Use of the Old Orcutt Merchants Website
Except as set forth in “Other agreements; software, services or access”, below, OOMA authorizes you to use the OOMA Website only for your own personal, non-commercial purposes. Use of the OOMA Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and OOMA, OOMA owns the OOMA Websites. The OOMA Websites is protected under United States and international copyright laws. Any unauthorized use of the OOMA Websites may violate copyright, trademark, and other laws.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the OOMA Websites and for paying all charges related thereto. When you register to open an account anywhere on the OOMA Websites, or when you contact OOMA through the OOMA Websites for the purpose of receiving products or services, OOMA may collect certain personal information about you. OOMA’s use of such information is governed by the provisions of the OOMA Online Privacy Statement for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your OOMA Websites account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your OOMA Websites password and you are solely responsible for all activities that occur under your password. You agree to notify OOMA immediately of any unauthorized use of your password or any other breach of security related to the OOMA Websites. OOMA reserves the right to require you to change your password if OOMA believes that your password no longer is secure. Access to OOMA Websites granted under other separately executed agreements by OOMA and You shall supersede the terms contained in this Section.
You agree not to use the OOMA Websites (including, without limitation, any Materials or Services you may obtain through your use of the OOMA Websites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the OOMA Websites or servers or networks connected to the OOMA Websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the OOMA Websites; or (y) attempt to gain unauthorized access to any portion of the OOMA Websites or any other accounts, computer systems, or networks connected to the OOMA Websites, whether through hacking, password mining, or any other means.
Except as set forth in “Other agreements; software, services or access”, below, OOMA may terminate, suspend, or modify your registration with, or access to, all or part of the OOMA Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the OOMA Websites at any time. If you breach any of these Terms, your authorization to use the OOMA Websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
THE OOMA WEBSITES IS PROVIDED "AS IS" AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE OOMA WEBSITES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT OOMA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. OOMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE OOMA WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OOMA MAKES NO WARRANTY THAT THE OOMA WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE OOMA WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE OOMA WEBSITES WILL BE CORRECTED. OOMA MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OOMA WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE OOMA WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE OOMA WEBSITES OR FROM OOMA, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE OOMA PARTIES”) SHALL CREATE ANY WARRANTY. OOMA DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of liability
IN NO EVENT WILL ANY OF THE OOMA PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE OOMA WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE OOMA WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY OOMA PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any OOMA Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the OOMA Party’s liability shall be the minimum permitted under such applicable law.
Modifications to OOMA Websites
OOMA reserves the right to modify, suspend, or discontinue the OOMA Websites at any time without notice to you. For example, OOMA may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and OOMA makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country. Consult your local OOMA business contact for information regarding the products, programs, and services that may be available to you.
Certain areas of the OOMA Websites (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to OOMA an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that OOMA deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technol ogy, product, or service). OOMA reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. OOMA may, but is not obligated to, pre-screen User Submissions or monitor any area of the OOMA Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. OOMA is not required to host, display, or distribute any User Submissions on or through the OOMA Websites and may remove at any time or refuse any User Submissions for any reason. OOMA is not responsible for any loss, theft, or damage of any kind to any User Submissions. OOMA does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that OOMA will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. OOMA does not guarantee that you will have any recourse through OOMA or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
(a) you are at least 13 years old;
(b) you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to OOMA the rights in your User Submissions described herein;
(c) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
(d) you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to OOMA described herein;
(e) your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
(f) you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
(g) any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
(h) your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
(i) your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
(j) you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
(k) your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
(l) your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
(m) your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
(n) your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Links to third-party websites
Links on the OOMA Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the OOMA Websites. OOMA is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, OOMA does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the OOMA Network, you do this entirely at your own risk.
Linking to this Site
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Absent OOMA’s written authorization otherwise, a website that links to this Site:
(a) may link to, but shall not replicate, any Materials (including any OOMA logo);
(b) shall not create a browser or border environment around any Materials;
(c) shall not imply that OOMA endorses such website or any products, services, or content available through such website;
(d) shall not misrepresent its relationship with OOMA;
(e) shall not present false or misleading information about OOMA, its products, or its services;
(f) shall not contain content that could be construed as distasteful, offensive, or controversial; and
(g) shall contain only content that is appropriate for all age groups.
Any product or service name or slogan or logo contained in the OOMA Websites are trademarks of OOMA and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of OOMA or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with OOMA or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of OOMA without OOMA’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of OOMA and may not be copied, imitated, or used (in whole or in part) without OOMA’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by OOMA.
OOMA respects the intellectual property rights of others. Accordingly, OOMA has a policy of removing User Submissions that violate copyright law, suspending access to the OOMA Websites (or any portion thereof) to any user who uses the OOMA Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the OOMA Websites in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, OOMA has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the OOMA Websites, please provide written notice to the following OOMA agent for notice of claims of infringement:
These Terms, together with any additional terms to which you agree when using particular elements of the OOMA Websites, constitute the entire and exclusive and final statement of the agreement between you and OOMA with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and OOMA with respect to such subject matter. The OOMA Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and OOMA shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the OOMA Websites shall be brought in the Federal or State courts located in Santa Barbara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of OOMA to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of OOMA and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the OOMA Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or OOMA. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OOMA without restriction.
Modifications to these Terms
OOMA may, in its sole and absolute discretion, change these Terms from time to time. OOMA will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the OOMA Websites. Continued use of the OOMA Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the OOMA Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
Revised September 2010