Use and Protection of Password and ID
USER is solely responsible for the use, protection and confidentiality of your password and account ID, if applicable. USER is solely responsible for all uses of User’s password and account ID, whether or not such use is or was actually or expressly authorized by USER.
Warranty Disclaimer; Liability Disclaimer
EXCEPT AS MAY BE EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN USER AND OYC, ALL CONTENT AND SERVICES ARE PROVIDED ON AN "AS-IS" BASIS. THE CONTENT PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. OYC DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. OYC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. OYC’S TOTAL LIABILITY TO USER FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY USER TO OYC FOR THE ONE MONTH PERIOD PRIOR TO OYC’S ACT GIVING RISE TO THE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OYC, ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF OYC HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO USER.
Indemnity
USER agrees to indemnify OYC, its parent, subsidiaries, affiliates, and their respective officers, directors, employees and agents from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from USER's use of this SITE, including without limitation claims arising out of content submitted to this SITE by USER, USER’s violation of a third party’s rights, or any claims alleging facts that if true would constitute a breach by USER of the terms and conditions of this AGREEMENT.
Use Of Personal Information
The name, address and payment information (if applicable) that the USER provides to OYC through this SITE, together with information regarding the manner in which the USER uses this SITE, will not be processed or disclosed by OYC except as permitted by the terms and conditions of this AGREEMENT. USER agrees that OYC may share with other parties both aggregate information, individual information, and locator information gathered by OYC in the course of the USER's continuing individual use of this Web site. "Aggregate information" is information that describes a USER’s habits, usage patterns and/or demographics as a group but does not describe or reveal the identity of any particular USER. "Individual information" is information about a USER that is presented in a form distinguishable from information relating to other users but not in a form that personally identifies the USER or enables the recipient to communicate directly with a USER. "Locator information" consists of a USER's name, e-mail address, physical address and/or other data about the USER that enables the recipient to personally identify the USER. Any USER who does not wish to receive any communications from OYC on behalf of its suppliers, or directly from OYC or its affiliates, may so notify OYC at the address listed below under SERVICE CONTACT. (Note that a USER’s election not to receive such information will not affect the USER's receipt of communications that were processed prior to the USER's election.) USERS may contact OYC to determine whether such information has been accurately recorded and, if not, to request correction of any inaccuracies in the information recorded by OYC.
Governing Law and Jurisdiction
This AGREEMENT is governed by the laws of the State of DELAWARE, U.S.A. without regard to the conflicts of laws principles thereof. USER consents to the exclusive jurisdiction and venue of the state and federal courts in Kent County, Delaware, U.S.A. in all disputes arising out of or relating to the use of this SITE. Use of this SITE is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, excepting limitations in the Liability Disclaimer, including without limitation, this paragraph and OYC makes no representation that the CONTENT or services available on this SITE are appropriate, lawful or available for use in other jurisdictions.
USER acknowledges that no joint venture, partnership, employment, or agency relationship exists between the USER and OYC as a result of this AGREEMENT or use of this Web site. USER agrees not to hold himself or herself out as a representative, agent, or employee of OYC and OYC shall not be liable for any representation, act or omission of the USER.
OYC reserves to itself any rights not expressly granted herein
