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Website Terms of Use

Last Updated: April 13, 2020

 

important! this is a binding legal agreement. please read these terms of use carefully before using the site.

introduction

 

These Terms of Use (“Terms”) are entered into by and between You and Oakwood. The following terms and conditions govern your access to and use of www.Oakwood.com, including any content, functionality, and services offered on or through www.Oakwood.com (the “Website”).

 

Please read the Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at www.oakwood.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or our Privacy Policy, you must not access or use the Website.

 

Please note: These Terms contain an arbitration clause and class action waiver that applies to all users of the Website. If your country of residence is the United States, this provision applies to all disputes with Oakwood. If your country of residence is outside the United States, this provision applies to any action you bring against Oakwood in the United States. It affects how disputes with Oakwood are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

 

When these Terms mentions “Oakwood," we,” ‘us,” or “our,” it refers to the Oakwood company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.

 

  • If your country of residence is the United States, you are contracting with Oakwood Worldwide (US) LP.
  • If your country of residence is in the Asia-Pacific Region or Dubai, you are contracting with Oakwood Worldwide (Asia) Limited.
  • If your country of residence is in Europe, the Middle Ease (excluding Dubai), or Africa, you are contracting with Pine (UK) Holdings Limited.

 

Changes to the Terms of Use

 

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

 

Your continued use of the Website following the position of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

Accessing the Website and Account Security

 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

 

You are responsible for both:

 

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

 

To access the Website or some of the resources it offers, you may be asked to provide certain details or other information. It is a condition of your use of the Websites that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide on this Website, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy at www.oakwood.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

Intellectual Property Rights

 

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owed by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

 

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print a copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

 

You must not:

 

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

 

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

 

Trademarks

 

Oakwood’s name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Oakwood or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, products and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

Prohibited Uses

 

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

 

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Oakwood, an Oakwood employee, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Oakwood or users of the Website, or expose them to liability.

 

Additionally, you agree not to:

 

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the website via a denial-of-service attack or distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 

SITE content

 

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility airing from any reliance on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

 

The Website may contain information on Oakwood’s services, not all of which are available at every location. The Website may contain technical inaccuracies or typographical errors or omissions. Oakwood is not responsible for any typographical, photographic, technical or pricing (including without limitation mistaken rates) errors listed on our Site. Oakwood reserves the right to make changes, correction and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.

 

Changes to the Website

 

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

Information About You and Your Visits to the Website

 

All information we collect on this Website is subject to our Privacy Policy at www.Oakwood.com/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Links from the website

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintain a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

 

Your use of the website, its content, and any services or items obtained through the website is at your own risk. The website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

 

To the fullest extent provided by law, the company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

 

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

 

Limitation on Liability

 

To the fullest extent provided by law, in no event will Oakwood, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

 

Indemnification

 

You agree to defend, indemnify, and hold harmless Oakwood, its affiliates, licensor, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than expressly authorized in these Terms, or you ruse of any information obtained from the Website.

 

Governing Law and Jurisdiction

 

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles and County of Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Arbitration

 

You and Oakwood mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Website (collectively, “Disputes”) will be settled by binding individual arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. If there is a dispute about whether the Arbitration Agreement can be enforced or applies to our Disputes, you and Oakwood agree that the arbitrator will decide that issue.

 

Limitation on Time to File Claims

 

Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

 

Waiver and Severability

 

No waiver by Oakwood of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

 

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

Entire Agreement

 

The Terms, Privacy Policy, and Cookie Policy constitute the sole and entire agreement between you and Oakwood regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

 

Notice and Procedure for Making Claims of Copyright Infringement

 

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. Notification must be submitted to the following Designated Agent:

 

  • Service Provider(s): Oakwood
  • Name of Agent Designated to Receive Notification of Claimed Infringement: Ben Machida
  • Full Address of Designated Agent to Which Notification Should be Sent:

     

    Oakwood Worldwide (US) LP

    Attn: Ben Machida

    One World Trade Center, 24th Floor

    Long Beach, California 90802

     

  • Telephone Number of Designated Agent: +1 562.473.7300
  • Email Address of Designated Agent: bmachida@oakwood.com

 

To be effective, under Title 17, United States Code, Section 512(c)(3), the notification must be a written communication that includes the following:

 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining part has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.