TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES
AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN
BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO
READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE
TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF JUNE 7th, 2019.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall
govern the relationship with our users and others which may interact or interface with
OCBIN, also known as OCBIN located
in CALIFORNIA and our subsidiaries and affiliates, in association with the
use of the OCBIN website, which includes
ocbin.com, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a forum website which has the following description:
{site_description}
Any and all visitors to our site, despite whether they are registered or not, shall be
deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once
an individual register's for our Services, through the process of creating an account, the user
shall then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made
available through our website and applications, which may include some mobile applications and
that those applications may be made available on various social media networking sites and
numerous other platforms and downloadable programs, are the sole property of
OCBIN. At its discretion, OCBIN may offer additional website Services and/or products, or update, modify or revise any current
content and Services, and this Agreement shall apply to any and all additional Services and/or
products and any and all updated, modified or revised Services unless otherwise stipulated.
OCBIN does hereby reserve the right to cancel and cease offering
any of the aforementioned Services and/or products. You, as the end user and/or member,
acknowledge, accept and agree that OCBIN shall not be held liable
for any such updates, modifications, revisions, suspensions or discontinuance of any of our
Services and/or products. Your continued use of the Services provided, after such posting of
any updates, changes, and/or modifications shall constitute your acceptance of such updates,
changes and/or modifications, and as such, frequent review of this Agreement and any and all
applicable terms and policies should be made by you to ensure you are aware of all terms and
policies currently in effect. Should you not agree to the updated, revised or modified terms,
you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the
Services offered shall be provided "AS IS" and as such OCBIN shall not assume any responsibility or obligation for the timeliness, missed delivery,
deletion and/or any failure to store user content, communication or personalization settings.
REGISTRATION
To register and become a "member" of the Site, you must be at least 18 years of age to enter
into and form a legally binding contract. In addition, you must be in good standing and not
an individual that has been previously barred from receiving OCBIN's
Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, OCBIN may collect information such as
your name, e-mail address, birth date, gender, mailing address, occupation, industry and
personal interests. You can edit your account information at any time.
Once you register with OCBIN and sign in to our Services, you are
no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as
may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete
nature, OCBIN will have sufficient grounds and rights to suspend
or terminate the member in violation of this aspect of the Agreement, and as such refuse any
and all current or future use of OCBIN Services, or any portion
thereof.
It is OCBIN's priority to ensure the safety and privacy of
all its visitors, users and members, especially that of children. Therefore, it is for this
reason that the parents of any child under the age of 13 that permit their child or children
access to the OCBIN website platform Services must create a
"family" account, which will certify that the individual creating the "family" account is
of 18 years of age and as such, the parent or legal guardian of any child or children
registered under the "family" account. As the creator of the "family" account,
s/he is thereby granting permission for his/her child or children to access the various
Services provided, including, but not limited to, message boards, email, and/or instant
messaging. It is the parent's and/or legal guardian's responsibility to determine whether any
of the Services and/or content provided are age-appropriate for his/her child.
PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected
by the OCBIN Online Privacy Policy (see the full Privacy Policy
at https://www.ocbin.com/docs/privacy/). As a member, you herein consent to the collection
and use of the information provided, including the transfer of information within the United
States and/or other countries for storage, processing or use by OCBIN and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be
responsible for maintaining the secrecy and confidentiality of your password and for all
activities that transpire on or within your account. It is your responsibility for any act or
omission of any user(s) that access your account information that, if undertaken by you, would
be deemed a violation of the TOS. It shall be your responsibility to notify
OCBIN immediately if you notice any unauthorized access or use of
your account or password or any other breach of security. OCBIN shall not be held liable for any loss and/or damage arising from any failure to comply with
this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other
content, whether it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short, this means that
you are solely responsible for any and all content posted, uploaded, emailed, transmitted or
otherwise made available by way of the OCBIN Services, and as such,
we do not guarantee the accuracy, integrity or quality of such content. It is expressly
understood that by use of our Services, you may be exposed to content including, but not
limited to, any errors or omissions in any content posted, and/or any loss or damage of any
kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise
made available by OCBIN.
Furthermore, you herein agree not to make use of OCBIN's
Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content
that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful,
and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any
OCBIN officials, forum leaders, guides or hosts or falsely
stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally
have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may
infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights
of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do
not personally have any right to offer pursuant to any law or in accordance with any
contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs which have been
designed to interfere, destroy and/or limit the operation of any computer software,
hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that
would negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any OCBIN Services, servers
and/or networks that may be connected or related to our website, including, but not limited
to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or
international law, including, but not limited to, rules, guidelines, and/or regulations
decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any
nation or other securities exchange, that would include without limitation, the New York
Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the
force of law;
l) providing informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States government as
a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection
with the prohibited conduct and/or activities which have been set forth in the aforementioned
paragraphs.
OCBIN herein reserves the right to pre-screen, refuse and/or delete
any content currently available through our Services. In addition, we reserve the right to remove
and/or delete any such content that would violate the TOS or which would otherwise be considered
offensive to other visitors, users and/or members.
OCBIN herein reserves the right to access, preserve and/or
disclose member account information and/or content if it is requested to do so by law or in good
faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any
third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of OCBIN,
its visitors, users and members, including the general public.
OCBIN herein reserves the right to include the use of security
components that may permit digital information or material to be protected, and that such use of
information and/or material is subject to usage guidelines and regulations established by
OCBIN or any other content providers supplying content services to
OCBIN. You are hereby prohibited from making any attempt to override
or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized
reproduction, publication, distribution, or exhibition of any information or materials supplied
by our Services, despite whether done so in whole or in part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using ocbin.com to
send electronic communications, which would include, but are not limited to, email, searches,
instant messages, uploading of files, photos and/or videos, you will be causing communications
to be sent through our computer network. Therefore, through your use, and thus your agreement
with this TOS, you are acknowledging that the use of this Service shall result in interstate
transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
Content. Uploading, posting and/or transferring of software, technology and other technical data
may be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export Administration
Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control
program of the United States
(http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)
nor a member of any other government which may be part of an export-prohibited country
identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the
use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S. export
laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical
data which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
OCBIN shall not lay claim to ownership of any content submitted
by any visitor, member, or user, nor make such content available for inclusion on our website
Services. Therefore, you hereby grant and allow for OCBIN the below
listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of
OCBIN's sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network
Services is for the sole purpose of providing and promoting the specific area to which this
content was placed and/or made available for viewing. This license shall be available so long
as you are a member of OCBIN's sites, and shall terminate at such
time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of OCBIN's sites, the license provided
to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services are for the sole purpose of providing and promoting
the specific area in which this content was placed and/or made available for viewing. This
license shall be available so long as you are a member of OCBIN's
sites and shall terminate at such time when you elect to discontinue your membership.
For any other content submitted or made available for inclusion on the publicly accessible
areas of OCBIN's sites, the continuous, binding and completely
sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and/or publicly display said content, whether in whole or
in part, and the incorporation of any such Content into other works in any arrangement or medium
current used or later developed.
Those areas which may be deemed "publicly accessible" areas of OCBIN's
sites are those such areas of our network properties which are meant to be available to the general
public, and which would include message boards and groups that are openly available to both users
and members. However, those areas which are not open to the public, and thus available to members
only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
OCBIN provides an area for our users and members to contribute feedback
to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to
our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) OCBIN shall not be liable or under any obligation to ensure or
maintain confidentiality, expressed or implied, related to any Contributions;
c) OCBIN shall be entitled to make use of and/or disclose any such
Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of
OCBIN; and
e) OCBIN is under no obligation to either compensate or provide
any form of reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold OCBIN, our
subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not
liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees
made by any third party which may arise from any content a member or user of our site may submit,
post, modify, transmit or otherwise make available through our Services, the use of
OCBIN Services or your connection with these Services, your violations
of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit
for any commercial reason any part, use of, or access to OCBIN's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that OCBIN may set up any such practices and/or
limits regarding the use of our Services, without limitation of the maximum number of days that any
email, message posting or any other uploaded content shall be retained by OCBIN,
nor the maximum number of email messages that may be sent and/or received by any member, the maximum
volume or size of any email message that may be sent from or may be received by an account on our
Service, the maximum disk space allowable that shall be allocated on OCBIN's
servers on the member's behalf, and/or the maximum number of times and/or duration that any member
may access our Services in a given period of time. In addition, you also agree that
OCBIN has absolutely no responsibility or liability for the removal or
failure to maintain storage of any messages and/or other communications or content maintained or
transmitted by our Services. You also herein acknowledge that we reserve the right to delete or
remove any account that is no longer active for an extended period of time. Furthermore,
OCBIN shall reserve the right to modify, alter and/or update these
general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the
individuals with whom you communicate with the ability to save your conversations in your account
located on OCBIN's servers. In this manner, you will be able to access
and search your message history from any computer with internet access. You also acknowledge that
others have the option to use and save conversations with you in their own personal account on
ocbin.com. It is your agreement to this TOS which establishes your consent
to allow OCBIN to store any and all communications on its servers.
MODIFICATIONS
OCBIN shall reserve the right at any time it may deem fit, to modify,
alter and or discontinue, whether temporarily or permanently, our service, or any part thereof,
with or without prior notice. In addition, we shall not be held liable to you or to any third party
for any such alteration, modification, suspension and/or discontinuance of our Services, or any part
thereof.
TERMINATION
As a member of ocbin.com, you may cancel or terminate your account,
associated email address and/or access to our Services by submitting a cancellation or
termination request to {tos_emaail}.
As a member, you agree that OCBIN may, without any prior
written notice, immediately suspend, terminate, discontinue and/or limit your account, any email
associated with your account, and access to any of our Services. The cause for such termination,
discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
ocbin.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and
or limitations of access for cause shall be made at our sole discretion and that we shall not
be liable to you or any other third party with regards to the termination of your account,
associated email address and/or access to any of our Services.
The termination of your account with ocbin.com shall include
any and/or all of the following:
a) the removal of any access to all or part of the Services offered within
ocbin.com;
b) the deletion of your password and any and all related information, files, and any such
content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of,
advertisers located on or through our Services, which may include the payment and/or delivery
of such related goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that OCBIN shall not be held
responsible or liable for any loss or damage of any nature or manner incurred as a direct result
of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either OCBIN or any third parties may provide links to other websites
and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability
of any such external sites or resources, and as such, we do not endorse nor are we responsible or
liable for any content, products, advertising or any other materials, on or available from such
third party sites or resources. Furthermore, you acknowledge and agree that
OCBIN shall not be responsible or liable, directly or indirectly, for
any such damage or loss which may be a result of, caused or allegedly to be caused by or in
connection with the use of or the reliance on any such content, goods or Services made available
on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that OCBIN's Services and any
essential software that may be used in connection with our Services ("Software") shall contain
proprietary and confidential material that is protected by applicable intellectual property rights
and other laws. Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our Services or by
advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.
Therefore, except for that which is expressly permitted by applicable law or as authorized by
OCBIN or such applicable licensor, you agree not to alter, modify,
lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on OCBIN Services (e.g. Content
or Software), in whole or part.
OCBIN herein has granted you personal, non-transferable and
non-exclusive rights and/or license to make use of the object code or our Software on a single
computer, as long as you do not, and shall not, allow any third party to duplicate, alter,
modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make
an attempt to locate or discern any source code, sell, assign, sublicense, grant a security
interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein
agree not to alter or change the Software in any manner, nature or form, and as such, not to use
any modified versions of the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our
Services through any means other than through the interface which is provided by
OCBIN for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF OCBIN SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU.
OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS.
OCBIN AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) OCBIN AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) OCBIN SERVICES OR
SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) OCBIN SERVICES OR SOFTWARE
SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED
FROM THE USE OF THE OCBIN SERVICES OR SOFTWARE WILL BE ACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE
PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v)
THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF
OCBIN SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION
AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS
AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING
AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH
INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM
OCBIN OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING
OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC
SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU
KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE
OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT OCBIN AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE
TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR
OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release OCBIN (and its
officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and
any other third parties) from claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of
or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments
or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again.
In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate.
OCBIN's content is provided primarily for informational purposes, and no
content that shall be provided or included in our Services is intended for trading or investing purposes.
OCBIN and our licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted and/or made available by way of our Services,
and shall not be responsible or liable for any trading and/or investment decisions based on any such
information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
OCBIN may furnish you with notices, including those with regards to any
changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging,
postings on our website Services, or other reasonable means currently known or any which may be herein
after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing
our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you
are deemed to have received any and all notices that would have been delivered had you accessed our
Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the OCBIN trademarks,
copyright, trade name, service marks, and other OCBIN logos and any brand
features, and/or product and service names are trademarks and as such, are and shall remain the property
of OCBIN. You herein agree not to display and/or use in any manner the
OCBIN logo or marks without obtaining OCBIN's
prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
OCBIN will always respect the intellectual property of others, and we ask
that all of our users do the same. With regards to appropriate circumstances and at its sole discretion,
OCBIN may disable and/or terminate the accounts of any user who violates
our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such
a way that would constitute copyright infringement, or if you believe your intellectual property rights
have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the
owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been
infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your e-mail address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized
by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in
your notice is truthful and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The OCBIN Agent for notice of claims of copyright or other intellectual
property infringement can be contacted as follows:
E-mail: {tos_emaail}