Terms of Use
Last Updated: June 13, 2023
Oktopost Technologies, Inc., its affiliates such as its subsidiaries, its parent companies, or other controlled entities ("Oktopost", "we" or "us") provide this website or any other related website, your use of and access to it, or any other service provided through it (the "Website") to you subject to these terms and conditions of use and Oktopost’s Privacy Policy (collectively the "Terms").
Please read these Terms carefully before accessing or using the Website. By accessing or using the Website you agree to be legally bound by these Terms and all terms, policies, and guidelines incorporated by reference in these Terms.
These Terms shall not apply to Oktopost’s customers, users, website visitors, or others who use the Oktopost platform, application or other service provided by Oktopost (the “Oktopost Service”), who access the Oktopost Service under an account, subscription, or other forms of access (“Registered Users”), enabled due to any order form, service agreement, or other executed agreements with Oktopost (the "Service Agreements"). Registered Users’ use of the Oktopost Service shall be subjected solely to the Service Agreements, and nothing herein shall be construed as a waiver, amendment, or an agreement to any right or obligation under the Agreements. If you are a Registered User of the Oktopost Service, please refer to your applicable Service Agreement signed with Oktopost.
1. Amendments
Oktopost reserves the right to change or modify any of the terms and conditions contained in these Terms or in our Privacy Policy, or any policy or guideline of the Website, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on these Terms, and your continued use of or access to the Website after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated herein to understand the terms and conditions that apply to your use of or access to the Website. The last amendments will be reflected in the "Last updated" heading. If you have any questions about the Terms, please email us at: info@oktopost.com.
2. Privacy Policy
Please refer to the Oktopost Privacy Policy, for information on how Oktopost collects, uses, and discloses personally identifiable information from its users. The terms of the privacy policy are incorporated herein by reference and any information shared with us shall be governed by it.
3. Form Submissions
While using or accessing the Website, you may voluntarily provide us your information, either personal or not, using a form submission. The information provided shall be governed by the privacy policy and shall be retained in accordance. You hereby agree and warrant that: (i) that all information provided to Oktopost is information you can rightfully share, and does not include any offensive materials; (ii) the information provided is true, accurate, relevant to the Website, and does not include any malware, viruses, worms, or any other harmful software; (iii) the information you provide us with does not infringe any third-party intellectual property rights; (iv) while using or accessing the Website you hereby comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, and other regulatory requirements.
4. Ownership, Copyright and Trademarks
In these Terms the content on the Website, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called "Content". All Content and all software available on the Websiteor used to create and operate the Websiteis the property of Oktopost or its licensors, and is protected by international copyright and intellectual property laws, and all rights to the Website, the Content and software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Oktopost. Oktopost collects certain information and data during the normal operation of the Website. The information and data collected through the operation of the Website is the property of Oktopost. To the extent you share with us any information, content, data, or any form of intellectual property, you hereby grant Oktopost, subject to applicable law, a world-wide, non-revocable, royalties-free, to retain or use on Oktopost’s sole discretion, said content without any other limitation or notice.
5. Our Limited License of Content to You
Oktopost grants you a limited, revocable, non-exclusive, license to access and use the Website and to view, copy and print the portions of the Content available to you on the Website. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Website or the Content, or reproduce, distribute or display the Website or any Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by Oktopost at any time. You represent and warrant that your use of or access to the Website and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. To request permission for uses of Content not included in this license, you may contact Oktopost at the address identified at the bottom of these Terms.
6. Links to Other Sites
The Website contains links to third-party Websites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. or You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. Links to third-party articles and/or websites are for general information purposes only and do not constitute any offer or solicitation to buy or sell any services or products of any kind. Oktopost does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Oktopost provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Oktopost's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. When you leave the Website, our terms and policies are no longer applicable.
7. Warranty Disclaimer
THE WEBSITE AND THE CONTENT PROVIDED BY OR MADE AVAILABLE IN CONNECTION WITH THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES FROM OKTOPOST OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE WEBSITE IS UNDER YOUR OWN RESPONSIBILITY, FOR A LAWFUL PURPOSE ONLY AND UNDER THE PROVISIONS OF THESE TERMS HEREN. OKTOPOST EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OKTOPOST DOES NOT REPRESENT OR WARRANT THAT CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE WEBSITE, THE CONTENT OR ANY PORTION THEREOF. While Oktopost attempts to make your access to and use of the Website are safe, Oktopost does not represent or warrant that the Website or any Content are free of viruses or other harmful components.
8. Limitation of Liability; Indemnity
YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST OKTOPOST, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE "RELEASED PARTIES") ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE WEBSITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD-PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE WEBSITE. YOU USE OR ACCESS TO THE WEBSITE AT YOUR OWN RISK.
Without limitation of the foregoing, neither Oktopost nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Website or the Content, including without limitation any damages caused by or resulting from your reliance on the Website or other information obtained from Oktopost or any other Released Party or accessible via the Website, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Oktopost or any other Released Party's records, programs or services. To the maximum extent under applicable law, in no event shall Oktopost bear any liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Website . Nothing in these Terms shall limit our liability in any claim for fraud or fraudulent misrepresentation. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Website, exploitation of any advertising or other materials distributed in connection therewith, or exploitation of the Website or any content or other material used or displayed through the Website and agree to limit your claims to claims for monetary damages within the limits identified in this Agreement. You shall defend, indemnify and hold harmless Oktopost and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Website.
9. Applicable Law and Venue
Oktopost and you explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website will be governed by the laws of the State of New York and the federal laws applicable therein, and any dispute which may arise in connection with its validity, interpretation, or performance shall be subject to the exclusive jurisdiction of the competent courts of New York. If you choose to use or access the Website from locations other than New York, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Oktopost and the other Released Parties for your failure to comply with any such laws.
10. Termination/Modification of License and Website Offerings
Notwithstanding any provision of these Terms, Oktopost reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate any license given to you under these Terms; (b) block or prevent your future access to and use of all or any portion of the Website or Content; (c) change, suspend or discontinue any aspect of the Website or Content; and (d) impose limits on the Website or Content.
You acknowledge that from time to time Oktopost may apply updates to the Website and that such updates may result in changes in the appearance and/or functionality of the Website (including the addition, modification, or removal of functionality, features, or content). Excluding the addition of wholly new products, Oktopost shall provide, implement, configure, install, support, and maintain at its own cost any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to the Website.
11. Miscellaneous
Minors under the age of 16 are not eligible to use the Website, submit forms, share personal information with Oktopost, or any other engagement in the Website.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Oktopost may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Oktopost, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Oktopost regarding your use of or access to the Website, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Oktopost regarding your use of or access to the Website. The section titles in these Terms are for convenience only and have no legal or contractual effect. If a court of competent jurisdiction determines that any provision of these Terms is invalid, unlawful, void or unenforceable, that provision shall be modified or severed to the maximum extent permitted by law; however, any and all other provisions shall remain valid and be given full force and effect in a valid and enforceable manner to accomplish the purposes of these Terms.
12. Questions and Comments
If you have any questions regarding these Terms or your use of the Website, please contact us.