Please Read Carefully Prior To Using This Website
I. Acceptance of Terms
Welcome to www.oceanresearchtech.com (the "Website"). This Website is operated by Ocean Research Technology Co., Ltd, its subsidiaries and affiliates (hereinafter "ORT"). The content on the Website is owned or licensed by ORT or owned by third parties that post on the Website through a license from ORT, but for whom ORT assumes no direct responsibility.
Please read these website terms and conditions and the Privacy Policy, contained on the Website (collectively referred to as “Terms”). User can find the current privacy policy at www.oceanresearchtech.com/privacy (the "Privacy Policy"). The Privacy Policy is hereby incorporated into these Terms by reference and constitutes a part of these Terms.
Use of this Website is governed by these Terms which constitute a legally binding agreement between User and ORT and these Terms apply to all persons who visit this Website ("Users”), regardless of the User’s level of participation. By accessing or using this Website, User acknowledges that User has read, understands and expressly and irrevocably agrees to the Terms and to abide by the Terms. In addition, User affirms that User is either more than 18 years of age, or an emancipated minor, or possesses legal parental or guardian consent, and that User is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If the User of this Website does not agree with any of these Terms, User may not, under any circumstances, utilize the Website.
These Terms list ORT’s current policies and Terms, but ORT may adjust these Terms from time to time, at ORT’s discretion, without providing any notice to User. In addition, ORT may cease all or part of the Website at any time without notice and is not obligated to retain or return any post or comment. If User objects to any such changes, User’s sole recourse shall be to cease using this Website. Continued use of the Website following the effective date of any changes shall indicate User’s acknowledgement of such changes and agreement to be bound by such changes.
II. Intellectual Property Rights
Ownership. All content, text, images, data, information and other material displayed, available or present on this Website ("Content"), including any intellectual property rights in such Content (including without limitation trademarks, service marks, trade dress and/or copyrights) or other intellectual property rights associated with the Website (hereinafter "Intellectual Property Rights"), are the property of ORT, its licensors, or designated owners and are protected by applicable intellectual property laws. User should assume that everything User sees or reads on this Website is protected work and is protected by intellectual property laws, unless otherwise noted, and may not be used without the written permission of ORT or the respective owner except as provided in these Terms.
Authorized and Prohibited Uses. User may access, use, and display this Website and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as User complies with these Terms and all applicable laws. If User violates these Terms and/or any applicable laws, User’s permission to use the Website is immediately terminated. User may not otherwise reproduce, sell, publish, distribute, modify, display, or use any Content or portion of this Website without the prior written permission of ORT; provided, however, if the functionality of the Website permits the sharing of certain Content or a link through the use of an e-mail, text messages or social media, etc., User may send that particular Content to others by that sharing method. User agrees that he/she will not infringe upon any Intellectual Property Rights or remove or modify related intellectual property and/or proprietary notices contained in this Website or the Content.
Registration and Passwords. ORT may or may not at times require a User to have a password and provide registration details to access this Website or portions of this Website. If ORT does require a password and registration details, it shall be a condition of use of this Website that all the details User provides are correct, current, and complete. If ORT believes that the details are not correct, current, or complete, ORT will have the right to refuse User access to the Website, or any of its resources, and to suspend and/or terminate User's account. User is responsible for maintaining the confidentiality of any password(s) and registration details User is given to access this Website, and User is fully responsible for all activities that occur under User's password(s) and/or registration details. User agrees to notify ORT immediately of any unauthorized use of User’s password(s) and/or registration details. ORT reserves the absolute right, in its sole discretion, not to issue an account to any person or entity.
Feedback. ORT does not accept or consider creative ideas, photographs, drawings, artwork, suggestions for new products or product improvements, suggestions for technologies, methods, techniques, processes, inventions, marketing plans, or any other feedback via its Website (“Feedback”). This policy has been established in order to avoid any possibility that any products or services developed by ORT, or its affiliates, might seem to a third-party to be similar to their own creative work. Accordingly, we respectfully request that you do not send any such Feedback.
To the extent that Feedback is sent to ORT, ORT will treat such Feedback as non-confidential and non-proprietary in each instance. ORT shall not have any obligation of confidentiality with regard to the use or disclosure of any Feedback. Feedback may be used by ORT without restriction for any purpose whatsoever, and you hereby irrevocably waive, release and give up any claim that any use of such Feedback violates any of your rights, including, without limitation, copyrights, trademarks, patents, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. ORT shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the Feedback in any and all media, now known or hereafter devised, throughout the world, in perpetuity, without according you any compensation or credit.
By providing Feedback to ORT, you represent that such Feedback is created and is original by you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity or privacy. All Feedback shall be the sole property of ORT and will not be acknowledged or returned. You agree and understand that ORT is not obligated to use any Feedback you make to ORT and you have no right to compel such use.
You hereby acknowledge and agree that your relationship with ORT is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to ORT does not place ORT in a position that is any different from the position held by members of the general public with regard to your Feedback. You understand and acknowledge that ORT has wide access to ideas, stories, designs, and other literary materials, and that new ideas are continually being developed by ORT's own employees. Many ideas may be competitive with, similar or identical to your Feedback. You acknowledge and agree that you will not be entitled to any compensation as a result of ORT's use of any such similar or identical material.
Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of ORT's actual or alleged exploitation or use of any Feedback you submit to ORT, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material.
III. User Requirements and Obligations
Compliance. User will comply with all applicable laws in connection with use of this Website.
Unsuitable Conduct. User will not engage in conduct on or in connection with this Website that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. User will not cause damage, embarrassment, or adverse publicity to ORT.
User Cooperation and Notification. User will cooperate with all reasonable requests of ORT and will notify ORT promptly upon learning of any actual or suspected breach of these Terms by User or unauthorized use or abuse of this Website.
Third Party Websites and Other Information. As a convenience to User, this Website may contain Content, links, and other information submitted by third parties over whom ORT has no control or responsibility. ORT has no obligation to monitor, control, or restrict the use of this Website or third party websites accessible via links on this Website. These other Websites are not under the control of ORT, and User acknowledges that (whether or not such Websites are affiliated in any way with ORT) ORT is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Websites. The inclusion of such a link does not imply endorsement of any Website by ORT or any association with its operators. Moreover, ORT has no obligation to verify any Content submitted by any user or third party or to provide any registration or other information to User concerning any Content.
Unauthorized Use or Access. Unless otherwise expressly authorized in these Terms, User may not take any action to interfere with the Website or any other user's use of the Website or decompile, reverse engineer or disassemble any Content or other products or processes accessible through the Website, nor insert any code or product or manipulate the Content in any way that affects any user's experience. While using the Website, User is required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, ORT expects User to respect the rights and dignity of others. User’s use of the Website is conditioned on User’s compliance with the rules of conduct set forth in this section.
User may not (and User expressly agrees that User will not) do any of the following, which violate these Terms:
Additionally, User acknowledges and agrees that User (and not ORT) is responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Website, and paying all charges related thereto.
• Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Website:
o Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d)
obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or
other proprietary right without the express prior consent of the owner of such right.
o Any material that would give rise to criminal or civil liability; that contains or promotes violence, drug use, illegal gambling or other
criminal activity; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information
about illegal activities or activities such as "hacking," "cracking," or "phreaking."
o Any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or
may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
o Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment
opportunity, or any other form of solicitation.
o Any material, non-public information about a company without the proper authorization to do so.
• Use the Website for any fraudulent or unlawful purpose.
• Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others'
privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Website.
• Impersonate any person or entity, including without limitation any representative of ORT or an Affiliated Entity; falsely state or otherwise
misrepresent User’s affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement
User makes.
• Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any
requirements, procedures, policies or regulations of such networks.
• Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).
• Use the Website to advertise or offer to sell or buy any goods or services for any business purpose, without ORT's express prior written
consent.
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
• Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.
• Frame or mirror any part of the Website without ORT's express prior written consent.
• Create a database by systematically downloading and storing Website Content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any
way gather Website Content or reproduce or circumvent the navigational structure or presentation of the Website.
IV. Warranty, Indemnification, and Limitation of Liability
Warranty. This Website, its Content, and its links are provided on an "as is" and “as available” basis and are used only at the sole risk of User, to the fullest extent permissible by law.
a) Technical Content. The material in this Website could include technical inaccuracies or other errors. User’s use and browsing of the Website is at User’s risk. ORT does not warrant that the functional aspects of the Website will be uninterrupted or error free or that this Website or the server that makes it available are free of viruses or other harmful components.
b) Performance. Without limiting the foregoing, ORT and its directors, officers, employees, agents, representatives, licensors and providers make no representation or warranty (a) regarding the statements, acts or omissions of any third parties; (b) that the website and/or any of its features will be available on a timely basis, or that access to the website and/or any of its features will be uninterrupted or secure; (c) that defects or errors will be corrected; or (d) that the website or the servers or networks through which the website is made available are secure or free of viruses or other harmful components. Further, ORT does not promise that this website, nor any information, Content made available through the website, will be accurate, reliable, complete, error free or compatible with any particular hardware or software.
c) General. ORT disclaims all warranties, express or implied, of any kind, regarding this Website (including its Content, hardware, software, and links), including any express or implied warranties as to fitness for a particular purpose, merchantability, title, timeliness, non-infringement, results, accuracy, completeness, accessibility, compatibility, security, and freedom from computer virus. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO USER, THE ABOVE EXCLUSIONS WILL APPLY TO USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ORT will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental, or punitive damages, including without limitation damages for lost profits, goodwill, use, data, or other tangible or intangible losses, in connection with use of the internet, this Website, its Content, or its links, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if ORT has been advised of the possibility of such damages. ORT will not be a party to, and will have no responsibility or liability for, any transaction negotiated or arranged by a User arising in connection with this Website. In any event, if any of the above provisions in this Section are not enforceable in an applicable jurisdiction, the maximum liability of ORT will be limited to, in the sole discretion of ORT, either the (1) correction or deletion of any inaccurate Content or link; or (2) refund of any fees for this Website received by ORT from User.
Limitation of Liability. ORT nor any of its agents, nor any other party involved in creating, producing, or delivering the Website, is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of or in connection with User’s access to, or use of, the Website, its features or any Content made available through the Website, even if advised in advance of such damages or losses, to the extent permitted by applicable law. ORT’S MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY USER TO ACCESS AND USE THE WEBSITE. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.
Indemnification. Each User will defend, indemnify, and hold ORT and their respective officers, directors, employees, and agents, and any of its licensors, website partners, or contractors harmless from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with User’s actions or omissions, including use of this Website, online conduct, breach of these Terms, or dealings or transactions with other persons resulting from use of this Website.
V. Miscellaneous
Separate Terms. In connection with User’s use of and/or access to Content contained in certain areas of this Website, it may be necessary for User to consent to policies or Terms in addition to the Terms set forth herein, which User should read carefully before making any use of such Content or areas of this Website. Any such additional Terms will not vary or replace these Terms regarding any use of this Website, unless otherwise expressly stated
Dispute Resolution; Applicable Law and Forum. With respect to any and all disputes arising out of or in connection with this Website or these Terms (including without limitation the Privacy Policy), ORT and User agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. ORT has no obligation to become involved in any dispute between a User and any other person. This Website, these Terms, and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Florida and the United States without regard to its conflict of law principles.
Modification of Terms, Etc. These Terms constitute the complete agreement between the parties with respect to their subject matter and supersede any prior agreement or communication. These Terms are subject to change from time to time and are effective immediately upon posting. ORT will endeavor to post a notice of any changes to these Terms for a period of thirty (30) days following any such modifications. Therefore, User is advised to review these Terms occasionally or at least every thirty (30) days. User’s continued use of this Website, subsequent to ORT’s notice of modification of these Terms, shall constitute User's acceptance of the modified Terms. If any provision of these Terms shall be found to be invalid, illegal, or otherwise unenforceable, such finding shall not affect the other provisions of these Terms, or the whole of these Terms, but such provision shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms. The parties hereto are separate and distinct, and this agreement is not intended to create and does not create an agency, partnership, or joint venture relationship between the parties nor do these Terms extend to any third party. User's obligations pursuant to these Terms shall survive termination of this Website, any use of this Website, any Content provided by User on this Website, and/or these Terms.
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