Terms and Conditions
1. General – These General Terms and Conditions of Use (“Terms”) are entered into by and between you and The Oculus Institute (“Oculus”). This Agreement governs the relationship between Oculus and you, our site visitor (“you” or “your”), with respect to your use of www.oculusinstitute.com and related websites (“Oculus Site”) as well as your purchase of any services from the Oculus Site. By visiting or using the Oculus Site, including without limitation to (i) accessing, using, and/or downloading Information, (ii) sending messages, information, data, text, software, images, or other Information to the Oculus Site, or (iii) otherwise using, accessing, or purchasing any Services, you agree to accept and abide by this Agreement. In consideration of your use of and access to the Oculus Site (and the promises and obligations herein, and intending to be legally bound), you and Oculus hereby agree as follows: Your access to and use of the Oculus Site is subject to these Terms, any modifications issued by Oculus to these Terms, and all applicable laws and regulations. By using the Oculus Site, you agree to and will be deemed to be bound by these terms. If you do not want to be bound by these Terms, do not use the Oculus Site. Among other things, Oculus provides information concerning various products and services as well as the opportunity to obtain additional information concerning those products and services or to purchase them.
2. Professional Advice – The information available on or through use of the Oculus Site, including but not limited to data, text, articles, content, software, images, graphics, photographs, audio and video clips, links, references, and other materials (collectively, “Content”) is provided for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The Content is not intended to be a substitute for professional legal, accounting, or investment advice. Always seek the advice of a qualified medical, legal, accounting, or investment professional with any questions you may have regarding their respective areas of expertise. Do not disregard professional medical, legal, accounting, or investment advice or delay seeking it because of Information on the Oculus Site. Reliance on any Content is solely at your own risk.
3. Changes in Terms – Oculus shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Oculus Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to, posting the revised or additional Terms & Conditions on the Oculus Site. You are responsible for reviewing the Terms periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Oculus to these Terms. Any access or use of the Oculus Site by you after notice of revisions or additions to these terms shall constitute and be deemed to be your agreement to such revisions or additions. No modification to these Terms by any party other than Oculus shall be valid or enforceable against Oculus unless expressly agreed to by Oculus in a writing signed by a duly authorized officer of Oculus.
4. Termination – These Terms are effective until terminated by Oculus. Oculus may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Oculus Site. Furthermore, the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Oculus shall also have the right without notice and at any time to terminate the Oculus Site, any portion thereof, or any products or services offered through Oculus or the Oculus Site, or to terminate any individual’s right to access or use the Oculus Site or any portion thereof.
5. Compliance With Laws – You agree to comply with all applicable international laws, statutes, ordinances, and regulations regarding your use of the Oculus Site and your purchase of the items on the Oculus Site.
6. Content – Content is defined above in Section #2. The Content may contain errors, omissions, or typographical errors or may be out of date. Oculus may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Oculus in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyright, trademark, common law, and other proprietary rights that are owned by Oculus or by third parties that have licensed their use to Oculus. You may view and use the Content only for your personal information, shopping, and ordering on the Oculus Site, and for no other purpose. You must retain all trademark, copyright, and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the Terms of this Agreement and shall remain the property of Oculus and/or its licensors and/or suppliers. Except as provided in the foregoing, Oculus does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Oculus Site, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Oculus, is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Oculus Site or any services or Information. Nothing contained on the Oculus Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Oculus’s, its licensors’, its suppliers’, and/or third-party owners’ trademarks or copyrights without the express written permission of the respective entity that owns said Content.
8. Code of Conduct – You agree not to:
*Engage in phishing or spamming
*Transmit (a) any content or information that is unlawful, deceptive, threatening, vulgar, derogatory, harassing, defamatory, invasive of the privacy rights of others, or otherwise objectionable (b) any content that infringes our or any third party’s intellectual property or other legal rights; (c) any material, non-public information about companies without the authorization to do so; (d) any trade secret of any third party; or (e) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication;
*Restrict or inhibit any other visitor from using the Oculus Site, including, without limitation, by means of “hacking,” DDoS, or defacing any portion of the Oculus Site;
*Express or imply that any statements you make are endorsed by us, without our prior written consent;
*Upload any files and/or other information that contain any virus, worm, script, or program designed to damage or allow unauthorized access to the service or the Oculus Site;
*Remove any copyright, trademark, or other proprietary rights notice contained in or on the Oculus Site or Content obtained from the Oculus Site;
*Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Oculus Site or Content;
*Use the Oculus Site, Content, or services in any manner that is unlawful, including accessing the Oculus Site, Content, and/or services from any location where such access may be illegal or otherwise prohibited;
*”Frame” or “mirror” any part of the Oculus Site without our prior written authorization;
*Use any spider, site search/retrieval application, robot, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Oculus Site or its contents;
*Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content; and/or
*Harvest or collect information about the Oculus Site visitors or members without their express consent.
9. Purchases – Policies for purchases are described below:
*You agree to pay all fees and charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
*All amounts appearing on the Oculus Site are quoted in U.S. dollars. Oculus will add shipping and handling fees as well as applicable sales/use tax. Payments must be made using a valid credit card. Credit card payments are processed by a third-party payment processor hired by Oculus. Oculus reserves the right, without prior notice, to discontinue or change specifications and prices on products and services offered on the Oculus Site without incurring any obligation to you. Products displayed on the Oculus Site are available while supplies last. The receipt by you of an order confirmation does not constitute Oculus’s acceptance of an order. Prior to Oculus’s acceptance of an order, verification of information may be required. Oculus reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Oculus, for any reason. Oculus reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
*We reserve the right, without prior notification, to change our Shipping and Return policies at any time.
10. Copyright Infringement Claims – Please submit any claims of copyright infringement, along with supporting documents, to [email protected] They will be investigated promptly and necessary action taken to prevent any infringement of copyright.
11. Automatic License – You hereby automatically grant a non-exclusive license to Oculus with regard to you submit for the term of your copyright or other legal rights, and you agree that materials be used by Oculus as it may determine and at its sole discretion. Oculus reserves the royalty-free right to sub-license, reproduce, disclose, transmit, publish, broadcast, and/or distribute electronically any such materials, including but not limited to, education, publicity, and promotion.
12. Lack of Warranty Disclaimer – To the fullest extent possible under law, (a) the Oculus Site (including all Content) and any services are provided “as is” and without warranties of any kind, either express or implied; and (b) Oculus and its affiliates, agents, service providers, employees, officers, directors, consultants, representatives, licensors, suppliers, advertisers, sponsors, successors, and assigns (collectively, “Oculus’s Representatives”) disclaim all warranties, express or implied, including, without limitation, the implied warranties of title, non-infringement accuracy, completeness, merchantability, quality, and fitness for a particular purpose, as well as any warranties that may arise from course of dealing, course of performance, or usage of trade, and any warranties that the information and Oculus Site is current. Oculus and Oculus’s Representatives do not warrant that the information, the Oculus Site or services, nor your use of the foregoing, will be complete, accurate, current, reliable, uninterrupted, error-free, or secure, nor that defects will be corrected, nor that the Oculus Site or the server(s) on which the Oculus Site is hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed to access and use the Oculus Site, as well as all charges related thereto. You assume all responsibility and risk for your use of the Oculus Site, services, Content, and your reliance thereon. No opinion, advice, or statement of Oculus or any of Oculus’s Representatives, whether made on or in connection with the Oculus Site, services, or Content shall create any warranty unless expressly stated otherwise in writing.
Some states and provinces do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on the services or Content notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date, shall terminate automatically at the end of such period, and shall be disclaimed and excluded to the fullest extent permitted by law. You may also have other rights under applicable law which vary from state to state.
13. No Obligation to Verify – Oculus and Oculus’s Representative are under no obligation to verify the identity of users of Oculus’s Site, services, and/or Content. You should use caution and common sense when using the Oculus Site.
14. Disclaimer of Commercial Risk – Through your use of the Oculus Site, services, and/or Content, you may have the opportunity to engage in commercial transactions with third parties. All such transactions are at your own risk. Oculus’s Representatives are not parties to any such transactions and disclaim all liability regarding all such transactions.
15. Limitation of Liability – Notwithstanding the failure of essential purpose of any limited remedy of any kind, neither Oculus nor any of Oculus’s Representatives are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages or liabilities under any contract, negligence, strict liability, or other theory arising out of or relating in any manner to the Oculus Site, Content, services, and/or any linked site, whether or not we have been informed of the possibility of such damages or liabilities. Your sole remedy with respect to this Site, the Content, Oculus services, or any linked site is to stop using the Oculus Site, service, or linked site. Oculus’s sole and exclusive maximum liability to you for all damages, losses, cause of action, whether in contract, tort (including, without limitation, negligence), or otherwise arising out of or relating in any manner to the Site, shall be the amount paid by you for use of the Site, Content, and/or services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
16. Indemnification – You agree to fully indemnify, defend and hold Oculus and any of Oculus’s Representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from your breach of this Agreement and/or your activities in connection with the Oculus Site.
17. Ability to Contract – You affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are under eighteen (18) years of age, then you must obtain permission from a parent or guardian before accessing the Oculus Site.
18. Jurisdiction – This Agreement is governed by and construed in accordance with the laws of the State of Texas, United States of America, without giving effect to any principles of conflicts of laws. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the City of Houston, County of Harris, State of Texas, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. All disputes shall be resolved in the English language.
19. Severability – If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
20. Entirety of Agreement – This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter.
21. Transferability – This Agreement or any right, obligation or remedy hereunder is not assignable, transferable, delegatable, or sublicensable by you except with Oculus’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Oculus may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
22. Extent of Waivers – 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.
24. Miscellaneous – Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Throughout this agreement, the singular shall include the plural and the plural the singular. Should you have any questions, comments, or complaints regarding this Agreement or the Oculus Site, please email us at [email protected]