End User Terms and Conditions
Last updated: March 9, 2023
These End User Terms and Conditions (“End User Terms”) are a binding agreement between you and Peak Labs LLC dba Occasion (“Occasion” or “we,” “us” or “our”). These End User Terms govern your use of our website (“Site”) and our products and services, including without limitation our customizable booking software and content, (together with the Site our “Services”). These End User Terms are effective as of the date you first use the Services.
By clicking “I agree” and accessing, using, or receiving the Services, you agree to read, comply with, and be legally bound by: (1) these End User Terms and (2) if applicable, any agreements between us and any third-party on whose behalf you access the Services or who has provided access to the Services through its agreement with us, including without limitation, the Subscription Services Agreement (together with these End User Terms, the “Agreement”). In the event of any conflict or inconsistency between these End User Terms and the Subscription Services Agreement, the applicable terms of the Subscription Services Agreement will govern.
1. ACCESS TO AND USE OF THE SERVICES
(a) Authorization. Subject to the terms and conditions of the Agreement, Occasion hereby grants you a non-exclusive, non-transferable right to access and use the Services.
(b) Use Restrictions. You may not use the Services for any purposes beyond the scope of the access granted in the Agreement and you shall not: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component or source code of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights or other rights of any person, or that violates any applicable law; (vi) access or use the Services for purposes of competitive analysis of the Services, the development, provision, or use of a competing software service or product or any other purpose that is to Occasion’s detriment or commercial disadvantage; (vii) upload, transmit, or otherwise provide to or through the Services, any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful code or virus; (viii) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Services or Occasion’s provision of services to any third party, in whole or in part; (ix) bypass or breach any security device or protection used by Occasion or access or use the Services, or (x) if applicable, use the Services in violation of the Acceptable Use provisions included in the Subscription Services Agreement.
(c) Links to Third Party Websites. Occasion’s Site may include links to other websites or services solely as a convenience to you. You acknowledge and agree Occasion is not responsible for the availability of such external sites or resources and that Occasion does not endorse and is not responsible or liable for any such linked sites or other information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, we make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Your access to and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
(d) Termination. We reserve the right, with or without notice and in our sole discretion, to terminate these End User Terms or your ability to access or use the Services for any reason. You agree that we will not be liable to you or any third party for any such termination.
(e) User Content. In using the Services, you may upload, import into, or create text, information, communication, or material, such as audio files, video files, or images (collectively, “User Content”). Although we reserve the right to edit or remove content that violates these End User Terms, you acknowledge and accept responsibility and liability for the User Content you post.
(a) Ownership. We own or license all rights, title and interest, including all Intellectual Property Rights, in and to the Services, including without limitation, all software and code that comprise and operate our Services. For purposes of the Agreement, “Intellectual Property Rights” means, on a worldwide basis, all patents, trademarks, service marks, trade name rights, logos, drawings, inventions, copyrights, mask works, samples, processes, moral rights, rights of publicity, rights of ownership, designs, design rights, trade secrets, specifications, instruction manuals, technology, materials, know-how, information, data, goodwill, improvements and writings, and any applications, registrations or common law rights in any of the foregoing, as applicable.
(b) De-identified Data. We may aggregate, de-identified or anonymized data User Content (“De-identified Data”) derived from the User Content for use in improving our Site, the Services or any other lawful purpose. Occasion owns all right, title, and interest to the De-identified Data.
(c) Reservation of Rights. Occasion reserves all rights not expressly granted to you in these End User Terms. Except for the limited rights and licenses expressly granted under these End User Terms, nothing in these End User Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any Intellectual Property Rights or other right, title, or interest in or to the Services or any and all intellectual property provided to you or any visitor in connection with the foregoing.
(d) Feedback. You may, at your own discretion, choose to provide us with ideas, suggestions, proposals, or bug or crash reports for the Services (“Feedback”). In such event, you agree that we are the owner of such Feedback, and we are free to use it for our business purposes, including by incorporation into the Services without any payment or attribution or other obligation to you.
3. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OCCASION EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES, OR ANY OF THE RESULTS FROM THE USE THEREOF, WILL MEET YOUR, OR ANY THIRD PARTY’S REQUIREMENTS, INTEGRATE WITH ANY THIRD PARTY PRODUCTS OR SERVICES, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICES OR BE SECURE, ACCURATE, OR COMPLETE.
WE EXPRESSLY DISCLAIM THAT THE SERVICES WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, BUGS, WORMS, OR OTHER HARMFUL CODE OR SOFTWARE.
WE DO NOT REPRESENT THAT ANY DATA, COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER INFORMATION THAT WE COLLECT, STORE, OR TRANSMIT IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES WILL NEVER BE ERRONEOUSLY DELETED OR MISDELIVERED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
4. LIMITATION OF LIABILITY
IN NO EVENT SHALL OCCASION OR ITS PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, OR AGENTS (“REPRESENTATIVES”) BE LIABLE TO YOU UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF PREVIOUSLY APPRISED OF THE POSSIBILITY THEREOF), WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTORY OR ANY OTHER LEGAL THEORY OR FOR ANY ERROR OR INTERRUPTION OF USE; INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES OR PROFITS; LOSS OF GOODWILL OR REPUTATION; OR COST OF REPLACEMENT GOODS OR SERVICES.
THE AMOUNT OF OCCASION’S LIABILITY TO YOU UNDER ANY AND ALL CLAIMS FOR LOSS OR LIABILITY BASED UPON, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT SHALL IN NO CASE EXCEED THE AMOUNT OF $500 USD.
5. COPYRIGHT LAW VIOLATIONS
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (“DMCA”). If you believe that your intellectual property rights have been infringed, please visit our DMCA policy at https://www.occasion.app/dmca.
(a) Governing Law and Venue. This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice of law provisions. Any legal suit, action, or proceeding arising out of or relating to this Agreement or the licenses granted hereunder will be instituted exclusively in the United States District Court for the Northern District of Illinois or the applicable trial courts with jurisdiction in Chicago, Illinois, whichever is applicable and each party irrevocably submits to the jurisdiction of such courts in any suit, action, or proceeding.
(b) Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under these End User Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
(c) Survival. The provisions of these End User Terms which by their nature are intended to survive the termination or cancellation of these End User Terms and shall continue as valid and enforceable obligations notwithstanding any such termination or cancellation.
(d) Severability. If any part of these End User Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, any warranty disclaimers and limitations of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these End User Terms shall continue in effect.
(e) Headings. The headings used in these End User Terms are included for convenience only and will not limit or otherwise affect this Agreement.
(f) Changes. We may, in our sole discretion, modify or revise these End User Terms at any time. Although we may attempt to notify you when major changes are made to these End User Terms, from time to time you should review the most up-to-date version here at https://www.occasion.app/terms. By continuing to access and use the Services, you agree to be bound by such modifications or revisions.
(g) Entire Agreement. These End User Terms (together with any agreements between us and any third-party on whose behalf you access the Services or who has provided access to the Services through its agreement with us, including without limitation, the Subscription Services Agreement) comprises the entire agreement between you and us and supersedes all prior agreements between you and us regarding the subject matter contained herein.