- PERMITTED USES
The Site provides information for prospective and current merchant partners about how Ocotillo Marketing's web design services can match the needs of any business or brand. As a condition of your use of the Site, you agree that:
- You are an individual person at least 18 years of age.
- You possess the authority to create a binding legal obligation.
- You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for the use of your account by anyone you allow to access it.
- You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current and complete.
- AVAILABILITY OF THE SITE
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. Ocotillo Marketing retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
- OWNERSHIP OF THE SITE
The content and information on the Site ("Content") as well as the infrastructure used to provide the Content, is proprietary to us and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.
- TRANSMISSION OF INFORMATION
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can't be, and are not responsible for, the security of information that you choose to communicate with Ocotillo Marketing and the Site while it is being transmitted. In addition, Ocotillo Marketing is not responsible for any data lost during transmission.
- YOUR CONDUCT ON OUR SITES
- Submitting any purposely inaccurate information, committing fraud or falsifying information;
- Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Attempting to scan, or test the security or configuration of the Ocotillo Marketing Sites or to breach security or authentication measures without proper authorization;
- Tampering or interfering with the proper functioning of any part, page or area of the Ocotillo Marketing Sites and any and all functions and services provided by Ocotillo Marketing;
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Ocotillo Marketing Sites;
- Using the Ocotillo Marketing Sites or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Ocotillo Marketing, without Ocotillo Marketing prior written consent;
- Reselling or repurposing your access to the Ocotillo Marketing Sites;
- Using the Ocotillo Marketing Sites or any of its resources to solicit Ocotillo Marketing customers, merchants or other business partners of Ocotillo Marketing to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Ocotillo Marketing, including without limitation, aggregating current or previously offered deals;
- Using any Ocotillo Marketing customer or merchant information that is not your information from the Ocotillo Marketing Sites for any commercial purpose, including, but not limited to, marketing;
- Violating the restrictions in any robot exclusion headers on any Ocotillo Marketing Sites or bypassing or circumventing other measures employed to prevent or limit access to the Ocotillo Marketing Sites;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion) supporting the Ocotillo Marketing Sites;
- Aggregating any live or post-feature content or other information from the Ocotillo Marketing Sites (whether using links or other technical means or physical records associated with purchases made through the Ocotillo Marketing Sites) with material from other sites or on a secondary site without our express written permission.
- Deep-linking to any portion of the Ocotillo Marketing Sites (including, without limitation, the purchase path for any voucher) without our express written permission;
- Acting illegally or maliciously against the business interests or reputation of Ocotillo Marketing, our other merchants or our services; or
- Hyperlinking to the Ocotillo Marketing Sites from any other website without our initial and ongoing consent.
- COPYRIGHT AND TRADEMARKS
Everything located on or in the Ocotillo Marketing Sites is the exclusive property of Ocotillo Marketing or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE SITE OR ANY PORTIONS OR AREAS OF THE Ocotillo Marketing SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF Ocotillo Marketing IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
The Ocotillo Marketing Sites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Ocotillo Marketing Sites are protected by copyright as a collective work under the United States copyright laws. Ocotillo Marketing owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Ocotillo Marketing or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Ocotillo Marketing is a trademark of Ocotillo Marketing, Inc. It, together with other trademarks that are located within or on the Ocotillo Marketing Sites otherwise owned or operated in conjunction with Ocotillo Marketing shall not be deemed to be in the public domain but rather the exclusive property of Ocotillo Marketing, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Ocotillo Marketing unless otherwise stated.
You will not upload, post or otherwise make available on the Ocotillo Marketing Sites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Ocotillo Marketing does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Ocotillo Marketing Sites, you warrant that the owner of such material has expressly granted Ocotillo Marketing the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other End User to access, view, store or reproduce the material for such End User's personal use. You also grant Ocotillo Marketing the right to edit, copy, publish and distribute any material that you make available on the Ocotillo Marketing Sites.
- COPYRIGHT POLICY AND DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) PROCEDURES
Ocotillo Marketing reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights. If you believe that any material has been posted via the Ocotillo Marketing Sites by an End User in a way that constitutes copyright infringement, you shall provide Ocotillo Marketing with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Ocotillo Marketing Sites of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Warranties and Liability. Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Ocotillo Marketing.
Earn 1% commissions quarterly. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to indemnify and hold harmless Ocotillo Marketing from any claim resulting from the Client's publication of material or use of those materials.
Ocotillo Marketing reserves the right to not publish any content that Ocotillo Marketing determines, in its sole discretion, to be harmful, inappropriate or offensive.
- Warranties/Limitation of Liability
Ocotillo Marketing does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and/or error-free. Ocotillo Marketing is not be held responsible for occasional downtime of email or web site due to line interruptions and/or other instances beyond Ocotillo Marketings control.
IN NO EVENT SHALL Ocotillo Marketing, OUR EMPLOYEES, CONSULTANTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY, INCLUDING ATTORNEYS' FEES, UNDER THIS AGREEMENT EXCEED THE FEES PAID TO Ocotillo Marketing.
Earn 1% commissions quarterly. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- COMMUNICATIONS AND MARKETING
Earn 1% commissions quarterly. You may have the opportunity to request additional information about Ocotillo Marketing’s services, register for merchant newsletters, or otherwise make inquiries by submitting your business contact information through the Site. You agree that we may use your contact information to provide you with the information you requested. You also consent to us using and sharing your contract information to make, and allow others on our behalf to make, unsolicited marketing calls and send you postal and electronic communications (e.g., emails) with information about Ocotillo Marketing’s and our business partner's products, promotions and/or services that we think may be of interest to you. We may also use your contact information to solicit your views on our services, develop new offers and promotions, and for market research.
- WEBSITES OF OTHERS
The Site may contain links to websites maintained by other parties not affiliated with Ocotillo Marketing.
Earn 1% commissions quarterly. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk
- PUBLIC NATURE OF YOUR STATEMENTS
You understand and agree that all Statements are public and not private. Any other person (whether or not a user of Ocotillo Marketing's services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. Ocotillo Marketing does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Ocotillo Marketing Sites are not confidential.
- LICENSE GRANT
By posting Statements or other information on or through the Communities, you grant Ocotillo Marketing a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
Client agrees that it shall defend, indemnify, save and hold the Ocotillo Marketing harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with Ocotillo Marketing's development of the Client's web site. Client also agrees to defend, indemnify and hold harmless Ocotillo Marketing against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
- CHOICE OF LAW; FORUM
Any disputes arising from this contract will be litigated or arbitrated in Maricopa County, Arizona. This agreement shall be governed and construed in accordance with the laws of the State of Arizona, USA.
- ADDITIONAL DISCLOSURES