The following notices, terms, and conditions (the “Terms”) apply to the http://www.Odesso.com web site, mobile apps, and all associated or subsidiary sites Odesso, Inc. By accessing, using or downloading any information or materials from Odesso, Inc., you agree to follow and be bound by these Terms.
Odesso, Inc. may change or revise these Terms at any time without notice by updating this posting. Your continued use of the services following such revisions indicates your acknowledgment and acceptance of the new Terms. Additionally, Odesso reserves the right, at any time and for any reason, to modify the services and to suspend, interrupt or terminate operation of or access to the technology services. Any rights not expressly granted herein are reserved by Odesso.
GENERAL USE PROVISIONS
All content and materials provided on this Web Site, including but not limited to information, documents, text, products, logos, graphics, photographs, sounds, images, videos, trademarks, logos, interfaces, music, software, computer code, and services (collectively, the ”Materials”), are owned, controlled or licensed by or to Odesso, its affiliates or subsidiaries, or its third-party manufacturers, authors, developers and vendors (collectively, ”Third Party Providers”) and are the copyrighted work of Odesso and/or its third-party providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, printing, recording, or other means, without the prior express written permission of Odesso. Also, you may not appropriate or copy the general “look and feel” of the Materials or Web Site in any form or by any means.
Except where expressly provided otherwise by Odesso, nothing on this Web Site shall be construed to confer any license offer for license or sale under any of Odesso’s or any Third Party Provider’s intellectual property rights, whether by implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Odesso and as such, Odesso makes no warranty with respect to its contents. Odesso does not provide, sell, license, or lease any of the Materials other than those expressly identified as being provided by Odesso.
Odesso hereby grants you permission to display, copy, distribute and download certain Materials that have specifically been made available by Odesso, provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the Materials are used solely for personal, non-commercial and informational purposes and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these Terms. Upon termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Terms and Conditions
The following is a non-inclusive list of activities are expressly prohibited by Odesso:
• Gaining or attempting to gain unauthorized access to the Web Site (or any portion thereof), to any software or services featured on the Web Site, or to any systems or networks connected to the Web Site or Odesso’s servers;
• Obtaining or attempting to obtain any Materials or proprietary Odesso content via any means not expressly made available by Odesso;
• Interfering or attempting to interfere with the functionality or use of the Web Site by others;
• Assessing or testing the vulnerability of the Web Site or attempting to breach its security or authentication measures
• Using the Web Site or Materials for any unlawful purposes or soliciting illegal or infringing activities; and
• Using, exporting, or re-exporting Materials in violation of applicable laws or regulations, including but not limited to U.S. export laws.
By using this Web Site, you agree that Odesso may at any time and in its sole discretion terminate and block your access to the Web Site if Odesso determines that you have violated these Terms or any other Odesso agreements or guidelines which may be associated with your use of the Web Site. Further, you agree that your violation of the Terms will constitute unlawful and unfair business practices, and will cause irreparable harm to Odesso for which monetary damages would be inadequate. Additionally, you consent to Odesso obtaining any injunctive or equitable relief that it deems appropriate or necessary under the circumstances. The foregoing remedies are in addition to any other remedies Odesso may have.
Odesso reserves the right to disclose information about you that it deems necessary to comply with any applicable laws, regulations, or legal requests. In the event of any investigation or complaint regarding your use of the Web Site, Odesso may disclose information about you if it determines such action is necessary. Odesso may also disclose identifying information about you in order to contact, identify or take action against someone injuring or interfering with the rights of Odesso, its customers, or other users of the Web Site.
LINKS TO THIRD PARTY SITES
This Web Site may contain links to websites controlled by parties other than Odesso. Odesso is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party websites. Odesso is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Odesso of the Terms and Conditions linked website. It is your responsibility to take precautions to ensure that whatever third-party content you use is free of viruses or other items of a destructive nature.
SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from this Web Site or from a mobile App Store (”Software”) is the copyrighted work of Odesso and/or of Third Party Providers. Use of the Software is governed by the terms of the end-user license agreement that accompanies or is included with the Software (”License Agreement”). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the unauthorized copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with these Terms or the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, ODESSO HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
RESTRICTED RIGHTS LEGEND
Any Software which is downloaded from the Web Site for or on behalf of the United States of America, its agencies, and/or instrumentalities (”U.S. Government”), is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software — Restricted Rights clause at 48 CFR 52.227-19, as applicable. The manufacturer is Odesso, Inc., 5813 N 7TH STREET SUITE 160 PHOENIX, AZ 85014. SUBMISSIONS Except where expressly provided otherwise by Odesso, all comments, forum posts, feedback, information, or materials submitted to Odesso through or in association with this Web Site (”Submissions”) shall be considered non-confidential and property of Odesso. By providing such Submissions to Odesso, you agree to assign to Odesso, at no charge, all worldwide rights, title and interest in copyrights, and other intellectual property rights to the Submissions. Odesso shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide and that you, not Odesso, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality, and copyright. Terms and Conditions
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY ODESSO, THE MATERIALS ON THE WEB SITE ARE PROVIDED “AS IS” AND ODESSO HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. ODESSO MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
LIMITATION OF LIABILITY
ODESSO SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL ODESSO BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION OR MATERIALS AVAILABLE FROM THIS WEB SITE, EVEN IF ODESSO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST ODESSO FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD ODESSO, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS IN INTEREST, EMPLOYEES, AGENTS, AFFILIATES AND SUBSIDIARIES HARMLESS FROM, AND YOU COVENANT NOT TO SUE ODESSO FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE AND/OR MATERIALS.
ODESSO PRESS RELEASES
Forward-looking statements in Odesso press releases on this Web Site are made pursuant to the safe harbor provisions of Section 21E of the Securities Exchange Act of 1934. Investors are cautioned that statements in such press releases which are not strictly historical statements, including, without limitation, statements regarding current or future financial performance, management’s plans, and objectives for future operations, product plans, and performance, management’s assessment of market factors, as well as statements regarding the strategy and plans of Odesso and its strategic partners, constitute forward-looking statements which involve risks and uncertainties. For a detailed description of the risk factors associated with Odesso, please refer to the risks detailed in the company’s filings with the Securities and Exchange Commission, including the company’s Annual Report, Form 10-K, and 10Q on file with the SEC. Odesso assumes no obligation to Terms and Conditions update any forward-looking information contained on this Web Site or with respect to the announcement described herein.
INTELLECTUAL PROPERTY NOTICES
Odesso, the Odesso logo, and other Odesso product names referenced in the Materials and on the Web Site are trademarks of Odesso, Inc. and/or one of its subsidiaries, and may be registered in the United States Patent and Trademark Office and in other countries. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Odesso respects the intellectual property rights of others. Odesso may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others. If you believe your work has been copied and is accessible on the Web Site in a way that constitutes copyright infringement, or that the Web Site contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing the following information to our copyright agent pursuant to the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512: 1. Your name, address, email address, and telephone number; 2. The copyrighted work that you claim has been infringed; 3. The allegedly infringing material (including the URL); 4. A statement that declares under the penalty of perjury that (a) you are the owner of the copyright interest at issue, or you are authorized to act on behalf of the owner, (b) you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law, and (c) the information in your notice is accurate; and 5. Your signature (physical or electronic). Our agent for notice of claims of copyright infringement related to our products or our Web Site can be reached as follows:
ATTN: Legal Odesso, Inc. 5813 N 7TH STREET SUITE 160 PHOENIX, AZ 85014
By Telephone: 310-860-6017
By Email: email@example.com
Any action related to these Terms will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
LEGAL CONTACT INFORMATION
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact the Odesso Legal Department by emailing firstname.lastname@example.org