EFFECTIVE DATE: OCTOBER 1, 2022
General Rules of User Conduct
It is our goal to make the use of our website and Services a good experience for all of our users. As such, by using our website and/or Services you agree not to do any of the following:
conduct or promote any illegal activities while using the website or Services;
post on or through the website, or transmit to any other user or OBE employee, agent, or representative, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material;
post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
post, distribute, or reproduce any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights and rights of privacy and publicity).
attempt to reverse engineer or jeopardize the correct functioning of the website or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies our website;
attempt to gain access to secured portions of the website or Services to which you do not possess access rights;
upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
use any automatic or manual process to search or harvest information from the website or Services, or to interfere in any way with the proper functioning of the website and Services;
send junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’; or
impersonate another user or provider.
You acknowledge that we have the right, but not the obligation, to monitor the website and/or Services and any Content submitted. To comply with legal obligations in this respect, we may take any actions, including, without limitation, removing Content or denying routing of certain data, uploads, and emails that we reasonably believe are necessary to prevent unlawful activity in connection with the website and/or Services, but have no affirmative duty to so, as the affirmative duty rests solely with you.
You expressly acknowledge and agree that OBE shall not be liable for any loss or destruction of the Content and that you shall be responsible for ensuring that you have proper backups thereof.
You acknowledge and agree your use, as well as any uploads and sharing of Content with us, is solely voluntary and at your sole risk.
Copyrights/Trademarks/Restrictions on Use
All of the pages and screens on the website are owned and controlled by OBE, except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on our website include, but are not limited to, the text, design, software, images, graphics, source code, and the content on the website. You are authorized to view the information available on the website for your informational purposes only. You may download copyrighted materials for your personal or internal business purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Except as provided herein, you may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the website for any commercial or public purpose without OBE’s prior written consent. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the website except as authorized in this paragraph. You may not use any OBE trademark as a link to our website except pursuant to a written trademark license agreement.
By posting, submitting, providing and/or otherwise making available any Content, you expressly grant, and represent that you have a right to grant, to OBE, a royalty-free, sublicensable, perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise exploit, all such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of posting Content on the OBE website, or for the use of the Content for OBE to perform the Services (and resulting product(s)); distributing such Content shall be in compliance with applicable data privacy laws. This license continues even if you stop using the website and/or Services to the maximum extent permitted by applicable laws.
You represent and warrant that you have the rights, power and authority necessary to grant the rights described in this section to Content that you submit, provide, make available or post, via the website and/or Services, that the use by OBE of Content will not violate any law or infringe the rights of any third party, and that the Content and any other information that you provide to OBE is legal, complete, legitimate, truthful and accurate.
Any communications between you and OBE, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
Links to Third Party Websites
Our website may contain links to third party websites that are not owned, operated, or controlled by OBE. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party website. By using our website or Services you expressly relieve us from any and all liability arising from your use of any third party website.
Third Party Products and Services
OBE may from time to time promote or offer services and/or products of a third party. In no event shall OBE be liable for any incidental, indirect, special, incidental, exemplary, punitive or consequential damages arising out of your purchase, inability to purchase, or use of such third party services or products.
THE SERVICES ARE OFFERED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND-WHETHER EXPRESS, IMPLIED OR STATUTORY-INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
YOU ACKNOWLEDGE THAT NEITHER OBE NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE WEBSITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE WEBSITE. OBE DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED WEBSITES OR PURCHASED VIA LINKED WEBSITES (THIS DOES NOT AFFECT ANY MANUFACTURER’S WARRANTIES THAT THE PROVIDERS OF THE LINKED WEBSITES OTHERWISE OFFER.)
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT OBE IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE WEBSITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OBE SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE WEBSITE, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE OR MOBILE DEVICE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR DEVICE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR LOSS, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER/DIGITAL VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, WHETHER CAUSED BY SOFTWARE, HARDWARE OR OTHERWISE, AND WHETHER FOR BREACH OF CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
ANY MATERIAL DOWNLOADED, UPLOADED, OR OTHERWISE PROVIDED TO OR OBTAINED FROM OR THROUGH THE USE OF OUR WEBSITE AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL. THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
Section 230 of the U.S. Communications Decency Act ("CDA") (and the equivalent or similar laws in your jurisdiction) is intended to exclude or limit the liability of online service providers such as OBE, when such online service providers provide or make available access to third party user generated content (see § 230 (c)(1) which states: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider).” The decision by OBE to remove or not post or distribute any Content, does not by itself amount to participation in the creation of such Content and, accordingly, does not constitute a waiver of the immunity afforded by the CDA.
Use by Children under the Age of 13
OBE is committed to complying fully with the Children’s Online Privacy Protection Act. Accordingly, if a user of this website is under the age of thirteen, that user is not authorized to provide us with personally identifying information. Users under the age of thirteen and their parents or guardians are cautioned that the collection of personal information volunteered by unauthorized children online or by e-mail will be treated the same as information voluntarily given by an adult until OBE becomes aware that the user is under the age of thirteen. This website is not directed at children under the age of 13. If you are younger than 13, please do not provide any personally identifying information in connection with your use of this website.
You authorize OBE to use your Content including, without limitation, a valid email address owned or controlled by you (“the User Information”) to communicate with third parties. You agree that any notices, agreements, disclosures or other communications that OBE sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
You consent to OBE’s use and disclosure of the Content solely in connection with its provision of the Services and in accordance with the terms herein.
OBE’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and OBE nor any trade practices shall be deemed to modify these Terms and Conditions.
Any reference to any legislation or legislative provision in this Agreement shall be construed as a reference to that legislation or provision as amended, re-enacted or extended at the relevant time.
Any provision that by its nature should or implicitly should survive termination, shall survive termination of the parties relationship and the Services.
Legal Disputes Subject to Arbitration, Dispute Resolution, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You agree to resolve any and all disputes with OBE as follows:
Pre-Arbitration Dispute Resolution: For any and all disputes, claims, or controversies you may have against OBE (“Disputes”), whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute informally by contacting us by email at email@example.com or mail to 100 Shoreline Hwy, Suite 295B, Mill Valley, CA 94941 with the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within forty-five (45) days after receiving your notification, then you may pursue resolution of the Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
If the Dispute has not been resolved and is not subject to the exclusions provided above, then either party may initiate binding arbitration as the sole means to resolve all Disputes, subject to the terms set forth below.
All Disputes shall be settled solely and exclusively by final and binding arbitration at the office of the American Arbitration Association located in Los Angeles, CA and pursuant to its then applicable Arbitration Rules for Commercial Disputes. The following shall supplement and, in the event of a conflict, shall govern such arbitration. The parties shall select one arbitrator from a list provided by the American Arbitration Association. The American Arbitration Association shall only list available attorneys with at least ten (10) years of experience in the practice of commercial law. In selecting the arbitrator from the list provided by the American Arbitration Association, each party shall make the selection by the striking method. Each party shall each bear all of its own costs of arbitration; provided, however, the fees of the arbitrator shall be divided equally between them. Nothing herein contained shall bar OBE’s right to obtain injunctive relief against threatened conduct that will cause it loss or damage, under the usual equity rules, including the applicable rules for obtaining specific performance, restraining orders, and preliminary injunctions.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver
The parties agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. THIS MEANS THAT YOU AND OBE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A LEAD OR REPRESENTATIVE CLASS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. HOWEVER, THE PARTIES EXPRESSLY AGREE THAT SEPARATE INDIVIDUAL ARBITRATIONS SHALL BE CONSOLIDATED, UPON REQUEST BY EITHER PARTY, IF SUCH SEPARATE INDIVIDUAL ARBITRATIONS RELATE TO OR ARISE OUT OF THE SAME OR SUBSTANTIALLY THE SAME TRANSACTION(S) OR OCCURRENCE(S). CONSOLIDATION MEANS THAT ANY AND ALL SEPARATELY INITIATED ARBITRATIONS THAT RELATE TO OR ARISE OUT OF THE SAME OR SUBSTANTIALLY THE SAME TRANSACTION(S) OR OCCURRENCE(S) ARE ALL HEARD BY A SINGLE ARBITRATOR IN A SINGLE ARBITRATION. IF EITHER PARTY REQUESTS CONSOLIDATION OF MULTIPLE ARBITRATIONS, THEN THE PARTIES TO THE CONSOLIDATED CASE(S) WILL BE DEEMED TO HAVE WAIVED THEIR RIGHT TO DESIGNATE AN ARBITRATOR AS WELL AS ANY CONTRACTUAL PROVISION WITH RESPECT TO THE SITE OF THE ARBITRATION. THE FOLLOWING FACTORS MAY BE CONSIDERED IN REQUESTING A CONSOLIDATION OF ARBITRATIONS:
The arbitrations have a common question of law or fact;
The issues in the multiple arbitrations are largely identical;
There are common claims, disputes, defenses, and relationships between or among the parties in the different arbitrations;
One or more parties is named in multiple pending arbitrations;
Consolidation will save time and resources; and
One party will be seriously prejudiced by having multiple arbitrations heard separately.
By agreeing to these terms, you are waiving your right to trial by jury or to participate in a class action. We are also waiving these rights.
Exclusions from Arbitration
Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' agreement to resolve Disputes through arbitration, either party may (1) bring enforcement actions, validity determinations or claims arising from or relating to misuse, infringement, or misappropriation of intellectual property theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights); and/or (2) seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.