Website Terms of Use
These Website Terms of Use govern access to and use of Oque websites, forms, questionnaires, demonstrations, content, technologies, and related online resources.
Effective Date: August 28, 2026
Last Updated: August 28, 2026
1. ACCEPTANCE OF TERMS
These Website Terms of Use constitute a legally binding agreement governing access to and use of websites, webpages, forms, questionnaires, demonstrations, information, content, materials, technologies, and online resources operated or made available by Blown Away Media, LC. dba: Oque.ai, including oque.ai, start.oque.ai, and any related website, subdomain, landing page, client-facing webpage, or successor website operated by Oque.
For purposes of these Website Terms of Use, “Oque,” “we,” “us,” and “our” refer to Oque and its applicable affiliates, owners, personnel, contractors, representatives, successors, and authorized service providers. “Website” means any website, webpage, subdomain, landing page, form, questionnaire, demonstration, portal, or other online property operated by or on behalf of Oque. “User,” “you,” and “your” mean any person or entity accessing or using the Website.
By accessing, browsing, viewing, submitting information through, or otherwise using the Website, you acknowledge that you have read and understand these Website Terms of Use and agree to be bound by them to the extent permitted by applicable law. If you do not agree to these Terms, you should discontinue use of the Website.
Certain features, transactions, Services, campaigns, client relationships, or other activities may be governed by additional terms, including Oque’s Master Services Agreement, Service Order, Privacy Policy, authorization forms, payment terms, proposals, or other written agreements. Where an executed Master Services Agreement or Service Order conflicts with these Website Terms of Use with respect to a client’s purchased Services, the applicable executed agreement shall control to the extent of the conflict.
2. BUSINESS PURPOSE OF THE WEBSITE
The Website is intended principally to provide information concerning Oque, its technology, business model, Search Demand Engineering Services, Search Demand Intelligence capabilities, Entity Authority services, campaign offerings, qualification processes, demonstrations, educational materials, and related business services.
The Website may also permit prospective clients to communicate with Oque, submit a Campaign Territory Questionnaire, request information, provide business information, begin qualification procedures, evaluate potential services, schedule or participate in discussions, receive preliminary campaign information, or initiate other pre-contract business interactions.
The Website is intended for lawful commercial, professional, informational, and business purposes and is not intended to provide legal, financial, tax, investment, medical, or other regulated professional advice.
3. OQUE SERVICES
Oque provides technology-enabled digital positioning, search-demand, search-intelligence, and related business services. Depending upon the applicable engagement, Oque Services may include Local Search Demand Engineering, National Search Demand Engineering, Global Search Demand Engineering, Search Territory qualification, branded search-demand development, Oque Engine™ services, Oque Suggestion Engine™ services, AI-Driven Search Demand Intelligence, Entity Authority services, campaign administration, monitoring, measurement, reporting, Verified Traffic Event measurement, client portal access, consulting, and related services.
Descriptions of Services appearing on the Website are provided for general informational and marketing purposes. The specific Services purchased by a client, the applicable Search Territory, approved search phrases, activation requirements, pricing, Verified Traffic Event rates, billing methodology, exclusivity provisions, campaign requirements, service limitations, and other commercial terms are established exclusively by the applicable Master Services Agreement, Service Order, or other written agreement accepted by Oque.
Nothing displayed on the Website shall be interpreted as expanding the scope of Services stated in an executed Service Order.
4. NO CLIENT RELATIONSHIP CREATED BY WEBSITE USE
Accessing the Website, communicating with Oque, viewing Oque materials, requesting information, participating in a demonstration, submitting contact information, completing a Campaign Territory Questionnaire, discussing a potential Search Territory, or receiving preliminary campaign information does not, by itself, establish a client relationship, contractual relationship, fiduciary relationship, partnership, joint venture, agency relationship, franchise relationship, or other legal relationship between Oque and the User.
A client relationship concerning paid Oque Services is established only when Oque and the applicable client complete the contracting and acceptance process required by Oque, including any applicable Master Services Agreement, Service Order, payment authorization, qualification process, or other required documentation.
Oque reserves the right to accept or decline any prospective client, campaign, Search Territory, phrase, market, project, or engagement in its discretion, subject to applicable law and any existing contractual obligations.
5. CAMPAIGN TERRITORY QUESTIONNAIRE
Oque may make available a Campaign Territory Questionnaire or similar qualification form through start.oque.ai or another Oque-operated website.
The Campaign Territory Questionnaire is designed to provide Oque with information necessary or useful to evaluate a prospective client’s business, service area, geographic market, campaign requirements, Search Territory opportunities, business capacity, desired services, and overall suitability for Oque Services.
Submission of a Campaign Territory Questionnaire does not constitute an order for Services, acceptance of a Search Territory, registration of a search phrase, reservation of a market, award of exclusivity, guarantee of campaign availability, guarantee of pricing, acceptance by Oque, or establishment of a contractual relationship.
Information submitted through the questionnaire may be evaluated by Oque and its authorized service providers in accordance with Oque’s Privacy Policy and applicable contractual and legal requirements.
Oque may request additional information before determining whether a proposed Search Territory or campaign is suitable for activation.
6. SEARCH TERRITORY QUALIFICATION
Search Territories are subject to qualification, availability, technical feasibility, market conditions, campaign requirements, provider requirements, existing Oque commitments, capacity limitations, and other considerations determined by Oque.
References on the Website to an available, proposed, identified, qualified, recommended, potential, or prospective Search Territory do not create a contractual right to that Search Territory unless and until the territory is expressly incorporated into an executed Service Order or other written agreement accepted by Oque.
Oque may decline, modify, consolidate, subdivide, recommend alternatives to, or otherwise condition a proposed Search Territory before contractual acceptance.
A Search Territory may be based upon geography, market, category, branded phrase, service category, keyword environment, campaign parameters, or other factors determined by Oque.
7. SEARCH PHRASES AND AUTOCOMPLETE SUGGESTIONS
Oque’s Services may involve efforts intended to establish, support, influence, maintain, strengthen, monitor, or develop branded search demand associated with approved search phrases or search environments.
References to autocomplete positioning, branded search phrases, search suggestions, search visibility, Search Demand Engineering, search behavior, or similar results describe the nature and objective of Oque Services and shall not be interpreted as a representation that Oque owns, controls, operates, or determines the algorithms, platforms, databases, search results, autocomplete systems, or policies of Google, Bing, Microsoft, or any other independent search engine or Third-Party Platform.
Search engines and Third-Party Platforms may modify their algorithms, technologies, interfaces, policies, ranking systems, suggestion systems, data sources, user experiences, or business practices at any time without notice to Oque.
Accordingly, unless expressly stated in an executed Service Order, Oque does not represent or warrant that any particular autocomplete suggestion, search phrase, placement, ranking, search result, position, level of visibility, amount of traffic, customer behavior, conversion rate, revenue result, or business result will remain available, continuously appear, occur within a particular period, or continue indefinitely.
8. NO GUARANTEE OF SEARCH-ENGINE CONTROL
Oque is an independent business and is not a search engine.
Oque does not control Google, Bing, Microsoft, or any other search engine, browser, mapping system, artificial-intelligence platform, directory, social-media platform, review platform, advertising platform, or Third-Party Platform.
Any statement describing an intended campaign objective, expected process, historical example, demonstration, observed result, forecast, projection, or potential outcome shall not be interpreted as a representation that Oque has direct control over the actions or decisions of an independent Third-Party Platform.
Oque’s contractual obligations concerning Search Demand Engineering are governed by the applicable Master Services Agreement and Service Order rather than by a representation that Oque controls an independent search engine.
9. NO GUARANTEE OF BUSINESS RESULTS
Search visibility and branded search demand are only portions of a broader customer-acquisition and marketing environment.
Oque does not guarantee that use of its Services will generate any particular number of customers, telephone calls, inquiries, appointments, leads, sales, contracts, revenue, profits, market share, return on investment, customer conversion rate, or other commercial result unless a specific guarantee is expressly stated in a written agreement signed or otherwise formally accepted by Oque.
Business results may be affected by factors outside Oque’s control, including a client’s pricing, reputation, website, sales process, customer service, market conditions, competitors, reviews, staffing, geographic location, service quality, business capacity, industry conditions, search-engine activity, economic conditions, and consumer behavior.
Website examples, illustrations, demonstrations, hypothetical scenarios, case studies, screenshots, search examples, sales presentations, videos, and marketing materials are intended to explain concepts and potential applications and are not guarantees that every client will experience identical results.
10. VERIFIED TRAFFIC EVENTS
Certain Oque Services may use Verified Traffic Events or similar measurable activity as a billing or performance metric.
Any definition of a Verified Traffic Event, qualification methodology, exclusions, verification system, measurement methodology, applicable rate, billing period, dispute procedure, or related commercial requirement shall be governed by the applicable Master Services Agreement and Service Order.
General descriptions on the Website concerning verified traffic, traffic measurement, performance-based billing, verified visits, click-to-website activity, or similar concepts are provided for explanatory purposes and do not modify the controlling contractual definition applicable to an individual client.
11. ACTIVATION FEES AND OTHER PRICING
The Website may display activation fees, usage-based pricing, monthly fees, build-out fees, estimated fees, introductory pricing, package pricing, promotional pricing, or other information concerning Oque Services.
Unless expressly stated otherwise, Website pricing is informational and may be subject to qualification, Search Territory scope, service configuration, campaign requirements, taxes, third-party costs, additional services, applicable promotions, and the terms stated in a Service Order.
The price applicable to a client engagement shall be the price stated in the applicable Service Order, checkout process, payment authorization, or other written transaction document accepted by Oque.
Oque may revise Website pricing prospectively at any time. A revision to publicly displayed pricing does not retroactively modify an existing client’s executed Service Order unless permitted by that agreement or separately agreed by the parties.
12. SEARCH TERRITORY EXCLUSIVITY
Oque may offer contractual Search Territory exclusivity in certain circumstances.
No exclusivity is created merely because a prospective client identifies, discusses, requests, evaluates, submits, or receives information concerning a Search Territory.
Any exclusivity offered by Oque must be expressly stated in the applicable Service Order or other written agreement.
Unless otherwise expressly agreed in writing, any Search Territory exclusivity provided by Oque applies solely within Oque’s own client network and business operations. Such exclusivity does not prevent competitors, search engines, advertisers, agencies, directories, marketing companies, publishers, technology providers, Third-Party Platforms, or other market participants from targeting, using, bidding upon, displaying, ranking for, appearing for, promoting, developing, or otherwise using the same or similar words, phrases, services, categories, markets, or geographic areas.
Oque does not represent that it has the legal or technical ability to exclude unrelated third parties from a search market.
13. THIRD-PARTY PLATFORMS
Oque Services and Website content may refer to, interact with, analyze, display information originating from, or depend upon Third-Party Platforms.
“Third-Party Platform” may include search engines, browsers, artificial-intelligence systems, business directories, review sites, mapping services, advertising platforms, social-media services, payment processors, telecommunications providers, analytics providers, customer relationship management systems, hosting providers, data providers, campaign fulfillment providers, and other independent technology or service providers.
Oque does not own or control independent Third-Party Platforms and is not responsible for their uptime, functionality, accuracy, availability, security, algorithms, policies, terms, modifications, interruptions, business decisions, or continued operation.
A Third-Party Platform may change or discontinue functionality without notice to Oque.
14. GOOGLE, BING, MICROSOFT, AND OTHER SEARCH ENGINES
Unless expressly stated otherwise, Oque is not affiliated with, endorsed by, sponsored by, controlled by, owned by, or acting as an agent of Google LLC, Alphabet Inc., Microsoft Corporation, Bing, or any other search engine or technology company.
Google, Bing, Microsoft, and the names and trademarks of other companies appearing on the Website are the property of their respective owners.
References to independent brands, search engines, or services are made solely for identification, descriptive, comparative, educational, demonstration, compatibility, or informational purposes.
15. ENTITY AUTHORITY SERVICES
Oque may offer Entity Authority, Entity Authority Program, business-profile optimization, structured-data, digital entity, business-directory, website, knowledge-environment, or related enhancement services.
Such Services may involve analysis, recommendations, creation, modification, optimization, monitoring, management, or coordination of information appearing across websites, search engines, business profiles, directories, social-media platforms, structured data, knowledge systems, and other online environments.
Because many such environments are controlled by independent third parties, Oque does not guarantee that any particular platform will approve, retain, display, index, rank, publish, recognize, or continue displaying submitted or optimized information.
The precise scope of Entity Authority services provided to a client is governed by the applicable Service Order.
16. ARTIFICIAL INTELLIGENCE AND SEARCH DEMAND INTELLIGENCE
Oque may use artificial intelligence, machine-assisted analysis, data analytics, algorithmic systems, proprietary processes, or third-party technologies to analyze search environments, identify opportunities, organize data, evaluate markets, develop Search Demand Intelligence, generate recommendations, assist campaign operations, and support Oque Services.
References to “AI,” “AI-Driven Search Demand Intelligence,” artificial intelligence, automated analysis, algorithmic analysis, machine-assisted intelligence, or similar terminology describe technologies or methodologies that may be incorporated into Oque Services.
Such references do not constitute a representation that artificial intelligence independently guarantees an outcome, that all decisions are automated, or that Oque controls third-party artificial-intelligence systems.
17. PROPRIETARY METHODOLOGIES AND CONFIDENTIAL BUSINESS INFORMATION
Oque has developed and may continue to develop proprietary and confidential methods, processes, methodologies, terminology, campaign structures, pricing methodologies, qualification methods, Search Territory frameworks, analytical methods, business procedures, workflows, vendor relationships, platform configurations, reports, presentations, technologies, strategies, know-how, and other business information.
Access to the Website does not grant a User any license or right to reproduce, reverse engineer, commercially exploit, disclose, repurpose, imitate, duplicate, appropriate, or create derivative commercial services based upon Oque proprietary materials except as expressly authorized in writing.
Nothing on the Website shall be interpreted as a public dedication or abandonment of Oque’s proprietary rights.
18. INTELLECTUAL PROPERTY
The Website and its contents, including text, graphics, interfaces, photographs, images, artwork, videos, animations, demonstrations, designs, layouts, branding, software, code, databases, presentations, processes, service descriptions, documentation, icons, logos, trademarks, service marks, trade dress, and other materials, are owned by or licensed to Oque and are protected by applicable intellectual property and unfair competition laws.
Except as expressly permitted by these Terms or applicable law, no portion of the Website may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, displayed, modified, translated, reverse engineered, commercially exploited, licensed, sold, or used to create derivative works without Oque’s prior written permission.
A User may view Website content for legitimate internal informational purposes related to evaluating Oque Services.
19. OQUE TRADEMARKS AND BRAND ASSETS
Oque™, Oque Engine™, Oque Suggestion Engine™, Search Demand Engineering terminology as used and branded by Oque, Oque logos, product names, service names, slogans, graphical elements, and related marks may constitute trademarks, service marks, trade names, branding, or proprietary assets of Oque.
No right or license to use an Oque trademark, service mark, trade name, logo, brand element, or confusingly similar designation is granted by access to the Website.
Users may not imply sponsorship, endorsement, partnership, affiliation, certification, authorization, or approval by Oque without Oque’s express written consent.
20. LIMITED LICENSE TO USE THE WEBSITE
Subject to compliance with these Terms, Oque grants Users a limited, revocable, nonexclusive, nontransferable, nonsublicensable right to access and use publicly available portions of the Website for lawful informational and business-evaluation purposes.
This limited permission does not include any right to scrape, crawl, harvest, mine, copy in bulk, commercially reproduce, reverse engineer, replicate, train competing systems upon, redistribute, resell, frame, mirror, or systematically extract Oque content or data.
Oque may revoke this limited permission at any time where reasonably necessary to protect the Website, Oque’s business interests, intellectual property, security, or other Users.
21. PROHIBITED USE
Users shall not use the Website for any unlawful, fraudulent, abusive, malicious, deceptive, infringing, or unauthorized purpose.
Users shall not attempt to gain unauthorized access to Oque systems, accounts, portals, databases, servers, forms, security systems, source code, administrative functions, or nonpublic information.
Users shall not introduce malware, malicious code, automated attacks, excessive requests, scraping tools, bots designed to circumvent access controls, credential attacks, security probes, or other technology intended to interfere with the Website.
Users shall not impersonate another person or business, knowingly submit false information, misrepresent authority to act for a business, interfere with another User, or use the Website to violate another party’s legal rights.
Users shall not use Oque content to create a confusingly similar competing website, falsely represent Oque Services, misrepresent an affiliation with Oque, or commercially exploit Oque proprietary methodologies without authorization.
22. AUTOMATED ACCESS, SCRAPING, AND DATA EXTRACTION
Except where expressly authorized by Oque in writing or required by applicable law, automated scraping, crawling, extraction, harvesting, bulk copying, systematic collection, dataset creation, automated monitoring, or other automated acquisition of Website content is prohibited.
This restriction includes use of Oque Website content, proprietary descriptions, methodologies, structured information, service materials, demonstrations, or other protected content to train, develop, benchmark, improve, replicate, or operate a competing commercial artificial-intelligence model, machine-learning system, search-marketing product, Search Demand Engineering product, database, or commercial service.
Ordinary search-engine indexing conducted by publicly available search engines in accordance with recognized website crawling standards is not prohibited by this Section unless Oque implements technical restrictions indicating otherwise.
23. USER-SUBMITTED INFORMATION
Users represent that information submitted through the Website is accurate to the best of their knowledge and that they have the legal authority to provide the information.
A person submitting business information on behalf of a company represents that the person is authorized to provide the information for legitimate business purposes.
Users should not submit confidential information belonging to an unrelated third party without authority.
Users should not submit Social Security numbers, government identification numbers, passwords, protected health information, highly sensitive financial information, or other unnecessary sensitive information through ordinary Website forms.
Information submitted through the Website will be handled in accordance with Oque’s Privacy Policy and any applicable written agreement.
24. LICENSE CONCERNING SUBMITTED MATERIALS
To the extent a User voluntarily provides business information, website information, logos, business descriptions, service information, geographic information, Search Territory information, marketing materials, or other content for purposes of evaluating or providing Oque Services, the User grants Oque a limited right to access, review, process, reproduce, analyze, transmit, and use such materials to the extent reasonably necessary to evaluate the prospective engagement, prepare recommendations, administer the relationship, provide requested Services, or comply with applicable obligations.
The User represents that it has sufficient rights to provide the submitted materials for those purposes.
Ownership of a client’s preexisting intellectual property remains with the client or applicable rights holder unless otherwise provided by written agreement.
25. WEBSITE CONTENT AND INFORMATIONAL ACCURACY
Oque endeavors to provide useful and accurate Website information but does not warrant that every item of Website content will always be complete, current, error-free, continuously available, or suitable for every purpose.
The digital-search environment changes frequently. Search-engine technologies, artificial-intelligence systems, advertising systems, search interfaces, privacy laws, business practices, service offerings, pricing, and technical capabilities may change after Website materials are published.
Oque may correct, update, revise, remove, or replace Website content without prior notice.
Users should rely upon the current applicable Service Order and Master Services Agreement for binding terms concerning purchased Services rather than assuming that an older webpage, presentation, screenshot, demonstration, email, or marketing description remains current.
26. DEMONSTRATIONS, SCREENSHOTS, AND EXAMPLES
Oque may display screenshots, demonstrations, illustrations, simulated searches, actual search environments, historical examples, campaign examples, hypothetical business examples, or other materials to illustrate Search Demand Engineering concepts.
Such materials are provided for explanatory and educational purposes.
Search-engine results and suggestions may differ by location, device, account status, user history, language, search engine, browser, time, algorithm, personalization, and other factors.
Accordingly, another person performing a similar search may observe different results.
The appearance of an example on the Website does not constitute a warranty that every User or client will experience the same search environment.
27. TESTIMONIALS, CASE STUDIES, AND RESULTS
If the Website presents client statements, testimonials, endorsements, case studies, campaign examples, traffic results, search examples, or other performance information, such materials reflect the circumstances described and are not guarantees of future or typical results unless expressly identified as such.
Individual results may vary materially according to market conditions, Search Territory, business category, geographic environment, campaign duration, business reputation, client performance, competition, search-engine behavior, and numerous other variables.
Oque will endeavor to present material testimonials and endorsements in accordance with applicable advertising requirements.
28. THIRD-PARTY LINKS
The Website may contain links to websites, platforms, applications, payment processors, social-media services, search engines, client portals, scheduling systems, directories, or other resources operated by third parties.
Links are provided for convenience or functionality and do not necessarily constitute Oque’s endorsement of the third party.
Oque is not responsible for the content, privacy practices, security, availability, accuracy, products, services, representations, or conduct of an independent third-party website.
Use of a third-party website is subject to that third party’s terms and policies.
29. WEBSITE AVAILABILITY
Oque does not warrant that the Website will be available continuously or without interruption.
The Website may become unavailable due to maintenance, upgrades, hosting interruptions, security events, Internet conditions, third-party failures, technical problems, force majeure events, or other circumstances.
Oque may modify, suspend, restrict, or discontinue any portion of the Website at any time.
30. WEBSITE SECURITY
Oque may employ access controls, encryption, bot detection, traffic monitoring, security verification technologies, network protection, logging, rate limitations, fraud detection, and other measures intended to protect the Website.
Users shall not attempt to bypass, disable, manipulate, defeat, or interfere with Website security measures.
Although Oque may employ reasonable safeguards, no website, network, electronic communication system, or Internet transmission can be guaranteed to be completely secure.
31. CLIENT PORTALS AND ACCOUNT CREDENTIALS
Certain clients may receive access to an online client portal, dashboard, reporting environment, or other restricted system.
Account credentials are intended solely for authorized Users and must be maintained confidentially.
A User is responsible for activity occurring through credentials assigned to the User or the User’s organization to the extent provided by applicable law and contract.
Users shall promptly notify Oque if they reasonably believe credentials have been compromised, disclosed without authorization, or used improperly.
Oque may suspend portal access when reasonably necessary to address a security risk, suspected unauthorized access, terminated account, payment issue, or contractual matter.
32. COMMUNICATIONS WITH OQUE
Communications sent through the Website, email, telephone, text message, chat, questionnaire, or other communication method do not amend an existing Master Services Agreement or Service Order unless the requirements for amendment stated in the applicable agreement are satisfied.
Sales discussions, explanations, presentations, demonstrations, and preliminary recommendations are intended to facilitate evaluation of Oque Services.
The executed contractual documents govern when a statement made during a preliminary communication differs from the final written commercial terms.
33. ELECTRONIC COMMUNICATIONS
By communicating electronically with Oque, Users acknowledge that Oque may respond electronically where appropriate.
Electronic communications may include email, online forms, portal communications, electronic notices, digital agreements, invoices, payment communications, and other business records.
Nothing in this Section requires a User to consent to promotional text messaging or other marketing communications where separate consent is required by applicable law.
34. PRIVACY
Oque’s collection and processing of personal information through the Website is governed by the Oque Privacy Policy, as amended from time to time.
The Privacy Policy is incorporated into these Website Terms of Use by reference solely with respect to Website privacy practices.
If Oque provides a specific notice at the point of collection, that supplemental notice should be read together with the Privacy Policy.
35. NO PROFESSIONAL ADVICE
Content appearing on the Website is provided for general business and informational purposes.
Nothing on the Website constitutes legal, accounting, tax, securities, investment, financial, medical, engineering, regulatory, or other licensed professional advice.
Users should consult appropriate professional advisers concerning matters requiring specialized advice.
36. USER RESPONSIBILITY FOR BUSINESS DECISIONS
Users remain responsible for evaluating whether Oque Services are appropriate for their particular business.
Oque does not assume responsibility for a User’s independent business decisions made solely in reliance upon generalized Website information.
Before entering an engagement, prospective clients should review the applicable Service Order, pricing, scope, Search Territory, and commercial terms.
37. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND PUBLICLY AVAILABLE WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
OQUE DISCLAIMS WARRANTIES CONCERNING THE WEBSITE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.
OQUE DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, FREE FROM HARMFUL COMPONENTS, OR THAT ALL WEBSITE CONTENT WILL ALWAYS BE CURRENT OR COMPLETE.
This Website disclaimer does not eliminate contractual obligations expressly undertaken by Oque in an executed Master Services Agreement or Service Order.
38. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OQUE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING SOLELY FROM ACCESS TO OR USE OF THE PUBLIC WEBSITE, INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS KNOWN OR REASONABLY FORESEEABLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OQUE’S AGGREGATE LIABILITY ARISING SOLELY FROM A USER’S ACCESS TO OR USE OF THE PUBLIC WEBSITE, WHERE NO PAID CLIENT RELATIONSHIP EXISTS, SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
For an existing client, limitations of liability arising from purchased Services shall be governed by the applicable Master Services Agreement and Service Order rather than this Website-only limitation to the extent those agreements apply.
Nothing in these Terms excludes liability that applicable law prohibits Oque from excluding or limiting.
39. INDEMNIFICATION
To the extent permitted by applicable law, a User agrees to indemnify, defend, and hold harmless Oque and its affiliates, officers, owners, personnel, representatives, contractors, and service providers from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable expenses arising from the User’s unlawful use of the Website, infringement of another party’s rights, unauthorized submission of another party’s information, malicious interference with Website systems, or material violation of these Website Terms of Use.
This Website indemnification provision does not replace or alter indemnification obligations stated in an applicable Master Services Agreement or Service Order.
40. COPYRIGHT COMPLAINTS
Oque respects intellectual property rights.
A rights holder who reasonably believes material appearing on an Oque-controlled Website infringes its copyright may notify Oque and provide sufficient information to identify the copyrighted work, the allegedly infringing material, the location of the material, the complaining party’s contact information, and the basis for the claim.
Oque may remove or restrict access to content where Oque determines such action is appropriate or legally required.
41. TRADEMARK AND PROPRIETARY RIGHTS COMPLAINTS
A person who reasonably believes Oque Website content improperly uses that person’s trademark, proprietary material, or other legally protected asset may contact Oque with sufficient information to identify the asserted right and disputed use.
Oque reserves all defenses and rights available under trademark, copyright, fair use, nominative use, comparative advertising, and other applicable laws.
42. ACCESS RESTRICTION AND TERMINATION
Oque may restrict, suspend, or terminate a User’s access to all or part of the Website when Oque reasonably determines that the User has violated these Terms, engaged in abusive or unlawful conduct, threatened Website security, infringed intellectual property rights, attempted unauthorized access, or otherwise created material risk to Oque or other Users.
Termination of Website access does not affect rights or obligations that accrued before termination.
43. CHANGES TO WEBSITE SERVICES
Oque may modify its Website, service descriptions, qualification procedures, technology, offerings, availability, features, terminology, pricing presentations, or other Website content from time to time.
Oque is not obligated to continue offering every Service, feature, Search Territory category, pricing structure, technology, or Website functionality that previously appeared on the Website.
Existing client rights remain governed by applicable executed agreements.
44. CHANGES TO THESE WEBSITE TERMS
Oque may revise these Website Terms of Use from time to time to reflect changes in its Website, business practices, Services, technology, legal requirements, or operations.
When Terms are revised, Oque may change the “Last Updated” date displayed above.
Revised Terms apply prospectively from the effective date of publication except where applicable law requires additional notice, consent, or other procedures.
Changes to these Website Terms do not, by themselves, modify an executed Master Services Agreement or Service Order.
45. RELATIONSHIP TO MASTER SERVICES AGREEMENT AND SERVICE ORDER
These Website Terms govern access to and use of the Oque Website and pre-contract Website interactions.
The Oque Master Services Agreement and applicable Service Order govern paid client Services.
Among other matters, those client agreements may address service scope, Search Territories, approved search phrases, qualification, activation, pricing, Verified Traffic Events, invoicing, payment obligations, exclusivity, client responsibilities, third-party platforms, intellectual property, confidentiality, warranties, disclaimers, indemnification, limitations of liability, termination, dispute resolution, and other contractual rights and obligations.
Where a provision of these Website Terms conflicts with an executed Master Services Agreement or Service Order concerning purchased Services, the executed agreement shall control with respect to those Services.
Nothing on the Website expands a client’s Service Order unless an authorized written amendment or new Service Order is completed in accordance with the applicable agreement.
46. CONTRACTUAL EXCLUSIVITY CONTROLS
Nothing displayed publicly on the Website independently grants Search Territory exclusivity.
Where Oque agrees to provide Search Territory exclusivity within its own client network, the scope and duration of that exclusivity shall be determined exclusively by the applicable Service Order.
Any such exclusivity shall not be interpreted as preventing an unrelated third party from using, targeting, bidding upon, displaying, appearing for, promoting, or pursuing identical or similar terms, phrases, categories, services, keywords, customers, or geographic markets.
47. NO WAIVER
Oque’s failure or delay in enforcing a provision of these Website Terms does not constitute a waiver of that provision or Oque’s right to enforce it later.
A waiver concerning one event does not constitute a continuing waiver concerning another event.
48. SEVERABILITY
If any provision of these Website Terms is determined by a court or other tribunal of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent legally permissible or, where appropriate, severed, and the remaining provisions shall continue in effect.
49. INTERPRETATION
Headings are provided for convenience and do not independently limit the meaning of these Terms.
The words “including,” “include,” and similar terms shall be interpreted as illustrative and not limiting unless the context clearly requires otherwise.
References to a statute, regulation, platform, technology, organization, or service include applicable successors, amendments, replacements, or successor technologies where appropriate.
50. ASSIGNMENT
Users may not assign their rights under these Website Terms in connection with unauthorized commercial exploitation of the Website.
Oque may assign or transfer its rights and obligations under these Website Terms in connection with a merger, acquisition, restructuring, asset sale, financing, corporate reorganization, change of control, or transfer of Website operations, subject to applicable law.
This Section does not modify assignment provisions in an executed Master Services Agreement.
51. FORCE MAJEURE
Oque shall not be responsible for a failure or interruption of Website availability resulting from circumstances beyond Oque’s reasonable control, including Internet failures, telecommunications failures, utility outages, hosting failures, cyberattacks, natural disasters, governmental action, war, terrorism, civil unrest, labor disruptions, epidemics, pandemics, fires, floods, severe weather, failures of Third-Party Platforms, or other force majeure events.
Client-specific force majeure rights concerning contracted Services shall be determined by the applicable Master Services Agreement.
52. GOVERNING LAW
Except where applicable law requires otherwise, these Website Terms of Use and any dispute arising out of or relating to access to or use of the Website shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict-of-laws principles.
To the extent an executed Master Services Agreement or Service Order applies to a dispute involving purchased Services, the governing-law, venue, jurisdiction, and dispute-resolution provisions contained in the applicable agreement shall control.
Nothing in these Website Terms is intended to deprive any User of a mandatory statutory protection that cannot lawfully be waived.
53. DISPUTES INVOLVING CLIENT SERVICES
Disputes concerning an existing client’s purchased Services, invoices, Search Territories, exclusivity, Verified Traffic Events, campaign performance, or other matters arising under a Master Services Agreement or Service Order shall be governed by the dispute-resolution procedures contained in the applicable agreement.
These Website Terms are not intended to create an alternative dispute-resolution procedure that overrides the contractual procedure accepted by Oque and the client.
54. ENTIRE WEBSITE TERMS
These Website Terms, together with the Oque Privacy Policy and any applicable supplemental Website notices, constitute the general terms governing use of Oque’s public Website.
They do not replace an executed Master Services Agreement, Service Order, nondisclosure agreement, payment authorization, or other separately executed contract.
No Website content, sales page, FAQ, demonstration, marketing statement, presentation, or other publicly available material shall amend an executed agreement unless the amendment requirements of that agreement are satisfied.
55. CONTACT INFORMATION
Questions concerning these Website Terms of Use may be directed to Oque at help[at]oque.ai.
Users should not transmit highly sensitive personal, financial, medical, governmental identification, password, or other confidential information through ordinary email unless specifically directed to an appropriate secure method by Oque.