PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF OCTET LABS, INC., ITS AFFILIATES OR AGENTS (“OCTET LABS”, “WE”, “OUR”) WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE “SITE”) IN ANY WAY, INCLUDING BUYING ANY PRODUCTS WE SELL ON THE SITE, THROUGH A POP-UP SHOP OR IN ANY OTHER PHYSICAL RETAIL LOCATION (“PRODUCTS”) OR OTHER SERVICES ENABLED VIA THE SITE ( “SERVICES”) BY OCTET LABS, INCLUDING THE CREATION AND USE OF USER ACCOUNTS, AND/OR MERELY BROWSING THE SITE, YOU REPRESENT AND WARRANT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, (2) YOU ARE OF LEGAL AGE UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH OCTET LABS, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SITE. THESE TERMS OF USE SET FORTH THE AGREEMENT BETWEEN YOU AND OCTET LABS WITH RESPECT TO THE SITE, PRODUCTS AND SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.

SECTION 23.4 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 23.4 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Use are inconsistent with such Supplemental Terms, the Supplemental Terms shall take precedence with respect to such Service. These Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms of Use.”

Subject to Section 23.4.4 of the Terms of Use, OCTET LABS reserves the right to modify the Terms of Use or its policies relating to the Services at any time, effective upon posting of an updated version of the Terms of Use or any applicable Supplemental Terms on the applicable Services and will constitute notice to you. You should regularly review the Terms of Use, as your continued use of the Services after any such changes after we provide notice to you constitutes your agreement to such changes. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified.

REGISTRATION. You may simply browse the Site, or you may register with OCTET LABS and create an “Account”. You do not have to have an Account to order Products. You must, however, only provide us with true, accurate, current and complete information for your Account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).

ACCOUNT INFORMATION. When you set up an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all Orders (as defined below) and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use. To the extent permitted by applicable law, and unless such loss or damage is due to the breach or willful misconduct of OCTET LABS, in no event and under no circumstances will OCTET LABS be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of OCTET LABS under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization.

ORDERS. These Terms of Use shall govern any order you make through the Site for Products (such order, an “Order”). OCTET LABS only ships currently to addresses in the United States, Canada, Australia, the U.K. and the E.U.

Order Acceptance. When you place an Order, we will confirm your address by sending an email to the email address you have provided and/or calling you to verify your Order. Your placement of an Order through our Site is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s). Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. Your Order will be deemed accepted by OCTET LABS upon our shipment of the Products that you have ordered. We may require additional verifications or information before accepting any Order. All Products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the Products passes to you when OCTET LABS provides the Product(s) to a common carrier. Any estimated shipping date provided by OCTET LABS is based on Product availability and payment processing time, and does not include transit time.

Order Issues. For any reason, we reserve the right to decline to accept your Order or any part of your Order on reasonable grounds or where permitted by these Terms of Use. If some of the Products in your Order are temporarily out of stock, we will notify you in writing at the email address you provided of any Products that cannot be fulfilled and will work with you in good faith to find a suitable replacement for such items. If we are unable to find a suitable replacement, we will ship the available Products only and provide a refund for any out of stock Products. If we decline to accept your Order, we will notify you in writing at the email address you provided.

Order Cancellation. If any Product is discontinued or otherwise becomes unavailable, OCTET LABS reserves the right to cancel your order and provide you a refund for the amount paid for the Product.

Returns and Exchanges. All sales of Products are subject to our then-current return policies, as posted on the Site and made available to you when you placed an Order through our Site. The most current version of the return and exchange policy is available at our Returns & Exchanges Page.

Restrictions on Resale. To protect the intellectual property rights of OCTET LABS and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. OCTET LABS reserves the right to decline any order that we deem to possess characteristics of reselling. OCTET LABS actively protects its intellectual property rights and will not hesitate to do so upon learning of any unauthorized resale of its Products.

International Importation. For Canadian, UK and EU customers, this wording is required to appoint you as the importer for the goods and to authorize our customs broker to import the goods on your behalf. As the goods are being shipped from outside Canada, the UK or EU, you, and not OCTET LABS, will be the importer of the goods into your country and will be liable to pay any taxes, GST, VAT and/or customs duties due on the goods. To make things easier for you and to speed up the delivery of your order, we have arranged for our customs broker to act on your behalf to import the goods and deal with any customs formalities (e.g. file any customs declarations). You agree to our customs broker dealing with customs formalities and paying any taxes, GST, VAT and/or customs duties in your name and on your behalf. You acknowledge that these taxes and charges are already included in the order total set out at check-out and charged to my payment method.

FEES AND PURCHASE TERMS.

Payment. To pay for an Order, you will need to provide OCTET LABS with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Site to pay for such Order. You may pay for your Order via credit card or any other manner then available on the Site, including but not limited to through Affirm, PayPal, Google Pay or Amazon Pay (each, a “Payment Provider”). By submitting your payment information, you are making payment for your Order and authorize us to charge the applicable Payment Provider at our convenience but within thirty (30) days of credit card authorization. You represent and warrant that you will not use any Payment Provider unless you have all necessary authorization to do so. We assume that because Orders require a valid credit card, only persons age 18 or over are placing Orders, and providing us with the information requested during the Order process. We shall not be liable in the event your children or others acting with or without your permission use your credit card or other means of payment to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so under your supervision); however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.

Third Party Provider. Our store is hosted on Shopify Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our Products to you, and provide payment services to us (e.g., credit card transaction processing, merchant settlement and related services). By purchasing any Product, you agree to be bound by Shopify’s Payments Terms of Use, available at https://www.shopify.com/legal/terms-payments-us and Privacy Policy available at https://www.shopify.com/legal/privacy . You hereby consent to provide and authorize OCTET LABS and Shopify to share any information and payment instructions you provide to the minimum extent required to complete payment transactions. Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes cannot be purchased. Promo Codes may only be used once per person. Only Promo Codes sent to you through official OCTET LABS communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.

PRICING AND PRODUCTS. We make reasonable efforts to display our Products and their colors as accurately as possible. Having said that, the displayed colors of the Products will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colors of the Products. Products displayed may be out-of-stock or discontinued, and prices are subject to change prior to submission of an Order. We cannot confirm the price of an item until prior to you paying for the Order. Despite our best efforts, a small number of the items on our Site may be mispriced. To the extent permitted by applicable law, we are not responsible for typographical errors regarding price or any other matter and reserve the right to correct any such errors at any time. All prices do not include shipping and handling, GST, VAT, sales taxes, or any customers charges or duties (including brokerage fees) which, if applicable, will be added to your total purchase price prior to you paying for the Order. You are responsible for the payment of any shipping and handling charges, state, GST, VAT, provincial and local sales or use taxes, and customs charges or duties (including brokerage fees) that may apply to your Order.

PROMOTIONAL OFFERS. We may run promotional offers from time to time on the Site. The terms of any such promotion will be posted on the Site. You acknowledge that you have read and understood the applicable terms for information related to any such promotion. Each promotional terms are incorporated by this reference into, and made a part of, these Terms of Use. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Promotional offers may not be available in your jurisdiction.

OWNERSHIP. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site and/or Services (“Our Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology.

Trademarks. Certain of the names, logos, and other materials displayed on Products, the Site or in the Services constitute trademarks, trade names, service marks, logos, graphics, designs or other commercial symbols (“OCTET LABS Marks”) of OCTET LABS or other entities. You are not authorized to use any such Marks. Ownership of all such OCTET LABS Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms of Use.

Usage. Subject to these Terms of Use, OCTET LABS grants you a limited license to reproduce portions of the information and content available on the Site and in the Services for the sole purpose of using the Site and Services for your personal or non-commercial purposes. Unless otherwise specified by OCTET LABS in a separate license, your right to use such materials that you access or download through the Site or the Services is subject to the Terms of Use.

Third-Party Materials. As a part of the Site and/or Services, you may have access to materials that are hosted by another party. You agree that it is impossible for OCTET LABS to monitor such materials and that you access these materials at your own risk.

RULES REGARDING INFORMATION AND OTHER CONTENT. When you access the Site and/or Services, you obtain access to various kinds of information and materials, all of which we call “Content.” You agree not to revise Content posted by others, and you represent and warrant that you will not post any Content in any manner that: Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; Violates the applicable privacy, publicity, or other rights of third parties or any other applicable law, statute, ordinance or regulation; Is false or inaccurate or becomes false or inaccurate at any time; Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion; Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others; Misrepresents your identity in any way; Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; Advocates or encourages any illegal activity; or Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You access the Site and Services at your own risk. We may, but are not obligated to, remove Content from the Site for any reason, including if we determine or suspect that such Content violates these Terms of Use. We are merely acting as a passive conduit for such distribution and, to the extent permitted by law, we take no responsibility for your exposure to Content on the Site or through the Services whether it violates our content policies or not.However, when you as a user post or publish Content that you upload, post, e-mail, transmit or otherwise make available on the Site (“Your Content”), you grant OCTET LABS a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, create derivative works from, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Site. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not OCTET LABS, are responsible for all of Your Content on the Site.

GENERAL RULES OF USER CONDUCT. It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit the Products or any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:Conduct or promote any illegal activities while using the Site or Services;Upload, distribute or print anything that may be harmful to minors;Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;Use the Site or Services to generate unsolicited email advertisements or spam;Use the Site or Services to stalk, harass or harm another individual;Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; orMirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.

FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products, the Site or the Services (collectively “Feedback”), you agree we may use the Feedback to modify our Products, Site and Services and that you will not be due any compensation, including any royalty related to the Product or Service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate written agreement with you that provides otherwise.

MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services with or without notice to you. To the full extent permitted by law, we will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. You may need to update third-party software from time to time in order to use the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion and exercised reasonably, may immediately terminate your access to the Site and Services at any time, for any reason. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES. All provisions of the Terms of Use which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, limitation of liability and dispute resolution.

THIRD PARTY CONTENT AND OTHER WEBSITES. Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Site and/or the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any warranties, representations, endorsements or guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The Site and Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the Site and/or Services you may be exposed to third-party websites that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the Site or Services. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Site and Services may contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.

PRIVACY POLICY. You acknowledge that you have read and understood the terms of the OCTET LABS Privacy Policy for information relating to our collection, use, storage, disclosure of your personal information.

DISCLAIMER OF WARRANTIES. SUBJECT TO APPLICABLE LAW TO THE CONTRARY, THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY OCTET LABS “WITH ALL FAULTS” AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OCTET LABS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR COLLATERAL, AS TO THE OPERATION OF THIS SITE OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS OF QUALITY, DURABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.SUBJECT TO APPLICABLE LAW TO THE CONTRARY, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE PRODUCTS, SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS, SITE OR SERVICES, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED OTHER THAN AS SET OUT IN OUR RETURNS POLICY. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL AND/OR USE OF ANY PRODUCT, UNLESS SUCH LOSS OR DAMAGE IS DUE TO THE WILLFUL MISCONDUCT OF OCTET LABS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, SERVICES, OR OTHERWISE WILL CREATE ANY WARRANTY, CONDITION, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE.

LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO SELL THE PRODUCTS AND PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND SUBJECT TO ANY NON-EXCLUDABLE CONSUMER RIGHTS YOU MAY HAVE, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES OR USE OF THE PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO YOUR NON-EXCLUDABLE CONSUMER RIGHTS BELOW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE, THE SERVICES OR THE PRODUCTS IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE TOTAL AMOUNT OF THE PRODUCT ORDER(S) GIVING RISE TO OUR LIABILITY AND (II) FIFTY DOLLARS (U.S. $50.00).Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability, including for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or condition or guarantee or limit liabilities, the scope and duration of such warranty or condition or guarantee and the extent of our liability will be the minimum permitted under such applicable law.

INDEMNIFICATION. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless OCTET LABS, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents (“OCTET LABS Parties”), from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' or legal fees and court costs) that such parties may incur as a result of or arising from: (i) your unauthorized use of, or misuse of, the Products, Site or Services; (ii) your violation of any portion of these Terms of Use; (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services. OCTET LABS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is OCTET LABS’s policy to terminate Site privileges of any user who repeatedly infringes copyright upon prompt notification to OCTET LABS by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site and/or Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Site and/or Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for OCTET LABS’s Copyright Agent for notice of claims of copyright infringement is as follows: OCTET LABS, LLC, 330 Washington St, #423, Hoboken, NJ 07030, info@octetlabs.com.

ELECTRONIC COMMUNICATIONS. We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section informs you of your rights when receiving Communications from us electronically. For contractual purposes, by using our Site and Services, you (i) consent to receive communications from us in an electronic form and as further described in our Privacy Policy; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent (excluding consent to receive marketing communications), from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

INTERNATIONAL USERS. This Site can be accessed from countries around the world and may contain references to services and Products that are not available in your country. These references do not imply that OCTET LABS intends to announce such services or Products in your country. The Site and Services are controlled and offered by OCTET LABS from its facilities in the United States of America. OCTET LABS makes no representations that the Site or the Products are available for use in other locations. Those who access or use the Site or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. The following provisions shall apply only if you are located in the countries listed below.

United Kingdom. A third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.

Germany. Notwithstanding anything to the contrary in Section 14, OCTET LABS is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).

GENERAL Assignment. These Terms of Use, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without OCTET LABS’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Questions and Complaints. If you believe that OCTET LABS has not adhered to these Terms of Use, please contact OCTET LABS by emailing us at info@octetlabs.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

Limitations Period. TO THE FULLEST EXTEND PERMITTED BY APPLICABLE LAW, YOU AND OCTET LABS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE PRODUCTS, THE SITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dispute Resolution, Mandatory Arbitration, Class Action and Jury Trial Waiver. Please read the following arbitration agreement in this Section 23.4 (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with OCTET LABS and limits the manner in which you can seek relief from us. The terms “OCTET LABS,” “we” or “us” when used in this Arbitration Agreement are defined to include the OCTET LABS Parties.

Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Site, to any Products sold or distributed through the Site, to any of our advertising for the Site or the Products, or to this Agreement, or to any aspect of your customer relationship with OCTET LABS, will be resolved by binding arbitration, rather than in court, except that (1) you or we may assert claims in small claims court if the claims qualify and remain solely in such court; and (2) you or OCTET LABS may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, National Registered Agents, Inc. 160 Greentree Dr. Ste 101, Dover, DE 19904. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available athttp://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available athttp://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available atwww.jamsadr.comor by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, OCTET LABS will pay them for you. In addition, OCTET LABS will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Authority of Arbitrator. The arbitrator shall have exclusive authority to (A) determine the scope and enforceability of this Arbitration Agreement and (B) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and OCTET LABS. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and OCTET LABS.

Waiver of Jury Trial. YOU AND OCTET LABS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and OCTET LABS are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 23(d)(i) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then that claim for relief, and only that claim for relief, must be severed from the arbitration and brought into the state or federal courts located in Los Angeles County, California. All other claims shall be arbitrated.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: info@octetlabs.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your OCTET LABS username (if any), the email address you used to set up your OCTET LABS account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with any of the OCTET LABS Parties, or that may enter into in the future, with any OCTET LABS Parties.

Severability. Except as provided in subsection 23.4.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

Survival of Agreement. This Arbitration Agreement will survive the termination of the Agreement or the termination of your relationship with OCTET LABS.

Modification. Notwithstanding any provision in the Terms of Use to the contrary, we agree that if OCTET LABS makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing OCTET LABS at the following email address: info@octetlabs.com.

Violations. If we become aware of any possible violations, or if we, in our sole discretion, determine that you breached any portion of these Terms of Use or have otherwise demonstrated conduct inappropriate for our Site or Services, we reserve the right to: (i) investigate your behavior, including your possible violations; (ii) refer the matter to, and cooperate with any and all applicable legal authorities; (iii) disclose any information on our Site or Services to comply with applicable laws, legal processes or governmental requests; (iv) deactivate your Account and cancel your Product purchase(s); (v) enforce these Terms of Use; and (v) pursue any other action that we deem to be appropriate.

Governing Law. Unless otherwise stated below, the Terms of Use and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.

Choice of Language. It is the express wish of the parties that these Terms of Use and all related documents have been drawn up in English.

Export Control. To the maximum extent permissible under applicable law, you may not use, export, import, or transfer any Products or OCTET LABS materials except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Products or OCTET LABS materials, and any other applicable laws. In particular, but without limitation, to the maximum extent permissible under applicable law, the Products or OCTET LABS materials may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Products or OCTET LABS materials, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Products or OCTET LABS materials for any purpose prohibited by U.S. or other applicable law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by OCTET LABS are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer OCTET LABS products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

Release. You hereby release the OCTET LABS Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site and/or Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms of Use or your use of the Site and/or Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or the released party.

Force Majeure. Without limiting the foregoing, under no circumstances will OCTET LABS be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of transportation facilities, fuel, energy, labor or materials, fires, floods, storms, explosions, acts of God, pandemics, war, acts of civil or military authorities, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Notice. Where OCTET LABS requires that you provide an e-mail address, you are responsible for providing OCTET LABS with your most current e-mail address. In the event that the last e-mail address you provided to OCTET LABS is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms of Use, you agree that OCTET LABS’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to OCTET LABS at the following address: 330 Washington St, #423, Hoboken, NJ 07030 and by e-mailing info@octetlabs.com. Such notice shall be deemed given when received by OCTET LABS by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

Waiver. Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Severability. If any provision of the Term of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Survival. All disclaimers, and exclusions in these Terms of Use shall survive termination or expiry of these Terms of Use.

Entire Agreement. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

LAST UPDATED October 4, 2024