Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using www.zocular.com website (the "Service" “Site”) operated by Okra Limited ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, Zocular Professionals, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Okra Limited has the right but not the obligation to add, alter, or delete products or services to this Site. By using any services or products, including new products or services, on this Site, you agree to be bound by these Terms, in addition to any other applicable agreements.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You acknowledge and agree that Okra Limited is the exclusive owner of Zocular® LLC and its trademarks, content, designs, data, computer codes, ideas, and other related intellectual properties. You may not use Okra Limited intellectual properties without our expressed written consent.
You agree and acknowledge that the services and any underlying technology or software used in connection Site contain proprietary information belonging to Okra Limited. You may only use Site for personal, non-commercial purposes only. Absolutely no intellectual property rights are afforded or transferred to you by your use of Site. You may NOT copy, distribute, re-publish, sell, or exploit any of the content of Site in part or in whole for any commercial purpose.
NOT to transmit any advertisement or promotional material such as “junk mail”, “spam”, or other non-requested information or solicitation.
NOT to impersonate Zocular or its employee or agent by any means including but not limited to aliases, email addresses, phone numbers.
NOT to employ any automated computer algorithm, “spiders”, or device to access Site for any reason other than personal use according to the Terms of Service.
NOT to hack, disable or engage in any activity that will produce any deleterious effects to or with the Site.
NOT to display or post on the Site that in any way infringes on copyrighted material or trademarks.
NOT to provide false, misleading, deceptive, or inaccurate information.
NOT to misuse any of the services provided on Site.
NOT to create false accounts using false credentials and information.
Site at its sole discretion will determine whether you have engaged in prohibited conduct or have violated these Terms of Service. This determination will be final and unreviewable, and you waive any and all rights you may have to challenge any decision made. Site may, under applicable laws, take any and all necessary legal actions or implement technical changes to address any violation of the provisions contained herein and to enforce the Terms.
Okra Limited respects the intellectual property rights of others and expects all Website users and Okra Limited partners to respect the intellectual property rights of Okra Limited and third parties. Repeated infringement of intellectual property rights, or other violations of these terms, may result in the termination of accounts and/or denial of access to particular users. If you believe that something posted within the Website environment is infringing a copyright or other intellectual property right of yours or of a third party, or if you believe the posting or publication is in violation of any other law or legal duty, then please provide notice to Okra Limited at the address provided below, including the information specified below:
Address for Notice:
739 James St
Tomball, TX 77375
or send an email to email@example.com
A concise description of the offending material, including a sufficient description of its location within the Website environment to allow it to be identified and located. A concise description of the problem or issue. Your contact information, including mail, phone, and e-mail. If the issue pertains to infringement of copyright or other intellectual property rights, your notice to us must also include the following: a physical or electronic signature of the person authorized to act on behalf of the rights owner a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
You agree to indemnify, defend and hold harmless Okra Limited and each of their officers, directors, shareholders, employees, partners, sponsors, agents, attorneys, representatives, subsidiaries, affiliates, successors and assigns collectively “Affiliated Parties” from all liabilities, losses, damages, claims and expenses, including reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to your breach or violation of this Agreement, your use of the Site, your use of Zocular Professional Webstores, any transactions or other activities you engage in with any third party service providers or affiliates, your infringement of third party intellectual properties, your willful misconduct or negligence. If you fail to promptly indemnify and defend such claims, Okra Limited shall have the right to defend itself and you shall be responsible for reimbursing Okra Limited, including all its reasonable attorney fees, settlements, and awards related to settling or defending against such claims within 30 days of Okra Limited written request for indemnification.
To the maximum extent permitted by law, you agree to hold Okra Limited and its associated affiliates not liable for any direct, indirect, incidental, punitive, consequential, or exemplary damages, including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic claims arising out of or in connection with the Site or any products or services, even if Okra Limited or any of its affiliates have previously been advised of, or reasonably could have foreseen the possibility of such damages, however they arise, whether in breach of contract or in tort, including and without limitation damages due to a) use or the inability to use the site or its services b) the cost of obtaining substitute goods or services c) discontinuation of products or services d) loss of data e) inability to obtain or received data, messages, or information to and from Site f) fraudulent transactions g) malicious or criminal behavior.
In the event there is a dispute with Okra Limited or one or more third parties as a result of your use of Site or services, you agree not to sue or otherwise make a claim, demand, or file any legal action or start any regulatory proceedings against Okra Limited, its officers, affiliates, directors, employees, agents, suppliers, or representatives for any claims, actions, demands, or damages, whether direct or indirect, special or incidental, of whatever kind or nature, known or unknown, foreseeable or unforeseeable, disclosed or disclosed.
SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU UNDERSTAND AND AGREE THAT THE INFORMATION AND SERVICES ON THIS SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SITE HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE PROVIDED OR PURCHASES OF PRODUCTS VIA THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE HAVE IMPLEMENTED MEASURES TO PROVIDE SECURITY FOR COMMUNICATIONS FROM YOU TO OKRA LIMITED/ZOCULAR VIA THIS SITE AND MAY HAVE REFERRED TO SUCH COMMUNICATION AS “SECURED”, OKRA LIMITED CANNOT AND DOES NOT PROVIDE ANY GUARANTY OR WARRANTY OF SUCH SECURITY.
Site does NOT provide medical advice or services. All information on Site is strictly informational. Do not use this Site as a substitute for professional medical advice, information, diagnosis, care, or treatment with your healthcare provider. No doctor patient relationship is created by using the Site. No confidential, private, or privileged relationship is established or exists by using this Site, and no duties or obligations arising from such relationship are incurred. Site makes no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work of any Zocular Professional associated with this Site.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Okra Limited. Site has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Okra Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
These Terms shall be governed and construed in accordance with the laws of the United States in the State of Texas. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to amend or replace these Terms without liability to you or any third party by posting these Terms on the Site. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, do not use our Service.