Terms & Conditions
Updated Sep 21, 2021
Updated Sep 21, 2021
1.1 www.IronOx.com (our “Site”) is provided by Iron Ox, Inc. (referred to hereinafter as “Iron Ox”, “we”, “our”, “us”). We are a company incorporated in Delaware with a registered office at 955 Terminal Way, San Carlos, CA 94070-3224 United States.
1.2 These Terms and Conditions of Site Use (“Agreement”) constitute the agreement between you, the end user (“you”, “your”), and Iron Ox regarding your use of the Site, regardless of the manner that you access or use the Site.
2. ACCEPTING THIS AGREEMENT
2.1 If you want to use this Site, you must carefully read this Agreement, because it constitutes a written contract between you and Iron Ox and it affects your legal rights and obligations. Each time you access and/or use the Site, you agree to be bound by and comply with this Agreement.
2.2 Do not use the Site if you do not agree to all of the terms of this Agreement.
3. DISCLAIMER RELATING TO CONTENT
3.1 The content on the Site is provided for general information only.
3.2 Iron Ox aims to provide high quality content, but we do not ensure that the information on this Site is correct, complete, or accurate. Iron Ox is not responsible for any perceived false, misleading, incomplete, inaccurate, or otherwise defective content. Content is provided for informational purposes only, and Iron Ox is not responsible for any reliance upon content by you or other users, or by any third party.
4. UPDATES TO OUR SITE AND AVAILABILITY
4.1 We aim to update our Site regularly and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. We may remove material from our Site at our own discretion and without giving any notice. We do not promise to ensure that the Site remains available or that the material on the Site is kept up to date.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the Site content, software and all HTML and other code contained in our Site shall remain at all times vested in Iron Ox and/or its licensors and is protected by copyright and intellectual property and other laws. All intellectual property rights are reserved.
5.2 The Site and its contents are copyright material, and the copyright is owned by Iron Ox unless stated otherwise. Without limiting the foregoing, copying the above listed materials to any other server or location for publication, reproduction or distribution is expressly prohibited. Generally speaking, trademarks appearing on the Site are either owned by Iron Ox or Iron Ox has obtained limited permission from the trademark owner to use the trademark on the Site. Any other third party trademarks remain the property of their respective owners. Iron Ox is a registered trademarks, and you are not permitted to use without our approval.
5.3 If you wish to obtain permission to make use of any of the copyrights, trademarks or other rights or material that may be displayed on the Site from time to time please contact us at firstname.lastname@example.org. Iron Ox shall not be responsible for seeking any additional authorization required for third party use of any trademark not owned by or licensed to Iron Ox for such use.
5.4 Your unauthorized use of intellectual property rights owned by Iron Ox or its licensors may violate copyright, trademark, privacy, publicity, communications, and other laws which may result in personal liability for you, as well as potential criminal liability.
6. IRON OX INFORMATION
6.1 As part of the Site, you may be permitted to download certain digital content such as (without limitation) information about our products or our blogs, written articles, information, research and information about upcoming events or trade shows where Iron Ox will be in attendance (“Iron Ox Information”).
6.2 We reserve the right, with or without prior notice and in our sole and complete discretion, to discontinue, modify, or limit the available quantity of any Iron Ox Information or to limit or prohibit their download or use.
7.1 Linking to third party sites. The Site may provide links to other websites operated by third parties who are not related to, affiliated with, or endorsed by Iron Ox. These links are provided for your information only. We have no control over the contents of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7.2 Linking to our Site. You may link to our Site, provided you do so in a way that is fair and legal, is non-deceptive and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
9. YOUR USE OF OUR SITE
9.1 You are responsible for making all arrangements necessary for you to have access to our Site. You also are responsible for ensuring that all persons who access our Site through your internet connection are aware of this Agreement, and that they comply with it.
9.2 License Grant. Subject to your compliance with this Agreement, Iron Ox hereby grants to you a worldwide, revocable, royalty-free, non-assignable, non-sub-licensable, non-transferrable, and non-exclusive license to use the Site (the “Site License”). The Site License is granted to you for the sole purpose of enabling you to use and enjoy the Site in accordance with this Agreement. As set forth below, the Site License does not provide you with title to or ownership of the Site (or any component thereof), but only a limited license to use the Site in accordance with this Agreement and subject to the use restrictions described herein.
9.3 Your use of our Site is subject to this Agreement and applicable laws and regulations. You may not:
(a) use our Site if you are not fully able and legally competent to agree to this Agreement;
(b) use our Site unless in compliance with applicable laws and this Agreement;
(c) modify, translate, adapt, disassemble, decompile, reverse engineer, or create any derivative works based on our Site (or any portion thereof), including any files, documentation or tables or determine or attempt to determine any source code, methods, techniques or algorithms embodied in the Site or any derivative works thereof;
(d) distribute, license, transfer or sell, in whole or in part, any of the Site or any derivative works thereof;
(e) market, lease or rent the Site (or any part thereof) for a fee or charge, or use the Site to advertise or perform any commercial solicitation;
(f) interfere with or attempt to interfere with the proper functioning of the Site (or any part thereof), disrupt any networks connected to the Site (or any part thereof), or bypass any measures we use or may use to prevent or restrict access to the Site (or any part thereof);
(g) use automated scripts to collect information from or interact with the Site (or any part thereof) in any way;
(h) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from us or our Site;
(i) use the Site (or any part thereof) in a manner that may create a conflict of interest or undermine the purposes of the Site; or
(j) use the Site (or any part thereof) to upload, transmit, distribute, store or otherwise make available in any way:
(i) files that contain viruses or other material that is malicious or harmful;
(ii) any material which does or may infringe any copyright, trademark or intellectual property rights of any other person;
(iii) defamatory, obscene, offensive, hateful or inflammatory material;
(iv) any content that would constitute or encourage a criminal offence; or
(v) content that, in the sole judgment of Iron Ox, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose us or our users to any harm or liability of any type.
9.4 You understand, acknowledge, and agree that any violation of the foregoing provisions may in our sole discretion and judgment lead to our terminating any business relationship with you and/or may subject you to criminal liability and/or liability for damages, costs, expenses, or fees (including attorney’s fees) incurred by Iron Ox in enforcing its rights against you under this Agreement.
10.1 You shall indemnify and hold harmless Iron Ox, its subsidiaries and affiliates and each of their respective officers, directors, employees, agents, and representatives from any and all claims, liabilities costs and expenses, including but not limited to, attorneys’ fees and expenses arising as a result of any breach by you of any of the terms of this Agreement or arising out of a breach of your obligations, any representation you make or warranties you provide under this Agreement. You shall reimburse Iron Ox for its expenses under this Section as they are incurred.
10.2 You agree that where a breach of this Agreement will cause irreparable injury to Iron Ox for which monetary damages would not be an adequate remedy, Iron Ox shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
11. LIMITATION OF LIABILITY
11.1 You accept that our Site is offered on an “as-is” and “as available” basis. Iron Ox takes every reasonable precaution and care in relation to our Site but we do not warrant that the provision of the Site or material displayed on it will be uninterrupted, timely, secure or error-free, that defects will be corrected or that this Site is free of software viruses or bugs or other defects.
11.2 To the extent permitted by law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
11.3 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. To the extent permitted by applicable law, our total aggregate liability to you for all and any damages, losses or causes of action arising, by reason of or in connection with your use of our site, shall be limited to $1000 USD.
11.4 Nothing in this Agreement will limit or exclude our or your liability (i) for death or personal injury; (ii) for fraud or fraudulent misrepresentation; or (iii) in any way that is not permitted under applicable law.
12. GOVERNING LAW AND JURISDICTION
12.1 This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of California.
12.2 Iron Ox and you agree that the courts of California will have exclusive jurisdiction without regard to choice of law principles.
12.3 The foregoing Section 12.2 will not apply to any legal action taken by Iron Ox to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any threatened or potential loss, cost, or damage) relating to the Site, Iron Ox’s intellectual property rights, Iron Ox’s operations, and/or Iron Ox’s products or services.]
13. GENERAL PROVISIONS
13.1 Variation. Ouster reserves the right to amend this Agreement at any time. Any changes we make to this Agreement will be posted on this page. We recommend that you review this Agreement from time to time as any changes we make will be binding on you.
13.2 Severability. If any provision in this Agreement is ruled invalid, unlawful, void or unenforceable by a court of competent jurisdiction, that provision will be removed from this Agreement without it affecting the rest of the Agreement and the remaining provisions of this Agreement will continue to be valid and enforceable.
13.3 Interpretation. You and Iron Ox agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of this Agreement.
13.4 Security. We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer program and platform to access our Site. You should use your own virus protection software.
13.5 No Waiver. No failure or delay by you or Iron Ox in exercising any rights or remedies under this Agreement will operate as a waiver of that or any other right or remedy.
13.6 No partnership or joint venture. This Agreement shall not be construed as creating a partnership, joint venture, franchise or agency relationship between you and Iron Ox.
13.7 Entire Agreement. This Agreement constitutes the whole legal agreement between you and Iron Ox and governs your use of the Site and completely replaces any prior agreements between you and Iron Ox in relation to the Site.