Terms of Service

 

Please read these Terms of Service (“Terms”) carefully because they are a binding agreement between you and CruxOCM, Inc., including its affiliates (“CruxOCM”, “we”, “us”, or “our”).

These Terms govern your use of the website that links to these Terms. In these Terms, the word “Sites” refers to this website and any other websites owned or controlled by us. You automatically agree to these Terms simply by using or accessing the Sites.

We offer software and related services that support autonomous control room operations. Your use of CruxOCM software or services (collectively, “Services”) are provided by CruxOCM pursuant to a separate manually or digitally executed agreement that includes pricing, implementation details, term and termination language, risk provisions, and other terms that govern the use and application of the CruxOCM Services (“Client Agreement”). Use of our Services and use of the Sites is also governed by our Privacy Policy located at https://www.cruxocm.com/privacy (“Privacy Policy”).

Client Agreement and Privacy Policy

The provisions of the Client Agreement and the Privacy Policy become part of your agreement with us if you use and/or subscribe to our Services. The provisions of the Privacy Policy become part of your agreement with us if you use or access our Sites.

Modifications and Termination

We reserve the right to modify our Sites at any time, with or without notice to you. For example, we may add or remove content or features, and we may suspend or stop a particular feature altogether.

Your Use of the Sites

If you access our Sites, you agree not to use the Sites in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any features or content on the Sites. If we, in our sole discretion, determine that you have acted inappropriately or unlawfully while using or accessing our Sites, we reserve the right to take appropriate legal action.

Using our Site does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Sites unless you obtain permission from us, or unless you are otherwise permitted by law.

By providing us with your email address on the “Contact” tab of the Sites, you are agreeing that we may contact you at that email address in a manner consistent with our Privacy Policy. When you use a Site or send such a request for us to contact you through a Site, you are communicating with us electronically. You consent to receive electronical communication from us by email after you contact us, which will satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us and we take no responsibility or liability for communications sent to an incorrect email address that you submit to us.

Intellectual Property

If you believe any content on the Sites infringes your copyrights, you may request that we remove the content from the Site by emailing info@cruxocm.com.

Our Warranties and Disclaimers

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER CRUXOCM NOR ITS AFFILIATES, AGENTS, OR SERVICE PROVIDERS (THE “CRUXOCM ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Sites

EXCEPT WHERE PROHIBITED, THE CRUXOCM ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

Miscellaneous Provisions

We may modify these Terms at any time. By continuing to use a Site after these Terms have changed, you indicate your agreement to the revised Terms.

The Sites may contain links to third-party websites. We do not control or endorse those websites, or any goods or services sold on those websites.

These Terms are governed by and construed in accordance with the laws of the Province of Alberta, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms resides in the courts located in Calgary, Alberta, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a provision in these Terms is not enforceable, that will not affect any other provision.

 

02-02-2023