Oyster Integrated Services, Inc

Terms of Services

 

Parties: This Terms of Services Agreement (“AGREEMENT”) is made and entered into this _______ day of _______________, 20____, by and between OIS, Inc  and _______________________________________ (“CAMPER”), residing at _______________________________________.

Whereby:
1. OIS wishes to provide online training services (“LEARNBAPP.COM”) to CAMPER for a period of ___ weeks, commencing ___________________, 20____.

2. CAMPER wishes to use LEARNBAPP.COM training serives on how to become a software developer from mentor(s) that are experienced in the technology.

 

1. LEARNBAPP.COM
LEARNBAPP.COM and all other websites and domains affiliated with OIS (collectively, “WEBSITE”) are owned and operated by OIS, Inc. All content on WEBSITE (“CONTENT”) is copyright of OIS.
CAMPER grants OIS universal, non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right, to use in any way desired, any content, such as but not limited to, images, documents, videos, blog posts, exams, forum posts, questions, answers, or notes that are submitted via WEBSITE (“SUBMISSIONS”).
From time to time, the functionality and services offered on the WEBSITE and in the classes (“SERVICES“) may change in order for OIS to better operate its business. OIS may impose limits or remove functionality for CAMPER on the Website at any time and without notification or liability to the CAMPER. OIS reserves the right to change, suspend, or terminate any SERVICES on the WEBSITE at its sole discretion without any notification.
OIS may, at any time, modify this AGREEMENT by posting updates to the AGREEMENT on the WEBSITE, or by sending CAMPER an email.
Use of SERVICES or the WEBSITE following such changes constitutes your acceptance of the AGREEMENT, as modified.

UNDER NO CIRCUMSTANCES WILL OIS BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

 

2. Nonrefundable Down Payment
To hold your place at LEARNBAPP.COM, a non-refundable down payment of $4000.00 is due within 7 days of OIS issuing the invoice for the down payment. There are no circumstances that will require OIS to ever refund any or part of this down payment; however, OIS, at its sole discretion, may choose to refund any or part of the down payment under extreme circumstances.

 

3. Remaining Balance
The remaining balance in the amount of $11,000 shall be paid in full 30 days prior to the start date of LEARNBAPP.COM (“DUE DATE”). If OIS is allowing financing options for LEARNBAPP.COM, a OIS Financing Application must be approved by the DUE DATE. It is CAMPER’s responsibility to find the means to pay for camp prior to the DUE DATE. Failure to pay or get approved financing will forfeit the Down Payment and access to LEARNBAPP.COM will not be allowed.

4. Minimum Age Requirements
Although there are no age requirements to enroll in LEARNBAPP.COM, you must be at least 18 years old to execute this AGREEMENT. If you are under 18 years of age, you must have your parent or guardian read and execute this AGREEMENT on your behalf. Failure to do so will render this AGREEMENT invalid, null and void, and you will not be able to use the SERVICES provided by OIS.

 

5. CAMPER’s Warranty
CAMPER warrants and agrees that no content will be contributed to the WEBSITE and no SERVICE will be used in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, right of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance, or regulation; (iii) is harmful, fraudulent, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) makes your account less secure in any way, such as allowing other to use your account to access WEBSITE. OIS reserves the right to remove any CONTENT from WEBSITE at any time and at its sole discretion, without notification.

6. No Competition
CAMPER agrees that he/she will not start or join a business that is in competition with LEARNBAPP.COM, nor affiliate, partner, or collaborate with individuals or companies that wish to become or already are in competition with LEARNBAPP>COM for a period of one (1) year following the execution of this AGREEMENT. In the event of a breach of this section, CAMPER will be liable for damages incurred by OIS to the fullest extent of the law.

 

7.  Early Dismissal
OIS may dismiss the CAMPER with written notice (“DISMISSAL”). OIS may, at its sole discretion, offer CAMPER an alternative LEARNBAPP.COM at a later time at any degree of discount, or lack thereof. In the event of DISMISSAL, CAMPER shall return any property of OIS issued to them. Immediate DISMISSAL will always result from (i) aggressive physical behavior; (ii) bigoted, racist, sexist, or hateful remarks or actions; (iii) disrespectful actions or speech direct to other students or OIS staff; (iv) action or inaction that results in other students’ learning being diminished; (v) attempts to hack or breach security of any system within OIS or using OIS facilities; (vi) attempts to contact OIS clients without permission, (vii) not attending class at the scheduled times without approved excuse, (viii) CAMPER acting unprofessionally, (ix) failure to obtain any hardware or software needed to complete SERVICES, (x) breaking any LEARNBAPP.COM or OIS equipment, (xi) failure to learn the material at a pace that is necessary to graduate, (x) failure to pass any required exams, (xi) failure to complete required lessons.

 

8. Assignment

CAMPER shall not have the right to assign this AGREEMENT, or any rights thereunder, to a third party without the written consent of OIS.

 

9. Waiver
No waiver by OIS of any of the terms or conditions hereof shall be effective unless said waiver shall be in writing and signed by an authorized representative of OIS waiving the provision or condition.

 

10. Indemnification

TO THE EXTENT PERMITTED BY LAW, CAMPER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS OIS, ITS AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, OR SERVANTS, FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, JUDGMENTS OR CAUSES OF ACTION OF ANY NATURE, FOR AND RELIEF, ELEMENTS OF RECOVERY OR DAMAGES RECOGNIZED BY LAW (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS) FOR ANY DAMAGE OR LOSS INCURRED BY OIS ARISING OUT OF, RESULTING FROM, OR ATTRIBUTABLE TO ANY ACTS OR OMISSIONS OR OTHER CONDUCT OF CAMPER IN CONNECTION WITH THE PERFORMANCE OF CAMPER’S DUTIES UNDER THIS AGREEMENT AND/OR THE PERFORMANCE OF CAMPER’S DUTIES FOR ANOTHER ORGANIZATION. OIS SHALL HAVE THE OPTION, AT ITS SOLE DISCRETION, TO EMPLOY ATTORNEYS SELECTED BY OIS TO DEFEND ANY SUCH ACTION, THE COSTS AND EXPENSES OF WHICH SHALL BE THE RESPONSIBILITY OF CAMPER. THIS INDEMNITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, AND OIS RESERVES THE RIGHT  TO, AT ITS OPTION AND EXPENSE, TO PARTICIPATE IN THE DEFENSE OF ANY SUIT OR PROCEEDING THOUGH COUNSEL OF ITS OWN CHOOSING.

 

11. Remedies

In the event of a breach of this AGREEMENT or a default by CAMPER, OIS shall have the right to any and all damages, including but not limited to, economic loss, loss of profit, revenue, loss of use of equipment, loss of business, loss of business opportunities, cost of capital, cost of substitute equipment, punitive damages, exemplary damages or any other or similar direct, indirect, incidental, special or consequential loss damage or expense arising out of or in connection with this AGREEMENT.

 

12. Confidentiality

CAMPER and OIS agree that this AGREEMENT and its terms are to be kept confidential and not be disclosed, unless required by law. The parties agree not to assist third parties in litigation or with other claims against the other party unless required to do so by law. The parties further agree that if they are ordered or subpoenaed to testify or produce information in connection with any claim against the other party to this AGREEMENT, they will provide notice to the other party and will allow the other party to interview their employees and view documents subject to the order or subpoena before responding to such order or subpoena.

13. Miscellaneous provisions
This AGREEMENT sets forth the entire understanding of the parties and supersedes any and all prior agreements, arrangements, representations or understandings relating to the subject matter hereof. The descriptive headings contained in this AGREEMENT are for convenience only and shall not control or affect the meaning or construction of any provision of this AGREEMENT. Within this AGREEMENT, words of any gender shall be held and construed to cover any other gender, and words in the singular shall be held and construed to cover the plural, unless the context otherwise requires. The parties make no representations, covenants, warranties, or guarantees, expressed or implied, other than those expressly set forth herein. The parties’ rights, liabilities, responsibilities, and remedies with respect to the services, whether in contract, tort, negligence or otherwise, shall be exclusively those expressly set forth in this AGREEMENT. The provisions of this AGREEMENT which by their nature are intended to survive the termination, cancellation, completion or expiration of the AGREEMENT, including, but not limited to, indemnities and any expressed limitations of or releases from liability, shall continue as valid and enforceable obligations of the parties notwithstanding any such termination, cancellation, completion or expiration.

 

14.Governing Law The parties agree and stipulate that this AGREEMENT shall be governed and construed in accordance with the laws of the State of Texas. The parties further agree that any suit, action, or other legal proceeding arising out of, or relating to, this AGREEMENT shall be brought in GALVESTON County, Texas district court.  The parties hereto have caused this AGREEMENT to be executed by their respective authorized representatives as of the date and warrant respectively that each has the full right and authority to so act.