Upcoming Terms of Service changes

Perspexi Labs, LLC doing business as O3 Powered, and herein referred to as "O3".

We always publish changes to our terms of service in advance so that our customers can comfortably review the terms and ensure that they wish to continue abiding by the agreement and using our services.

The upcoming changes in our terms of service are designed to help you, our customer, better understand the role that you play, and the role that we at O3 play, in maintaining compliance with various text messaging regulations. We want to help you stay in compliance because we truly believe that text messaging is one of the best ways to reach your customers.

These terms will become active on January 7, 2019. Your continued use of O3 products indicates your agreement to these terms.


TERMS OF SERVICE AGREEMENT

Welcome to Perspexi Labs, LLC doing business as O3 Powered, and herein referred to as "O3" or “the Site”. By accessing or using our Site and our Services, you hereby agree to be bound by these Terms of Service (or “Terms”). Any Users or prospective Users are encouraged to read the Terms before using the Site. If you object to anything in this Agreement or the O3 Privacy Policy then please do not use our Site or our Services.

1. Electronic Agreement; Modifications

This Agreement is legally binding and governs the relationship with our Users and others which may interact or interface with and our subsidiaries and affiliates, in association with the use of the Site and its Services, which shall be defined below. This Agreement is subject to change by O3 at any time, effective upon posting it on the Site. Your continued use of the Service following O3’s posting of revised Terms will constitute your express and binding acceptance of and consent to the revised agreement.

2. Services Offered

The Site is a software-as-a-service (SaaS) subscription website which provides software and technology products for businesses and health professionals.

Any and all visitors to our Site, despite whether they are registered or not, shall be deemed as "Users" of the herein contained Services provided for the purpose of this Agreement. Once an individual creates an account the User shall then be considered a "Member."

The User and/or Member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of O3. At its discretion, O3 may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. O3 does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products.

You, as the end User and/or Member, acknowledge, accept and agree that O3 shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable Terms should be made by you to ensure you are aware of all Terms and in effect. Should you not agree to the updated, revised or modified Terms, you must stop using the provided Services forthwith.

Furthermore, the User and/or Member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such O3 shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store User content, communication or personalization settings.

3. Member Registration

To register and become a Member of the Site, you must be at least 18 years of age. In addition, you must be in good standing and not an individual that has been previously barred from receiving O3's Services under the laws and statutes of the United States or other applicable jurisdiction.

When you register, O3 may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with O3 and sign in to our Services, you are no longer anonymous to us. Please review our Privacy Policy for details on the information we collect and how we use and store that information.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and

b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, O3 will have sufficient grounds and rights to suspend or terminate the Member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of O3 Services, or any portion thereof.

It is O3's priority to ensure the safety and privacy of all its visitors, Users and Members, especially that of children. It is not possible to register for a Member account if you are not 18 years of age. Therefore, it is for these reasons that the parents of any child under the age of 13 that permit their child or children access to the O3 website platform Services must do so under the parent’s account, designated as a “family account,” which will certify that the individual creating the "family" account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the "family" account. As the creator of the "family" account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, dashboards, message boards, email, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.

4. Account Creation and Security

When you set up an account, you are the sole authorized User of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any User(s) that access your account information that, if undertaken by you, would be deemed a violation of the Terms. It shall be your responsibility to notify O3 immediately if you notice any unauthorized access or use of your account or password or any other breach of security. O3 shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the Agreement.

5. Your Use of the Services

As a User or Member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by O3.

Furthermore, you herein agree not to make use of Services for the purpose of:

a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in O3’s sole and reasonable discretion;

b) causing harm to minors in any manner whatsoever;

c) impersonating any individual or entity, including, but not limited to, any O3 officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;

e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;

f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;

h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other Users' ability to participate in any real time interactions;

j) interfering with or disrupting any O3 Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;

k) employing any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion.

l) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Federal Communications Commission or the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

m) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;

n) "stalking" or with the intent to otherwise harass another individual; and/or

o) collecting or storing of any personal data relating to any other Member or User in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

O3 herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, Users and/or Members.

O3 herein reserves the right to access, preserve and/or disclose Member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

a) compliance with any legal process;

b) enforcement of this Agreement;

c) responding to any claim that therein contained content is in violation of the rights of any third party;

d) responding to requests for customer service; or

e) protecting the rights, property or the personal safety of O3, its visitors, Users and Members, including the general public.

O3 herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by O3 or any other content providers supplying content services to O3. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

6. Cautions for Global Use and Export and Import Compliance

Due to the global nature of the Internet, through the use of our Site you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our Site, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).

Furthermore, you state and pledge that you:

a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;

b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;

c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and

d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

7. Ownership of Your Content; Licenses

O3 does not claim ownership of Your Content. However, with respect to Your Content, you grant O3 a worldwide, royalty-free, irrevocable, and non-exclusive license(s) to use, publish, distribute, modify, reproduce, sell, and publicly display such content on the Service or elsewhere, for any purpose whatsoever including without limitation monetary gain.

In the event that you send any unsolicited ideas, suggestions, or feedback to O3 (collectively, the “Feedback”), you acknowledge and agree that such Feedback is non-confidential and non-proprietary to you, and you grant to O3 a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such Feedback for any reason or purpose, without attribution or compensation to you.

8. Indemnity by You

You agree to indemnify and hold O3, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

a) your use of the Service and/or Site in violation of this Agreement and/or arising from a breach of these Terms including without limitation your representations and warranties set forth above;

b) any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Site, and/or your making available thereof to other Users of the Site, and/or the actual use of Your Content by other Users of the Services in accordance with these Terms and the parameters set by you with respect to the distribution and sharing of Your Content; and

c) any activity related to your account, either by you or any other person accessing your account with or without your consent unless such activity was caused by O3.

9. Commercial Use of Services

The Member or User herein agrees not to replicate, duplicate, copy, trade, sell, resell, scrape, aggregate, repurpose, nor exploit for any commercial reason any part, use of, or access to O3's sites.

10. Use and Storage General Practices

You herein acknowledge that O3 may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by O3, nor the maximum number of email messages that may be sent and/or received by any Member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on O3's servers on the Member's behalf, and/or the maximum number of times and/or duration that any Member may access our Services in a given period of time.

In addition, you also agree that O3 has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, O3 shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

11. Modifications

O3 shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

12. Termination of Your Account

As a Member of the Site, you may cancel or terminate your account and associated access to our Services by submitting a cancellation or termination request to admin@o3powered.com.

As a Member, you agree that O3 may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

a) any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline;

b) by way of requests from law enforcement or any other governmental agencies;

c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;

d) unexpected technical or security issues and/or problems;

e) any extended periods of inactivity;

f) any engagement by you in any fraudulent or illegal activities; and/or

g) the nonpayment of any associated fees that may be owed by you in connection with your account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account shall include any and/or all of the following:

a) the removal of any access to all or part of the Services;

b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and

c) the barring of any further use of all or part of our Services.

13. Text Messaging Compliance

O3 maintains its status as a common carrier. As a registered Member, you are responsible for who receives your text message communications, when they receive them, and the contents of those messages. You also agree to use services in a transactional manner only, and not to distribute unsolicited marketing messages at any time. You agree to use the Service in accordance with all applicable guidelines, as well as all state and federal laws that the Services are subject to. In order to confirm your compliance with these Terms, so as to ensure that O3 is complying with national and international laws, we may, from time to time, periodically check the messages that you send.

You represent and warrant that the owners of the phone numbers you initiate messages to through the Service have consented or otherwise opted-in to the receipt of such messages as required by any applicable law or regulation. You agree to maintain accurate records of such agreements, and you agree not to use O3 products to send text messages to any recipient who has not consented or authorized you to communicate with them via text message. You agree that you will include clear opt-out/unsubscribe information in your messages when required to do so by any applicable law or regulation if it is applicable to your messages.

You agree to familiarize yourself with and abide by all applicable local, state, national, and international laws and regulations pertaining to your use of our Services. You are solely responsible for all acts or omissions that occur under your account, including, without limitation, the content of the messages and broadcasts that you create and initiate through our Services. The Telephone Consumer Protection Act (TCPA), Federal Trade Commission and Federal Communications Commission rules, the National DNC list registry rules, and various state laws, rules, and regulations place restrictions on certain types of phone calls and text messages. Without limiting the foregoing, you agree to familiarize yourself with the legal requirements triggered by any messages, calls, broadcasts, and campaigns transmitted through the Services by visiting the following websites:

O3 is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy, and it is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, broadcasts, and campaigns prior to using the Site or Services. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns.

You agree to hold O3 harmless for any infractions, judgements, and proceedings that may arise from improper use of the messaging medium or communication with individuals you contact through our services.

14. Advertisers

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services shall be solely between you and any such advertiser. Moreover, you herein agree that O3 shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website. Use of advertisers’ websites including the information, materials, products, and services on or available through them is solely at your own risk.

15. Links

Either O3 or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that O3 shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

16. Proprietary Rights

You do hereby acknowledge and agree that O3's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by O3 or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on O3 Services (e.g. Content or Software), in whole or part.

O3 herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by O3 for use in accessing our Services.

17. Warranty Disclaimers

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF O3 SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. O3 AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b) O3 AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) O3 SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) O3 SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE O3 SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF O3 SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM O3 OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

18. Limitation of Liability

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT O3 AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

a) THE USE OR INABILITY TO USE OUR SERVICE;

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS (Section 17) AND LIMITATION OF LIABILITY (this Section) MAY NOT APPLY TO YOU.

RELEASE

In the event you have a dispute, you agree to release O3 (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

19. Special Admonition Related to Financial Matters

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. O3's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. O3 and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

20. Third-Party Beneficiaries

You herein acknowledge, understand and agree, unless otherwise expressly provided in this Agreement, that there shall be no third-party beneficiaries to this Agreement.

21. Communications from O3

O3 may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Agreement by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

22. Intellectual Property

You herein acknowledge, understand and agree that all of the O3 trademarks, copyright, trade name, service marks, and other O3 logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of O3. You herein agree not to display and/or use in any manner the O3 logo or marks without obtaining O3's prior written consent.

O3 will always respect the intellectual property of others, and we ask that all of our Users do the same. With regards to appropriate circumstances and at its sole discretion, O3 may disable and/or terminate the accounts of any User who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;

c) A description of the location of the site which you allege has been infringing upon your work;

d) Your physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

The O3 Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:

O3
Attn: Copyright Agent
3215 Forrester Dr
Pearland, Texas 77584

Telephone: (346) 333-0103
Email: info@o3powered.com

23. Entire Agreement

This Agreement, along with the O3 Privacy Policy, constitutes the entire agreement between you and O3 and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to O3 Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other O3 Services, affiliate Services, third-party content or third-party software.

24. Availability Outside the United States

If you access O3 from outside of the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Site or Service from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement the O3 Privacy Policy. You agree to use our Services only for communicating with your customers who are in the United States.

25. Jurisdiction and Choice of Law

If there is any dispute arising out of the Site and/or the Service, by using the Site and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, United States without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas, for the resolution of any such dispute.

Acceptance of the Terms of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Texas with the same force and effect as if such service had been made within the State of Texas. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

26. Waiver and Severability

At any time, should O3 fail to exercise or enforce any right or provision of the Terms, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

27. No Right of Survivorship

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Terms must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.

28. Violations

Please report any and all violations of this Agreement to O3 as follows:

Mailing Address:

O3
3215 Forrester Dr
Pearland, Texas 77584

Telephone: (346) 333-0103
Email: info@o3powered.com

O3 reserves all rights not expressly granted in these Terms.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Last updated: December 31, 2018