Terms of Service

Effective Date: 8/7/2023

Welcome to VARIABLE's website ("Website"). These Terms of Service ("Terms") outline the agreement between VARIABLE ("we," "us," or "our") and you ("user" or "you"), the individual or entity accessing or using our Website. By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website.

1. Acceptance of Terms

By using our Website, you represent and warrant that you are at least 18 years old and capable of entering into a binding agreement. If you are accepting these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Use of Website

a. Permitted Use: You may use our Website for informational purposes and to access the content and resources made available to you. You agree not to use our Website for any illegal, unauthorized, or unethical purposes.
b. Website Availability: While we strive to provide a reliable and uninterrupted Website, we do not guarantee that our Website will always be available, error-free, or free from viruses or other harmful components. We may suspend or terminate access to our Website for maintenance, updates, or any other reason without prior notice.
c. Intellectual Property: All intellectual property rights, including but not limited to copyrights, trademarks, and trade secrets, in and to our Website and its content are owned by VARIABLE or its licensors. You acknowledge and agree that you do not acquire any ownership rights by using our Website.

3. User Content

a. User Responsibilities: If you submit or contribute any content, comments, or materials to our Website ("User Content"), you are solely responsible for the legality, accuracy, and appropriateness of such User Content. You agree not to submit any User Content that violates any applicable laws or infringes upon the rights of any third party.
b. License: By submitting User Content to our Website, you grant VARIABLE a worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with our Website.
c. Monitoring and Removal: We reserve the right to monitor, edit, or remove any User Content from our Website at our sole discretion, without prior notice or liability.

4. Third-Party Links

Our Website may contain links to third-party websites or resources that are not owned or controlled by VARIABLE. We are not responsible for the content, policies, or practices of any third-party websites or resources. You acknowledge and agree that VARIABLE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resources.

5. Limitation of Liability

To the extent permitted by applicable law, VARIABLE and its officers, directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of our Website, regardless of the cause of action or the theory of liability.

6. Indemnification

You agree to indemnify, defend, and hold harmless VARIABLE and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of our Website, violation of these Terms, or infringement of any intellectual property or other rights of any person or entity.

7. Modification and Termination

VARIABLE reserves the right, in its sole discretion, to modify or terminate our Website or these Terms at any time without prior notice. We may also restrict, suspend, or terminate your access to our Website for any reason, including but not limited to a violation of these Terms. Upon termination, your right to use our Website will immediately cease, and any provisions of these Terms that should reasonably survive termination will continue to apply.

8. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Oklahoma, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or your use of our Website shall be resolved exclusively in the state or federal courts located within Oklahoma, and you consent to the personal jurisdiction of such courts.

9. General Provisions

a. Entire Agreement: These Terms constitute the entire agreement between you and VARIABLE regarding the subject matter herein and supersede all prior or contemporaneous agreements, understandings, or representations.
b. Severability: If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
c. Waiver: The failure of VARIABLE to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
d. Assignment: You may not assign or transfer any rights or obligations under these Terms without our prior written consent.
e. Contact: If you have any questions or concerns regarding these Terms, please contact us at web@variable.systems.

By using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.