Terms of Use

WEBSITE TERMS OF USE AGREEMENT

OKTOBER LLC (hereinafter referred to as “OKTOBER”) WELCOMES YOU TO OKTOBERDESIGN.COM (“SITE” OR “WEBSITE”).  WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE (“AGREEMENT”).  BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS AND AGREE TO BE BOUND BY THEM.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.  

 

USE OF SITE

This Website is provided solely for the use of current and future customers of Oktober to provide you with information about our company, our products, and services; to permit you to place orders for our products and services; and to enable you to contact us with any questions or comments that you may have.  Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate anything which:

i. is offensive or promotes racism, bigotry, obscenity, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature; 

ii. bullies, threatens, harasses or advocates stalking, bullying, or harassment of another person; 

iii. involves the transmission of any advertisement, solicitation, “junk mail”, “spam,” “chain letters,” or unsolicited mailing; 

iv. promotes, encourages, endorses, or furthers any illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous; 

v. promotes, copies, performs, uses, or distributes any material subject to copyright, trademark, trade secret, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so; 

vi. is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); 

vii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses, replicating computer programs, and destructive and other harmful code; 

viii. solicits, uses, or discloses personally identifying information of others, including passwords for commercial or unlawful purposes; 

ix. contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, corrupt code, or similar software; 

x. contains otherwise unlawful information; 

xi. is false or misleading; 

xii. links to any of the prohibited content described in paragraphs i. – xi. immediately above; or 

xiii. otherwise violates the terms of this Agreement, is unlawful, or creates liability for Us.

 

SITE CONTENT AND OWNERSHIP

The information and content contained on this site, including all images, designs, photographs, videos, writings, graphs, data, and other materials (together collectively “Materials”) are the property of Oktober and are protected by copyrights, trademarks, patents, trade secrets, or other proprietary or intellectual property rights.  Permission is granted to you to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above and for no other reason or purpose. You must retain all copyright and other proprietary notices on all copies of the Materials. You shall comply with all copyright laws worldwide in your use of this Website and you shall prevent unauthorized copying of the Materials.  Except as provided in this Notice, Oktober does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

 

DISCLAIMER OF WARRANTY

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS.  

NEITHER OKTOBER, NOR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (TOGETHER COLLECTIVELY “PROVIDERS”), OR THE LIKE, MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE.  

THE MATERIALS MAY CONTAIN ERRORS, OMISSIONS, INACCURACIES, OR OUTDATED INFORMATION. FURTHER, OKTOBER DOES NOT WARRANT RELIABILITY OF ANY STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE.  OKTOBER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. OKTOBER MAY MAKE ANY OTHER CHANGES TO THIS SITE, THE MATERIALS AND THE PRODUCTS, SERVICES, OR PRICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OKTOBER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, SUITABILITY, ACCURACY OR COMPLETENESS OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  

WE FURTHER MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (iii) THE SITE WILL BE COMPATIBLE WITH YOUR ELECTRONIC EQUIPMENT, COMPUTERS, NETWORKS, MOBILE DEVICES, ETC., OR (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, DESIRED, OR RELIABLE. 

YOU SHALL BE RESPONSIBLE FOR YOUR OWN TECHNOLOGY.  WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITIES RELATING TO, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGES AND LOSS INCURRED BY YOU WHICH OCCURS DIRECTLY, OR STEMS FROM, YOUR TECHNOLOGY, TECHNOLOGICAL KNOW-HOW (OR LACK OF), HARDWARE, SOFTWARE, ELECTRONIC EQUIPMENT, COMPUTERS, COMPUTER SYSTEMS, MOBILE DEVICES, AND NETWORK SYSTEMS.    

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

 

LIMITATION OF LIABILITIES

YOU AGREE THAT OKTOBER AND ITS PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DAMAGE, LOSS, EXPENSE, OR FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, LOSS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY FEES) OF ANY KIND WHATSOEVER ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.  IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL OKTOBER OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER OKTOBER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Oktober and its Providers from and against any and all claims, losses, costs, demands, and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

 

PRIVACY POLICY

Click here to access the Privacy Policy governing the use of information that Oktober obtains from you through your use of this Website.

 

LIMITATIONS ON CLAIM

Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.

 

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you are accessing, viewing, or using this Site.  Without limiting its other remedies, Oktober may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.

 

NO DISRUPTION OR INTERFERENCE BY YOU

You will not: 

i. interfere with, disrupt, impair, or create an undue burden on the Site, or the networks or services connected to the Site; 

ii. introduce software or automated agents, including mechanical, programmatic, robotic, or scripted, to the Site, or access the Site so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Site; 

iii. interfere with, disrupt, modify, reverse engineer, or tamper with any data or functionality of the Site; 

iv. use the Site in a manner which could damage or disable the Site, 

v. interfere with any other party’s use and enjoyment of the Site, or

vi. obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site. 

Each of the above actions identified immediately above in paragraphs i. – vi. immediately above are strictly prohibited.

 

HYPERLINK DISCLAIMERS

As a convenience to you, we may provide links on this Site to websites operated by other third-party entities (“Linked Sites”).  If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.  Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Oktober. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Oktober.  Oktober does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Oktober. Links do not imply that Oktober or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Oktober or any of its affiliates or subsidiaries.  Except for links to information authored by Oktober, Oktober is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Oktober reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.

 

CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS

This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, United States of America, without reference to its conflict-of-law provisions.  Oktober makes no representation that the materials are appropriate or available for use outside the United States of America. If you access this site from outside the United States of America, you will be responsible for compliance with all laws of your local governing body, state, province, territory, and country.  You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Kent County, Michigan for any disputes with Oktober arising out of your use of this site.

 

DEFINITIONS

As used throughout this Agreement and Privacy Policy, the terms “Oktober,” “we,” “us,” or “our” shall refer to Oktober LLC, its officers, directors, members, managers, employees, members, agents, subsidiaries, and affiliates.  Likewise, when used throughout this Agreement, the term “oktoberdesign.com,” “Site,” or “Website” shall refer to the home page of oktoberdesign.com, as well as any and all subpages, gallery pages, category pages, index pages, landing pages, subsection pages, or any other page, regardless of terminology, that sit beneath or attached to oktoberdesign.com.

The terms “you,” “your,” “user,” or “users” as used in this Agreement shall refer to any individual or any entity who accesses, views, or uses this Site.

 

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this Website, including but not limited to any consent you give to receive communications from Oktober solely through electronic transmission.  You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, voice demand, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

 

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between Oktober and you with respect to this Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Oktober with respect to this Website.  A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

MODIFICATIONS TO AGREEMENT

We may revise this Agreement at any time without notice and you agree to be bound by the revised Agreement.  Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions.  Oktober does not, and will not, assume any obligation to notify you of changes to this Agreement.

 

Revised February 1, 2020. Copyright © 2020, Oktober LLC. All Rights Reserved.