Terms of Service:
- OKSSLAB RESERVES THE RIGHT TO CHANGE THESE TERMS WITHOUT ADVANCE NOTIFICATION AND CONSENT OF THE CUSTOMER. IT IS YOUR SOLE RESPONSIBILITY TO KEEP UP-TO-DATE WITH THE LATEST TERMS.
- THE TERM “YOU” REFERS TO AN INDIVIDUAL WHO USES THE WEBSITE AND PLACES ORDERS FOR OKSSLAB’S PRODUCT FOR PERSONAL USE. IF YOU REPRESENT A LEGAL ENTITY OR ARE INTERESTED IN NON-PERSONAL USE OF OKSSLAB’S PRODUCT, PLEASE CONTACT US AT MB@UNDERDOGCHANCE.COM AND OKSSLAB WILL PROVIDE YOU WITH SPECIAL COMMERCIAL CONDITIONS.
- IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE AND PLACE ORDERS FOR OKSSLAB’S PRODUCT.
- Oksslab — Oksslab, Marjan Balasko s.p,, a legal entity organized and existing under the laws of the Republic of Slovenia and its affiliates, should any act as a vendor and/or a Website owner.
Address: Mojstrska 2, 9000 Murska Sobota, Slovenia
- Website — www.underdogchance.com.
- User – a person who accesses and uses the Website, regardless of the duration and results of such access and use. If otherwise not specified, ‘User’ means both a User and a Customer.
- Customer – a User who initiates an Order formation on the Website.
- Product – all goods presented for sale on the Website under the following Terms.
- Oksslab — Oksslab, Marjan Balasko s.p,, a legal entity organized and existing under the laws of the Republic of Slovenia and its affiliates, should any act as a vendor and/or a Website owner.
- Access to certain materials, video and other course content on the Services is made available for purchase (“Premium Services”). Your payment for any access to any Premium Services is subject to the following terms:
- Price; Payment Plans. The price for any Premium Services will be made available via the Services at time of purchase. You may pay for access to the Premium Services in full at the time of your purchase or pursuant to any installment payment plan that we make available.
- Installment Payment Plans. If you select an installment payment plan, you hereby grant Company permission to automatically charge the applicable Premium Services fee to your designated payment method at the beginning of each applicable payment period until all payments have been completed. If you select an installment payment plan, you agree to keep your designated payment method information, including all billing information, current, complete and accurate.
- Valid Payment Methods. Only valid payment methods acceptable to us, or our designated payment processors, may be used to purchase access to our Premium Services. By submitting your order to purchase access to our Premium Services, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or cancelled automatically. You must resolve any problem we, or our designated payment processors, encounter in order to proceed with your order.
- Refund policy. By selecting a product or service, you agree to pay Oksslab the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable, because of sensitive content that we prvide.
- No Cancellations. Other than in connection with our Refund Policy, all sales are final and we do not offer any refunds or cancellations. If you select an installment payment plan, you will be obligated to complete all installment payments.
- Failure to Pay A failure to pay an installment payment related to any of the Services may result in the immediate suspension or termination of all Services. Upon suspension or termination, you will no longer be able to access your account and any Services. To maintain access to your account and all corresponding Services, your account and payments must be current and in good standing for all programs and Services for which you have registered. Pursuant to our Refund Policy, if your account is suspended or terminated for a failure to pay, you will not receive any refund except at our sole discretion and any scheduled automatic renewals will not occur.
- Errors in Charges. In the event of an error that results in an incorrect charge, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any erroneous amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method.
- Taxes. You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
- Access to Services. Upon payment in full for a program advertised as “lifetime access,” you will receive access to the program that you purchased for the duration of the time Oksslab operates the Site and your specific program, subject to these Terms. We reserve the right to discontinue programs and adjust the Site and programs at our sole discretion, so, where available, be sure to download any material you want to keep, since you’ll no longer have access to the membership area after access ends.
5. Copyright and Limited License
- As Oksslab asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by underdogchance.com violates your copyright, you are encouraged to notify Underdogchance in accordance with Oksslab’s Digital Millennium Copyright Act (“DMCA”) Policy. Oksslab will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Oksslab will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Oksslab or others. Content in membership is for personal use only and it is prohibited to share with others because of sensitive material. In the case of such termination, Oksslab will have no obligation to provide a refund of any amounts previously paid to Oksslab.
6. Confidential Information; Non-Disclosure.
- You acknowledge that certain content, videos and other materials on or made available via the Services constitute the Confidential Information of Company. “Confidential Information” refers to certain information that is marked as “Confidential” or “Proprietary” that we reasonably regard as proprietary or confidential relating our courses, business, products, processes and techniques, including without limitation information relating to our trade secrets, business plans, strategies, methods and/or practices that is not generally known to the public and is disclosed to you pursuant to your express agreement to maintain the confidentiality of the Confidential Information.
- Except as expressly allowed herein, you agree to hold in confidence and not disclose any such Confidential Information except in accordance with this Agreement.
- The foregoing obligations shall not apply to the extent that Confidential Information: (i) must be disclosed to comply with any requirement of law or order of a court or administrative body; (ii) is known to or in your or our possession prior to receiving the disclosure of such Confidential Information as documented by notes or records; (iii) is known or generally available to the public through no act or omission of you or us in breach of this Agreement; or (iv) is made available free of any legal restriction by a third party. The duties and requirements under this section shall survive termination of this Agreement.
- You hereby agree that any unauthorized disclosure of Company’s Confidential Information may cause immediate and irreparable injury to Company and that, in the event of such breach, Company will be entitled, in addition to any other available remedies, to immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Company or the Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking website does not contain any illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Company logo or other proprietary graphic of Company to link to the Site without the express written permission of Company. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found within the Services, the content of any text or the layout/design of any page or form contained within the Services, without Company’s express written consent. Except as expressly stated in these Terms, you are not conveyed any right or license by implication, estoppel or otherwise in or under any intellectual property right of Company or any third party.
9. User Content
The Services may include discussion forums, blogs, profiles, or other interactive features or areas (collectively, “Interactive Areas”), in which you or other users create, post, transmit or store any content on the Services, such as text, photos, video or graphics (“User Content”). You agree that you are solely responsible for your User Content and for your use of the Interactive Areas, and that you use the Interactive Areas at your own risk.
By submitting or posting User Content, you grant Company a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content via the Services and any other medium. Further, you acknowledge and agree that Company may, but is not obligated to, enforce its rights in the User Content against third-party infringers. You represent and warrant that you own and control all of the rights, title and interest in and to any User Content you provide or you otherwise have all necessary rights to grant the rights to Company that you grant in these Terms.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Services any User Content that:
- is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
- would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
- displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to Company or any user;
- may violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent;
- makes false or misleading statements, claims or depictions about a person, company, product or service;
- does not clearly and prominently disclose any material connections you may have to Company or a third-party brand or seller (for example, if you receive free products or services or are a paid blogger or employee of Company or such third-party brand or seller);
- may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- contains viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
- in the sole judgment of Company, restricts or inhibits any other person from using or enjoying the Services or which may expose Company or its users to any harm or liability of any type.
Company takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the Terms is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms.
Although Company has no obligation to screen, edit or monitor any of the User Content posted on the Services, Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense.
Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, about the Services or Company (“Feedback”). Feedback is non-confidential and shall become the sole property of Company. Company shall own, and you hereby assign to Company, all right, title and interest, including all intellectual property rights, in and to such Feedback and Company shall be entitled to the unrestricted use and dissemination of any Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by Company (in our sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, Company of any Feedback.
11. User Conduct
You agree that you will not use the Services in violation of any law, contract or intellectual property or other third party right. You further agree not to:
- use the Services in any manner that could damage, disable, overburden or impair the Services;
- send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Services for the purposes of sending commercial emails;
- use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
- introduce to the Services any virus, trojan worms, logic bombs or other harmful material;
- circumvent measures employed to prevent or limit access to any area, content or feature of the Services;
- use or attempt to use another’s account, or grant any third party any right to access your account, without authorization from Company;
- engage in any harassing, intimidating, predatory or stalking conduct;
- develop any third-party applications that interact with User Content and the Services; or
- “Frame” our Services or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose without the prior written permission of Company.
12. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, users or account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Services infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
- Name: Oksslab
- Address: Mojstrska 2, 9000 Murska Sobota
- Telephone Number: 09/234-458-345
- E-Mail Address: firstname.lastname@example.org
13. Third-Party Content, Advertisements and Promotions
Company may provide third-party content on the Services, including without limitation advertisements and promotional offers, and may provide links to web pages and content of third parties (collectively the “Third-Party Content”). Company does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Company is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Your use of any Third-Party Content is at your own risk. The inclusion of Third-Party Content on the Services does not imply affiliation, endorsement or adoption by Company of any Third-Party Content or any information contained therein. Your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE OR, UNLESS OTHERWISE EXPRESSLY STATED, AS COMPANY’S OFFICIAL POSITION ON ANY SUBJECT MATTER. THE SERVICES SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR (B) THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE SERVICES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY COMPANY, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree to defend, indemnify and hold harmless Company, our independent contractors, service providers and consultants, and our and their respective directors, officers, employees and agents (collectively, the “Company Parties”) from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services, (b) any Feedback you provide, (c) your breach of any of these Terms, or (d) your violation of the rights of any third party.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING AS A RESULT OF COMPANY’S NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF COMPANY’S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED THE SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
17. No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, Company and you only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations to any such third party.
18. Modifications to the Services
Company reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that Company will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
19. Governing Law, Jurisdiction and Dispute Resolution
- These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of Republic of Slovenia as they apply to agreements entered into and to be performed entirely for the User’s interest.
- The courts in some countries will not apply the laws of Republic of Slovebia to some types of disputes. If the User resides in one of those countries, then where the laws of Republic of Slovenia will not be applied in accordance with national law, the laws of the country of the User’s residence will apply to such disputes related to these Terms. Otherwise, the User agrees that these Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising from or relating to these Terms or use of the Product and the Website will be governed by the laws of Republic of Slovenia without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction, as far as those provisions are not in contradiction with imperative rules of applicable jurisdiction.
- If a dispute arises between the User and Oksslab, the User shall notify Oksslab about any dispute he/she has with Oksslab regarding these Terms or Product and/or the Website by contacting Oksslab. The Customer agrees to submit to the personal jurisdiction of the federal courts located in Republic of Slovenia for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated in another court in accordance with imperative rules of another jurisdiction.
Oksslab operates underdogchance.com and may operate other websites. It is Oksslab’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Oksslab collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Oksslab’s purpose in collecting non-personally identifying information is to better understand how Oksslab’s visitors use its website. From time to time, Oksslab may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Oksslab also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on underdogchance.com blogs/sites. Oksslab only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Oksslab’s websites choose to interact with Oksslab in ways that require Oksslab to gather personally-identifying information. The amount and type of information that Oksslab gathers depends on the nature of the interaction. For example, we ask visitors who sign up at underdogchance.com to provide a username and email address. Those who engage in transactions with Oksslab are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Oksslab collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Oksslab. Oksslab does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Oksslab may collect statistics about the behavior of visitors to its websites. Oksslab may display this information publicly or provide it to others. However, Oksslab does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Oksslab discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Oksslab’s behalf or to provide services available at Oksslab’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Oksslab’s websites, you consent to the transfer of such information to them. Oksslab will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Oksslab discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Oksslab believes in good faith that disclosure is reasonably necessary to protect the property or rights of Oksslab, third parties or the public at large. If you are a registered user of an Oksslab website and have supplied your email address, Oksslab may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Oksslab and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Oksslab takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Oksslab, or substantially all of its assets, were acquired, or in the unlikely event that Oksslab goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Oksslab may continue to use your personal information as set forth in this policy.