Access to and use ofthe O & B LLC dba Odepartment (“Odepartment”) website (“Site”) at which these Terms of Service (“Terms”) are posted are subject to the terms and conditions set forth below, which we may update from time to time. You should review these Terms from time to time for applicable changes. Your use of these sites after we post any changes to these Terms constitutes your agreement to those changes. Odepartment may, in its sole discretion, and at any time, discontinue an Odepartment website or any part thereof, with or without notice. You agree that you do not have any rights in any Odepartment website and that ODEPARTMENT will have no liability to you if this site is discontinued or your ability to access it is terminated. If you do not agree with these Terms, you should immediately discontinue all use of this Site.
PROVIDING ODEPARTMENT WITH INFORMATION
By entering the Site you acknowledge and agree that any materials, ideas or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Odepartment may be used by Odepartment anywhere, anytime, and for any reason whatsoever.
All content on Odepartment websites, including art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Content”) is the property of Odepartment and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
Third-party content, including trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by Odepartment subject to license, or subject to the fair use provisions of U.S. copyright or trademark law.
You agree not to display or use any Content or third-party content located on the Site, in any publications, in public performances, for any commercial purpose, in connection with products or services that are not those of Odepartment, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Odepartment and/or its licensors, that dilutes the strength of Odepartment’s or its licensor’s property, or that otherwise infringes Odepartment’s or its licensor’s intellectual property rights. You further agree to in no other way misuse any Content that appears on the website.
REPRESENTATIONS AND LIMITATIONS OF LIABILITY
Odepartment makes no representations about the reliability of the features of any Odepartment website, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. ODEPARTMENT makes no representations regarding the amount of time that any Content will be preserved. THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ODEPARTMENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE. NOR SHALL ODEPARTMENT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ODEPARTMENT’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL ODEPARTMENT’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Odepartment, its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney’s fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.
This Agreement will be governed by and construed in accordance with the internal laws of the State of California in the city of Los Angeles.