Oculogx, Inc (Ox)
‍TERMS OF SERVICE

Last updated 14 September 2022

1. AGREEMENT TO TERMS                                  

TheseTerms of Use constitute a legally binding agreement made between you, whetherpersonally or on behalf of an entity (“you”) and Ox, “we”, “us”, or “our”), concerning your access to anduse of the website as well as any other media form, media channel, mobilewebsite or mobile application related, linked, or otherwise connected thereto(collectively, the “Site”). We are registered in Delaware, USA and have ourregistered office at 700 SE 5th St STE 230, Bentonville AR 72712.You agree that by accessing the Site, you have read, understood, and agree tobe bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESETERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOUMUST DISCONTINUE USE IMMEDIATELY.

Supplementalterms and conditions or documents that may be posted on the Site from time totime are hereby expressly incorporated herein by reference. We reserve theright, in our sole discretion, to make changes or modifications to these Termsof Use at any time and for any reason. We will alert you about any changes byupdating the “Last updated” date of these Terms of Use, and you waive any rightto receive specific notice of each such change. Please ensure that you checkthe applicable Terms every time you use our Site so that you understand whichTerms apply. You will be subject to, and will be deemed to have been made awareof and to have accepted, the changes in any revised Terms of Use by yourcontinued use of the Site after the date such revised Terms of Use are posted.

Theinformation provided on the Site is not intended for distribution to or use byany person or entity in any jurisdiction or country where such distribution oruse would be contrary to law or regulation or which would subject us to anyregistration requirement within such jurisdiction or country. Accordingly,those persons who choose to access the Site from other locations do so on theirown initiative and are solely responsible for compliance with local laws, ifand to the extent local laws are applicable.

TheSite is not tailored to comply with industry-specific regulations (HealthInsurance Portability and Accountability Act (HIPAA), Federal InformationSecurity Management Act (FISMA), etc.), so if your interactions would besubjected to such laws, you may not use this Site. You may not use the Site ina way that would violate the Gramm- Leach-Bliley Act (GLBA).

TheSite is intended for users who are at least 18 years old. Persons under the ageof 18 are not permitted to use or register for the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unlessotherwise indicated, the Site is our proprietary property and all source code,databases, functionality, software, website designs, audio, video, text,photographs, and graphics on the Site (collectively, the “Content”) and thetrademarks, service marks, and logos contained therein (the “Marks”) are ownedor controlled by us or licensed to us, and are protected by copyright andtrademark laws and various other intellectual property rights and unfaircompetition laws of the United States, international copyright laws, andinternational conventions. The Content and the Marks are provided on the Site“AS IS” for your information and personal use only. Except as expresslyprovided in these Terms of Use, no part of the Site and no Content or Marks maybe copied, reproduced, aggregated, republished, uploaded, posted, publiclydisplayed, encoded, translated, transmitted, distributed, sold, licensed, orotherwise exploited for any commercial purpose whatsoever, without our expressprior written permission.

Providedthat you are eligible to use the Site, you are granted a limited license toaccess and use the Site and to download or print a copy of any portion of theContent to which you have properly gained access solely for your personal,non-commercial use. We reserve all rights not expressly granted to you in andto the Site, the Content and the Marks.

3. USER REPRESENTATIONS

Byusing the Site, you represent and warrant that: (1) you have the legal capacityand you agree to comply with these Terms of Use; (2) you are not a minor in thejurisdiction in which you reside; (3) you will not access the Site throughautomated or non-human means, whether through a bot, script or otherwise; (4)you will not use the Site for any illegal or unauthorized purpose; and (5) youruse of the Site will not violate any applicable law or regulation.        

Ifyou provide any information that is untrue, inaccurate, not current, orincomplete, we have the right to suspend or terminate your account and refuseany and all current or future use of the Site (or any portion thereof).  

4. PROHIBITED ACTIVITIES

Youmay not access or use the Site for any purpose other than that for which wemake the Site available. The Site may not be used in connection with any commercialendeavors except those that are specifically endorsed or approved by us.                                                                

Asa user of the Site, you agree not to:

●       Systematically retrieve dataor other content from the Site to create or compile, directly or indirectly, a collection,compilation, database, or directory without written permission from us.

●       Trick, defraud, or mislead usand other users, especially in any attempt to learn sensitive accountinformation such as user passwords.

●       Circumvent, disable, orotherwise interfere with security-related features of the Site, includingfeatures that prevent or restrict the use or copying of any Content or enforcelimitations on the use of the Site and/or the Content contained therein.      

●       Disparage, tarnish, orotherwise harm, in our opinion, us and/or the Site.

●       Use any information obtainedfrom the Site in order to harass, abuse, or harm another person.

●       Make improper use of oursupport services or submit false reports of abuse or misconduct.

●       Use the Site in a mannerinconsistent with any applicable laws or regulations. Engage in unauthorizedframing of or linking to the Site.

●       Upload or transmit (or attemptto upload or to transmit) viruses, Trojan horses, or other material, includingexcessive use of capital letters and spamming (continuous posting of repetitivetext), that interferes with any party’s uninterrupted use and enjoyment of theSite or modifies, impairs, disrupts, alters, or interferes with the use,features, functions, operation, or maintenance of the Site.

●       Engage in any automated use ofthe system, such as using scripts to send comments or messages, or using anydata mining, robots, or similar data gathering and extraction tools.

●       Delete the copyright or otherproprietary rights notice from any Content. Attempt to impersonate another useror person or use the username of another user.

●       Upload or transmit (or attemptto upload or to transmit) any material that acts as a passive or activeinformation collection or transmission mechanism, including without limitation,clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, orother similar devices (sometimes referred to as “spyware” or “passivecollection mechanisms” or “pcms”).

●       Interfere with, disrupt, orcreate an undue burden on the Site or the networks or services connected to theSite.

●       Harass, annoy, intimidate, orthreaten any of our employees or agents engaged in providing any portion of theSite to you.

●       Attempt to bypass any measuresof the Site designed to prevent or restrict access to the Site, or any portionof the Site.

●       Copy or adapt the Site’ssoftware, including but not limited to Flash, PHP, HTML, JavaScript, or othercode.

●       Except as permitted byapplicable law, decipher, decompile, disassemble, or reverse engineer any ofthe software comprising or in any way making up a part of the Site.

●       Except as may be the result ofstandard search engine or Internet browser usage, use, launch, develop, ordistribute any automated system, including without limitation, any spider,robot, cheat utility, scraper, or offline reader that accesses the Site, orusing or launching any unauthorized script or other software.                                                                                      

●       Use a buying agent orpurchasing agent to make purchases on the Site. Make any unauthorized use ofthe Site, including collecting usernames and/or email addresses of users byelectronic or other means for the purpose of sending unsolicited email, orcreating user accounts by automated means or under false pretenses.

●       Use the Site as part of anyeffort to compete with us or otherwise use the Site and/or the Content for anyrevenue-generating endeavor or commercial enterprise.                      

5. USER GENERATED CONTRIBUTIONS

TheSite does not offer users to submit or post content. We may provide you withthe opportunity to create, submit, post, display, transmit, perform, publish,distribute, or broadcast content and materials to us or on the Site, includingbut not limited to text, writings, video, audio, photographs, graphics,comments, suggestions, or personal information or other material (collectively,"Contributions"). Contributions may be viewable by other users of theSite and through third-party websites. As such, any Contributions you transmitmay be treated in accordance with the Site Privacy Policy. When you create ormake available any Contributions, you thereby represent and warrant that:                                                        

●       The creation, distribution,transmission, public display, or performance, and the accessing, downloading,or copying of your Contributions do not and will not infringe the proprietaryrights, including but not limited to the copyright, patent, trademark, tradesecret, or moral rights of any third party.

●       You are the creator and ownerof or have the necessary licenses, rights, consents, releases, and permissionsto use and to authorize us, the Site, and other users of the Site to use yourContributions in any manner contemplated by the Site and these Terms of Use.

●       You have the written consent,release, and/or permission of each and every identifiable individual person inyour Contributions to use the name or likeness of each and every suchidentifiable individual person to enable inclusion and use of yourContributions in any manner contemplated by the Site and these Terms of Use.

●       Your Contributions are notfalse, inaccurate, or misleading.

●       Your Contributions are notunsolicited or unauthorized advertising, promotional materials, pyramidschemes, chain letters, spam, mass mailings, or other forms of solicitation.

●       Your Contributions are notobscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, orotherwise objectionable (as determined by us).

●       Your Contributions do notridicule, mock, disparage, intimidate, or abuse anyone.

●       Your Contributions are notused to harass or threaten (in the legal sense of those terms) any other personand to promote violence against a specific person or class of people.

●       Your Contributions do notviolate any applicable law, regulation, or rule.

●       Your Contributions do notviolate the privacy or publicity rights of any third party.

●       Your Contributions do notviolate any applicable law concerning child pornography, or otherwise intendedto protect the health or well-being of minors.

●       Your Contributions do notinclude any offensive comments that are connected to race, national origin,gender, sexual preference, or physical handicap.

●       Your Contributions do nototherwise violate, or link to material that violates, any provision of theseTerms of Use, or any applicable law or regulation.

●       Any use of the Site inviolation of the foregoing violates these Terms of Use and may result in, amongother things, termination or suspension of your rights to use the Site.

6. CONTRIBUTION LICENSE

Youand the Site agree that we may access, store, process, and use any informationand personal data that you provide following the terms of the Privacy Policyand your choices (including settings).

Bysubmitting suggestions or other feedback regarding the Site, you agree that wecan use and share such feedback for any purpose without compensation to you.

Wedo not assert any ownership over your Contributions. You retain full ownershipof all of your Contributions and any intellectual property rights or otherproprietary rights associated with your Contributions. We are not liable forany statements or representations in your Contributions provided by you in anyarea on the Site. You are solely responsible for your Contributions to the Siteand you expressly agree to exonerate us from any and all responsibility and torefrain from any legal action against us regarding your Contributions.

7. SUBMISSIONS

Youacknowledge and agree that any questions, comments, suggestions, ideas,feedback, or other information regarding the Site ("Submissions")provided by you to us are non-confidential and shall become our sole property.We shall own exclusive rights, including all intellectual property rights, andshall be entitled to the unrestricted use and dissemination of theseSubmissions for any lawful purpose, commercial or otherwise, withoutacknowledgment or compensation to you. You hereby waive all moral rights to anysuch Submissions, and you hereby warrant that any such Submissions are originalwith you or that you have the right to submit such Submissions. You agree thereshall be no recourse against us for any alleged or actual infringement ormisappropriation of any proprietary right in your Submissions.

8. U.S. GOVERNMENT RIGHTS

Ourservices are “commercial items” as defined in Federal Acquisition Regulation(“FAR”) 2.101. If our services are acquired by or on behalf of any agency notwithin the Department of Defense (“DOD”), our services are subject to the termsof these Terms of Use in accordance with FAR 12.212 (for computer software) andFAR 12.211 (for technical data). If our services are acquired by or on behalfof any agency within the Department of Defense, our services are subject to theterms of these Terms of Use in accordance with Defense Federal AcquisitionRegulation (“DFARS”) 227.7202 3. In addition, DFARS 252.227 7015 applies totechnical data acquired by the DOD. This U.S. Government Rights clause is inlieu of, and supersedes, any other FAR, DFARS, or other clause or provisionthat addresses government rights in computer software or technical data underthese Terms of Use.

9. SITE MANAGEMENT                                          

Wereserve the right, but not the obligation, to: (1) monitor the Site forviolations of these Terms of Use; (2) take appropriate legal action againstanyone who, in our sole discretion, violates the law or these Terms of Use,including without limitation, reporting such user to law enforcementauthorities; (3) in our sole discretion and without limitation, refuse,restrict access to, limit the availability of, or disable (to the extenttechnologically feasible) any of your Contributions or any portion thereof; (4)in our sole discretion and without limitation, notice, or liability, to removefrom the Site or otherwise disable all files and content that are excessive insize or are in any way burdensome to our systems; and (5) otherwise manage theSite in a manner designed to protect our rights and property and to facilitatethe proper functioning of the Site.

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10. TERM AND TERMINATION

TheseTerms of Use shall remain in full force and effect while you use the Site.WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THERIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESSTO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSONFOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANYAPPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THESITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUTWARNING, IN OUR SOLE DISCRETION.

Ifwe terminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowedname, or the name of any third party, even if you may be acting on behalf ofthe third party. In addition to terminating or suspending your account, wereserve the right to take appropriate legal action, including withoutlimitation pursuing civil, criminal, and injunctive redress.

11. MODIFICATIONS ANDINTERRUPTIONS

Wereserve the right to change, modify, or remove the contents of the Site at anytime or for any reason at our sole discretion without notice. However, we haveno obligation to update any information on our Site. We also reserve the rightto modify or discontinue all or part of the Site without notice at any time. Wewill not be liable to you or any third party for any modification, pricechange, suspension, or discontinuance of the Site.

Wecannot guarantee the Site will be available at all times. We may experiencehardware, software, or other problems or need to perform maintenance related tothe Site, resulting in interruptions, delays, or errors. We reserve the rightto change, revise, update, suspend, discontinue, or otherwise modify the Siteat any time or for any reason without notice to you. You agree that we have noliability whatsoever for any loss, damage, or inconvenience caused by yourinability to access or use the Site during any downtime or discontinuance ofthe Site. Nothing in these Terms of Use will be construed to obligate us tomaintain and support the Site or to supply any corrections, updates, orreleases in connection therewith.              

12. GOVERNING LAW

TheseTerms shall be governed by and defined following the laws of the United Statesof America, and yourself irrevocably consent that the courts of the UnitedStates of America shall have exclusive jurisdiction to resolve any disputewhich may arise in connection with these terms.            

13. DISPUTE RESOLUTION Informal Negotiations          

Toexpedite resolution and control the cost of any dispute, controversy, or claimrelated to these Terms of Use (each "Dispute" and collectively, the“Disputes”) brought by either you or us (individually, a “Party” and collectively,the “Parties”), the Parties agree to first attempt to negotiate any Dispute(except those Disputes expressly provided below) informally for at least 30 daysbefore initiating arbitration. Such informal negotiations commence upon writtennotice from one Party to the other Party.                                                              

Binding Arbitration          

Ifthe Parties are unable to resolve a Dispute through informal negotiations, theDispute (except those Disputes expressly excluded below) will be finally andexclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THISPROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Thearbitration shall be commenced and conducted under the Commercial ArbitrationRules of the American Arbitration Association ("AAA") and, where appropriate,the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAAConsumer Rules"), both of which are available at the AAA websitewww.adr.org. Your arbitration fees and your share of arbitrator compensationshall be governed by the AAA Consumer Rules and, where appropriate, limited bythe AAA Consumer Rules. The arbitration may be conducted in person, through thesubmission of documents, by phone, or online. The arbitrator will make adecision in writing, but need not provide a statement of reasons unlessrequested by either Party. The arbitrator must follow applicable law, and anyaward may be challenged if the arbitrator fails to do so. Except whereotherwise required by the applicable AAA rules or applicable law, thearbitration will take place in Arkansas. Except as otherwise provided herein,the Parties may litigate in court to compel arbitration, stay proceedingspending arbitration, or to confirm, modify, vacate, or enter judgment on theaward entered by the arbitrator.                                                                            

Iffor any reason, a Dispute proceeds in court rather than arbitration, theDispute shall be commenced or prosecuted in the state and federal courtslocated in Arkansas, and the Parties hereby consent to, and waive all defensesof lack of personal jurisdiction, and forum non conveniens with respect tovenue and jurisdiction in such state and federal courts. Application of theUnited Nations Convention on Contracts for the International Sale of Goods andthe Uniform Computer Information Transaction Act (UCITA) are excluded fromthese Terms of Use.                                                      

Ifthis provision is found to be illegal or unenforceable, then neither Party willelect to arbitrate any Dispute falling within that portion of this provisionfound to be illegal or unenforceable and such Dispute shall be decided by acourt of competent jurisdiction within the courts listed for jurisdictionabove, and the Parties agree to submit to the personal jurisdiction of thatcourt.                                                                          

Restrictions                                                  

TheParties agree that any arbitration shall be limited to the Dispute between theParties individually. To the full extent permitted by law, (a) no arbitrationshall be joined with any other proceeding; (b) there is no right or authorityfor any Dispute to be arbitrated on a class-action basis or to utilize classaction procedures; and (c) there is no right or authority for any Dispute to bebrought in a purported representative capacity on behalf of the general publicor any other persons.        

Exceptions to Informal Negotiationsand Arbitration                          

TheParties agree that the following Disputes are not subject to the aboveprovisions concerning informal negotiations and binding arbitration: (a) anyDisputes seeking to enforce or protect, or concerning the validity of, any ofthe intellectual property rights of a Party; (b) any Dispute related to, orarising from, allegations of theft, piracy, invasion of privacy, orunauthorized use; and (c) any claim for injunctive relief. If this provision isfound to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to beillegal or unenforceable and such Dispute shall be decided by a court ofcompetent jurisdiction within the courts listed for jurisdiction above, and theParties agree to submit to the personal jurisdiction of that court.                                            

14. CORRECTIONS                                                  

Theremay be information on the Site that contains typographical errors,inaccuracies, or omissions, including descriptions, pricing, availability, andvarious other information. We reserve the right to correct any errors,inaccuracies, or omissions and to change or update the information on the Siteat any time, without prior notice.                                                                

15. DISCLAIMER                                                      

THESITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OFTHE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENTPERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTIONWITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACYOR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TOTHE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY ORPROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO ANDUSE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERSAND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STOREDTHEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TOOR THROUGH THE SITE BY ANY THIRD PARTY,AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSSOR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT,ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICEADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKEDWEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHERADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FORMONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OFPRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANYMEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISECAUTION WHERE APPROPRIATE.                                        

16. LIMITATIONS OF LIABILITY                                                                      

INNO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANYTHIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OROTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISEDOF THE POSSIBILITY OF SUCH DAMAGES.                                                      

17. INDEMNIFICATION                                                          

Youagree to defend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, andemployees, from and against any loss, damage, liability, claim, or demand,including reasonable attorneys’ fees and expenses, made by any third party dueto or arising out of: (1) use of the Site; (2) breach of these Terms of Use;(3) any breach of your representations and warranties set forth in these Termsof Use; (4) your violation of the rights of a third party, including but not limitedto intellectual property rights; or (5) any overt harmful act toward any otheruser of the Site with whom you connected via the Site. Notwithstanding theforegoing, we reserve the right, at your expense, to assume the exclusivedefense and control of any matter for which you are required to indemnify us,and you agree to cooperate, at your expense, with our defense of such claims.We will use reasonable efforts to notify you of any such claim, action, orproceeding which is subject to this indemnification upon becoming aware of it.                                                          

18. USER DATA

Wewill maintain certain data that you transmit to the Site for the purpose ofmanaging the performance of the Site, as well as data relating to your use ofthe Site. Although we perform regular routine backups of data, you are solelyresponsible for all data that you transmit or that relates to any activity youhave undertaken using the Site. You agree that we shall have no liability toyou for any loss or corruption of any such data, and you hereby waive any rightof action against us arising from any such loss or corruption of such data.

19. ELECTRONIC COMMUNICATIONS,TRANSACTIONS, AND SIGNATURES

Visitingthe Site, sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agreethat all agreements, notices, disclosures, and other communications we provideto you electronically, via email and on the Site, satisfy any legal requirementthat such communication be in writing. YOU HEREBY AGREE TO THE USE OFELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONICDELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED ORCOMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirementsunder any statutes, regulations, rules, ordinances, or other laws in anyjurisdiction which require an original signature or delivery or retention ofnon-electronic records, or to payments or the granting of credits by any meansother than electronic means.                  

20. MISCELLANEOUS                                                        

TheseTerms of Use and any policies or operating rules posted by us on the Site or inrespect to the Site constitute the entire agreement and understanding betweenyou and us. Our failure to exercise or enforce any right or provision of theseTerms of Use shall not operate as a waiver of such right or provision. TheseTerms of Use operate to the fullest extent permissible by law. We may assignany or all of our rights and obligations to others at any time. We shall not beresponsible or liable for any loss, damage, delay, or failure to act caused byany cause beyond our reasonable control. If any provision or part of aprovision of these Terms of Use is determined to be unlawful, void, orunenforceable, that provision or part of the provision is deemed severable fromthese Terms of Use and does not affect the validity and enforceability of anyremaining provisions. There is no joint venture, partnership, employment oragency relationship created between you and us as a result of these Terms ofUse or use of the Site. You agree that these Terms of Use will not be construedagainst us by virtue of having drafted them. You hereby waive any and alldefenses you may have based on the electronic form of these Terms of Use andthe lack of signing by the parties hereto to execute these Terms of Use.

21. CONTACT US                                                

Inorder to resolve a complaint regarding the Site or to receive furtherinformation regarding use of the Site, please contact us at:

United States Phone: 479.402-5324

Email: support@getox.com