Welcome to Occam Education, LLC (“Occam”)'s Wend service hosted at https://occam.me (the "Site").
These Terms & Conditions (the “Terms”) governs your use of the Site and/or use of any of Occam’s internet-based services provided through the Site (the “Services”). The Terms creates a legal agreement between a user who accesses the Site and/or uses the Services (“you”), and Occam. The Terms outline the terms and conditions of our relationship with you, as supplemented by our Privacy Policy, available at https://occam.me/privacy, which is incorporated into this agreement by reference and also governs your visit to the Site and/or use of the Services.
By using the Site and/or the Services, you agree to be bound by the Terms and all applicable laws and regulations. If you do not wish to be bound by the Terms, do not use or access the Site or the Services. The Terms are subject to change at any time at Occam’s discretion, and you are encouraged to review the most current terms each time you visit. Your use or access of the Site or the Services in any way signifies your constructive and actual notice and knowledge of, and your agreement to be bound by, the most current version of the Terms as posted on the Site, as well as our Privacy Policy.
Portions of the Site or the Services may be governed by different or additional terms and conditions. In the event of a conflict between any provision of the Terms and any specific terms and conditions for a particular usage of the Site or the Services, the applicable provision of the specific terms and conditions for that usage of the Site or the Services shall prevail with respect to your use of the Site or the Services.
To obtain full access to the Services, you must complete a registration. You will be asked to provide certain registration details or other information; to establish an account specific to you (“Account”) to be provided by us at the terms and pricing set forth at the time of registration. By signing up for your Account, you agree to pay the fees designated by us for the type of account and/or Services you have selected (the “Fees”).
To create your Account, log into the site, and/or participate in any Services offered by the Site, you must qualify and agree to the conditions set forth below. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of the Terms and may result in the termination of your Account and authorization to use the Site and the Services.
You agree that:
We reserve the right (but do not undertake the obligation) to conduct a review, at any time, to validate your Account information and/or to ensure that your participation in the Site and use of the Services does not breach the Terms and/or any applicable law. You authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, you agree to provide sufficient information or documentation as we, in our discretion, may request. If you do not provide such information within thirty (30) days of our request, if your responses are incomplete or otherwise insufficient, or if we cannot verify the information applicable to your Account, your Account may be terminated.
For so long as you are our customer and paying the Fees required by the Terms, Occam grants to you a non-exclusive right to use the Site and our Services, subject to the restrictions set forth in the Terms and any other restrictions communicated by us in writing. You may use the Site only for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any other commercial purpose, without our express prior written consent.
Occam may provide users an opportunity to transmit or post content, which may include text, videos, photographs, images, sound files and/or other content, to the Site or through use of the Services (collectively, "User Content") and may provide for the hosting, sharing and/or publishing of such User Content. Occam does not necessarily endorse, support, sanction, encourage, or agree with User Content and expressly disclaims any and all liability in connection with any User Content.
You shall not transmit or post any User Content that:
In connection with any User Content that you submit, you affirm, represent, and/or warrant that:
You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not Occam, are entirely and solely responsible for all User Content that you transmit or post and for the consequences of Occam publishing such User Content. Occam does not and cannot review the User Content transmitted or posted by users and is not responsible for such content. However, Occam shall have the right, but not the obligation, to refuse, delete, move, remove, or edit any User Content that violates the Terms, our Privacy Policy, or is otherwise objectionable, as determined by Occam in its sole discretion and without notice. Any specific complaints regarding User Content must be directed to support@occam.me, and any promise by Occam to investigate, delete, remove, or otherwise edit any User Content shall be non-binding unless expressly provided in writing by Occam.
You agree to indemnify Occam and its parents, subsidiaries, and affiliates, and each of their respective constituent entities, partners, officers, directors, employees, agents and representatives, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney's fees) that may arise from your use of the Site and/or the Services, your transmission or posting of User Content, your unauthorized use of material obtained from the Site and/or the Services, your breach of the Terms or our Privacy Policy, your violation of any law, regulation or any right of any other person or entity, and any unauthorized use of your account or password. Occam reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Occam does not claim any ownership rights in the User Content. By transmitting or posting User Content, you grant to Occam the perpetual, non-terminable, worldwide, nonexclusive, royalty-free, sublicenseable and transferable right and license to use, reproduce, edit, remove, modify (including the size and aspect ratio of photographs), publish, transmit, display, distribute, have distributed, promote, perform, translate, and prepare derivative works of, all or any portion of such User Content in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses, including without limitation, in connection with:
You waive any moral rights you may have in the User Content. You also grant each user of the Site and/or the Services a non-exclusive license to access your User Content through the Site and/or the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and/or the Services and under the Terms.
Occam respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website, Occam will respond expeditiously to claims of copyright infringement committed using the Services and/or the Site if such claims are reported to Occam’s Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Occam’s Designated Copyright Agent. Upon receipt of Notice as described below, Occam will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
A proper DMCA Notice of Alleged Infringement ("Notice") must:
Payments to us for Fees must be made using means of payment that we may approve from time to time.
Some of our services are provided on a recurring basis. For these, to provide continuous service, we automatically renew all paid subscriptions upon expiration ("Renewal Date"). By using the Site or the Services, you acknowledge that your Account will be subject to the above-described automatic renewals. In all cases, if you do not wish your Account to renew automatically, please follow the directions set out under the "Termination or Cancellations of Accounts & Refunds" section of these Terms.
You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the Site or the Services. You waive your right to dispute any payment made into your Account and you will bear all costs.
Any attempt to defraud, through the use of credit cards or other methods of payment in connection with the Site or the Services, or any failure by you to honor charges or requests for payment will result in immediate termination of your Account and may result in civil claims and/or criminal prosecution against you.
In the case of suspected or fraudulent payment, including the use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity and may employ collection services to recover payments.
We may use third-party electronic payment processors and/or financial institutions ("ESPs") to process financial transactions. When initially setting up your Account, you will have the ability to decide which ESP you want to process your payments. By selecting the ESP, you authorize us, as necessary, to instruct such ESPs to handle such transactions. You authorize us to give such instructions on your behalf in accordance with your requests as submitted on the Site for the use of Services. You acknowledge that each ESP has its own terms and conditions of use and that we are not responsible for said terms and conditions. In the event or conflict between these Terms and the ESP's terms and conditions regarding the Site or the Services, these Terms shall prevail.
We may terminate these Terms, terminate your access to all or part of the Site and/or Services, or suspend any user's access to all or part of the Site and/or Services, at any time, without notice to you, if we believe, in our sole judgment, that you or any user connected to you have breached or may breach any term or condition of these Terms, if we believe it is required by law, or otherwise. We may delete any data in your Account or other materials relating to your use of the Site and/or our Services on our servers or otherwise in our possession. You acknowledge that we shall not be liable to you or to any third party for any termination of your access to the Site and/or our Services.
If we terminate your Account, all of your Account data may be deleted.
If you have paid for a recurring service, you may cancel at any time before the Renewal Date, and you will not be charged for use of the Services. After you have paid for a service, you may cancel your Account before the Renewal Date, and your account will not be renewed, but any fees you paid for the recurring service will not be refunded.
Upon termination of your Account for any reason, we will delete any personal information regarding your Account at your request and choice.
All materials published on or in the Site and/or Services are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of either Occam or, in the case of content licensed by Occam from third parties, the entity that is credited as the copyright holder of such licensed content. You may download accessible material (one copy per page) from the Site or the Services for your personal and noncommercial use only, without altering or removing any trademark, copyright, or other notice from such material. To request use of U.S. News Services content - other than personal, non-commercial use as described above - contact support@occam.me to request specific, written authorization, which may require payment of an additional fee and may be granted or denied in the sole discretion of Occam.
For your convenience, the Site and/or the Services may reference or link to other third-party websites throughout the Web ("Third-Party Websites"). Occam has no control over Third-Party Websites or the content found on Third-Party websites. Occam does not guarantee, represent, or warrant that the content contained on such Third-Party Websites is accurate, legal, and/or inoffensive. The Terms does not extend to your use of Third-Party Websites, and your use of Third-Party Websites is solely at your own risk and discretion. By using the Site to search for or link to Third-Party Websites, you fully understand and agree that you may not make any claim against Occam for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to Third-Party Websites.
Occam makes money on some products and services that are talked about on this website through affiliate relationships with the merchants in question. That in no way affects our opinion of those products and services.
The materials and tools contained on the Site and through the Services are provided by Occam as a service to you for your noncommercial, personal use on an "as is, as available" basis and may be used by you for informational purposes only. You acknowledge that you are using the Site and Services at your own risk. Occam assumes no responsibility for errors or omissions in these materials. Occam makes no commitment to update the information contained herein. Occam makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding the Site and/or the Services, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Site and/or the Services, or that use of the Site and/or the Services will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by Occam or any other party on the Site or through the Services shall create any warranty or liability. The content provided through the Site and/or the Services should be used for informational purposes only; the content is not intended to be a substitute for professional advice.
Occam does not warrant or make any representations regarding the use or the results of the use of the materials on the Site or through the Services in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
Under no circumstances shall Occam or any of its parents, subsidiaries, affiliates, licensors, or their respective constituent entities, partners, officers, directors, employees, agents, or representatives be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the the Site or the Services.
Your sole remedy in the event of any deficiency, defect, failure, error or interruption in the Site or the Services or any goods or services offered for sale through the Site or the Services shall be to request that Occam correct the matter or, if Occam fails to do so, to discontinue use of the Site and/or the Services. In no event shall Occam’s liability exceed an amount equal to all fees paid by you to Occam in connection with your use of the Site or the Services.
Occam periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Occam shall have no liability for the resulting unavailability of the Site or the Services or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of web host providers or the Internet infrastructure and network external to the Site or the Services.
You agree that any claim, action, or proceeding arising out of the Terms, or your use of the Site and/or Services, shall be governed by and construed in accordance with the laws of the State of Indiana applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought exclusively in a state or federal court located in Allen County in the state of Indiana. In addition, you agree to submit to the personal jurisdiction of such courts.