.

License and Access to the Website

OCTUM grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for non-commercial purposes. Such limited license shall enable you to use the Website for informational purposes only. This license shall not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including OCTUM’s text, page layout, or form) of OCTUM or our affiliates without our prior express written consent.

OCTUM accepts no liability for the accuracy or completeness or use of, nor any obligation to update, the information contained on this Website. We make no guarantees regarding the availability of the Website. Furthermore, we reserve the right, in our sole discretion, to discontinue the Website at any time without notice. You agree that we will not be liable to you for any such discontinuance or modification of the Website. Any rights not expressly granted by these Terms are reserved by us.

You are under no obligation to use or continue to use the Website and may temporarily or permanently cease using the Website without notice to OCTUM. Any use of the Website, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Website or any portion thereof.

Click-Through Agreements

Before using certain areas of the Website, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept,” “I Agree,” “Okay,” “I Consent,” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms and any Click-Through Agreement, the Click-Through Agreement will govern with respect to the subject matter covered by such Click-Through Agreement.

Restrictions on Your Use

All content within the Website and any materials made available on these pages for downloading, if any, are the property of OCTUM and/or its affiliates or other third parties. The Website and portions of the Website are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Website that are viewed, downloaded, or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Website.

To the extent applicable, when accessing the Website, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to certain information provided at, or contained in, the Website. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Website. All forms of indirect and “spoofed” access are strictly prohibited.

Do not submit, post, or otherwise transmit via the Website information that is proprietary or confidential to third parties (whether by law or by contract) or that you otherwise do not have the legal right to use. Any information, content, or other material, including, but not limited to, any feedback, data, answers, questions, comments, suggestions, plans, ideas, user reviews, or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than those obligations outlined in our Privacy Policy) from disclosure.

Digital Millennium Copyright Act (DMCA) Notice

If you believe that any content on this Website infringes upon your copyright, please notify us by providing our designated copyright agent with the following information in writing: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the allegedly infringing material is located on the Website; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) 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. Our designated agent for notice of claims of copyright infringement can be reached at:

OCTUM USA Inc.
Harald Obenland
14045 South Lakes Drive
Charlotte, NC 28273
USA

+1 (980) 431-9540
administration@octum-usa.com

Intellectual Property Ownership

Any and all intellectual property rights associated with the Website, including, without limitation, design, texts, graphics, pictures, video, information, applications, software, music, sound, and other files contained therein or related thereto, and the arrangement thereof, any inventive concepts, know-how, publicity rights, trademarks, trade dress, trade secrets, copyrights, and patents (“Intellectual Property”) are the sole property of OCTUM or third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without the express written consent of OCTUM or the express written consent of the appropriate third party, as applicable. Except as provided herein, OCTUM does not grant to you any express or implied rights to OCTUM’s or any third party’s Intellectual Property.

Privacy Policy

Any personal information or other information about you collected by OCTUM through, or in connection with, this Web Site is subject to our Privacy Policy. The OCTUM Privacy Policy is incorporated into the terms of this Agreement by this reference.  As indicated in these Terms, this Web Site is designed for adults of legal age (18 years and over). For questions about our online privacy policy for children please refer to the Privacy Policy.

Links

This Website may provide or include links to other websites or resources. While OCTUM attempts to provide links only to third-party websites that comply with all applicable laws and regulations and OCTUM’s standards, please understand that the content on these third-party websites is subject to change without notice to OCTUM. Because we have no control over such sites and resources, you acknowledge and agree that OCTUM is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT OCTUM SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

OCTUM prohibits caching of any portion of the Website and any unauthorized hypertext links to the Website. We reserve the right to disable any unauthorized links or frames.

Exclusion of Warranty 

Any use of the Website or reliance upon any of the information contained therein, and any use of the Internet generally, shall be at your sole risk. OCTUM disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information accessible by use of the Website.

OCTUM MAKES NO WARRANTY OF ANY KIND REGARDING THE WEBSITE AND/OR ANY MATERIALS PROVIDED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. OCTUM DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEBSITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES 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. OCTUM DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR ANY E-MAIL SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER OCTUM NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE WEBSITE, (2) ANY INFORMATION, GOODS, OR SERVICES OBTAINED THROUGH, ADVERTISED, OR RECEIVED THROUGH THE WEBSITE OR ANY LINKS PROVIDED BY OR THROUGH THE WEBSITE, (3) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE, OR (4) THE INTERNET GENERALLY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERMS. TO THE EXTENT THAT OCTUM MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Limitation of Liability

OCTUM 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 THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL OCTUM BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES, 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 ANY USE OF THE WEBSITE OR CONTENT FOUND THEREIN. OCTUM’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL AMOUNT PAID BY YOU TO OCTUM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

Jurisdictional Issues

Although this Website is accessible worldwide, not all information, products, or services discussed or referenced herein are available to all persons or in all geographic locations. This Website is controlled and operated by OCTUM from its offices within the State of North Carolina. OCTUM makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Choice of Law and Forum

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, United States of America, without regard to its conflicts of law principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or the Website shall be in the state or federal courts located in the State of North Carolina, County of Mecklenburg, and you further agree and submit to the personal jurisdiction of such courts for the purposes of litigating any such claim or action. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall first be subject to good faith negotiation between the parties for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, either party may pursue resolution in the courts specified in the “Choice of Law and Forum” section above. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

Indemnity and Release

By using this Website, you agree to indemnify, defend, and hold harmless OCTUM and its parents, subsidiaries, affiliates, and their respective officers, directors, managers, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising from or related to: (a) your use of, or inability to use, the Website; (b) your violation of these Terms; (c) your violation of any rights of another party, including any intellectual property rights; or (d) your violation of any applicable laws, rules, or regulations. OCTUM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any such matter without the prior written consent of OCTUM. By using the Website, you also release OCTUM and its parents, subsidiaries, affiliates, and their respective officers, directors, managers, employees, agents, licensors, and suppliers from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Website, to the maximum extent permitted by applicable law.

Accessibility

OCTUM is committed to ensuring that its Website is accessible to people with disabilities. If you have difficulty accessing any content, feature, or functionality of this Website, please contact us at info@octum-usa.com, and we will work with you to provide the information or service you need through an alternative communication method that is accessible for you.

Severability and Integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and OCTUM with respect to this Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and OCTUM with respect to this Website. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of OCTUM to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Electronic Communications

By using this Website or providing your email address to us, you consent to receive electronic communications from OCTUM. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. This consent to receive electronic communications is provided pursuant to the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and any applicable state laws. You may withdraw your consent to receive electronic communications by contacting us at info@octum-usa.com.

Changes to the Terms

We may periodically modify and supplement these Terms. Material changes will be indicated by updating the “LAST UPDATED” date at the bottom of these Terms. For material changes that affect your rights or obligations, we will make reasonable efforts to provide notice through the Website. You are responsible for regularly reviewing these Terms for any changes. All amended Terms become effective upon our posting to the Website, and any use of the Website after such revisions have been posted signifies your consent and agreement to the modified Terms. If you do not agree to the modified Terms, you must discontinue your use of the Website.

Contact Information

If you have any questions about these Terms, please contact us at:

OCTUM USA Inc.
14045 South Lakes Drive
Charlotte, NC 28273
USA

+1 (980) 431-9540
info@octum-usa.com