Terms of Use

1.0 Introduction

These terms of use (“Terms”) are a legal agreement between OpEff Technologies LLC on behalf of itself and its affiliates and subsidiaries (collectively “OpEff”) and you, and describe the rules and conditions by which you may use any website, SaaS software applications, LinkedIn and Facebook sites, mobile app or other social media channel owned and/or operated by OpEff now or in the future (collectively and individually, the "Site”). The Site is owned and controlled by OpEff. Your use of the Site constitutes your agreement to these Terms. By using the Site, you agree to be bound by these Terms and any additional terms that may be posted for any specific OpEff Site. If you do not agree to these Terms, do not use the Site. OpEff reserves the right to modify or change these Terms from time to time, at OpEff’s sole discretion, without prior notice to you. Please periodically visit this section of the Site to review the current version of these Terms. By using the Site you agree to the most current version of the Terms and any and all future changes that may be placed in effect. You also agree to comply with any additional Terms which are referred to on this Site or any area within the Site. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND OpEff REGARDING THE SITE.

2.0 Website Content and Limits on Use

We provide this Site as a service to our customers. Unless otherwise noted, all Site content and functionality, including images, illustrations, designs, icons, photographs, video clips, software, and written and other content that are part of this Site, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the "Content") is owned or licensed by OpEff. The Site and all its Content are intended solely for your personal use. Except as described herein, you may not copy, reproduce, distribute, perform, create derivative or joint works from, publish, translate, adapt, modify, transmit, reverse-engineer, decompile, disassemble or otherwise exploit or use, in whole or in part, any of the Content and/or the Site, including but not limited to any software or any other item. You agree that if you download or print any images from the Site you do so solely for your own personal use and will not remove any copyright, trademark, and other notices that appear within the Site. No right, title or interest in any downloaded or printed Content is transferred to you as a result of any such downloading or printing or any other use.

OpEff grants you a personal, limited, non-exclusive, non-transferable, revocable license to install and use any proprietary software necessary to use the Site, including any updates and enhancements, in object code form, including on your mobile device, if necessary (the “License”). Except as otherwise expressly provided, OpEff grants no other express or implied rights to you in regard to the Site. The License granted to you may not be sublicensed, commercially distributed, or shared with any third party without the prior written consent of OpEff.

Except for information, products or services clearly and specifically identified as being supplied or endorsed by OpEff, OpEff does not endorse any products or services on this Site or other sites linked to or from it. OpEff may add, change, or remove any Content posted on this Site, including features and specifications of products described or depicted on the Site, at any time, without notice and without liability.

3.0 User Generated Content

If you send, post, or otherwise provide to OpEff any comments, content, reviews, or other materials (“Materials”), except for OpEff’s subscription-based SaaS software applications for which you pay a recurring usage fee and for which you may be bound by separate agreements, such Materials will be treated as non-confidential and non-proprietary. OpEff has a company policy against accepting unsolicited product ideas in order to avoid any conflicts or confusion concerning ownership of such ideas. By posting any such Materials, you represent to OpEff and the other users of the Site that you have the right to reproduce the Materials on the Site. You retain whatever ownership you may have in the Materials you post, but by posting them to the Site, you grant to OpEff a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use, reproduce, derive, distribute, compile, sell, offer for sale, and commercialize any ideas, concepts, know-how, techniques or copyrighted content contained in such Materials in any way and for any purpose whatsoever. OpEff shall have no obligation of any kind with respect to such Materials and will be free to use, reproduce, derive, distribute, delete, compile, sell, offer for sale, and commercialize the materials to others, without limitation.

4.0 Trademark Notice

OpEff names and logos and all related product and service names, design marks and slogans are the proprietary property of OpEff. All rights are reserved. Site visitors are not authorized to use any OpEff name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of OpEff. All other trademarks appearing on the Site are the property of their respective owners.

5.0 Rules for Using the Site

You agree to follow the conduct rules listed below:

• You will not knowingly provide or post any false, misleading, or fraudulent information. • You will not use this Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation. • All information provided or posted by you will not violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party. • Information provided or posted by you will not violate the trade secret rights of any third party. • Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive. • You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site. • You will not interfere or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you. • You will not use the Site to transmit any malware, spyware, trojan, virus, programs aimed at DOS attacks or similar destructive program or code. • You will not use web scraping tools, traffic interceptors, web automation tools or otherwise flood the Site with automated HTTP requests. • You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services. • You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.

6.0 Site Access

We may discontinue all or part of this Site at any time. We may block or limit your access to this Site if: (a) you violate these Terms; (b) you violate any applicable law or regulation relating to your use of this Site; (c) you engage in any conduct which we, in our sole discretion, believe is unauthorized, offensive, harmful, defamatory, or otherwise harmful to us or others. Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.

7.0 Links

The Site may contain links to websites operated by other entities, or display information or content regarding products or services offered by others. These other sites and other entities are not under our control, and we are not responsible for the content available on any other Internet sites linked to this Site or any action or inaction of any third party. We do not endorse or warrant the goods or services of any third party, and you visit other sites or engage in business with any third party at your own risk.

8.0 Privacy

Please review our Privacy Policy posted at each Site to understand our privacy practices for that Site. By using the Site, you also agree to the most-recent version of the Privacy Policy in effect at that Site. We may change the Privacy Policy at any time, and such changes will be reflected in the Privacy Policy posted on the Site or otherwise communicated to users of the Site.

9.0 Fraud Prevention

OpEff reserves the right to request further information from you to deter or investigate potential fraudulent transactions. This information may include, but is not limited to, a copy of the credit card statement that was used to complete the offers, in order to ensure a stolen credit card was not used. OpEff reserves the right to place any order on hold, for any reason, in order to investigate potentially fraudulent activity involving the Site. All decisions by OpEff regarding fraud or suspected fraud are binding and final.

10.0 Website Warranty Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ALL CONTENT ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. COMPANY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT ON THE SITE, ALTHOUGH COMPANY MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SITE WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A PARTICULAR SYSTEM. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU FURTHER ACKNOWLEDGE THAT OpEff SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

11.0 Limitation of Liability

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12.0 Indemnification

To the maximum extent permitted by applicable law, by visiting this Site, you agree to hold harmless OpEff, and any affiliated OpEff entity, their officers, directors, employees, sponsors, and agents (“Covered Parties”) from and against all claims, actions, demands, liabilities, judgments and settlements, including, without limitation, from any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this Site, including, without limitation, any economic harm, personal injury, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised OpEff of the possibility of such claim. Your sole remedy for dissatisfaction with the service is to stop using the service.

13.0 Children and Minors

This Site is not intended for minors. Minors and children (persons under the age of 18) are not eligible to use the Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

14.0 Miscellaneous

Unless otherwise specified, the Site and the Content thereof are displayed solely for the purpose of promoting our products and services, and our company. These Terms shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of New York, U.S.A. By using this Site, you agree and submit to the personal jurisdiction and venue of such courts.

You agree that in the event you have or may have any alleged claim against OpEff or any of our vendors, contractors, licensees, or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms and that you are not eligible to receive, and shall not seek, attorney’s fees in relation to any claim you have or may have against OpEff or its vendors or licensors.

15.0 Termination

The Terms shall remain effective until terminated as outlined herein. You agree that OpEff in its sole discretion may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. In such event and with respect to any use of a Site on a mobile device, you must immediately remove the Site from your mobile device, including all component parts. You agree that any actions taken under this Section may be effective without prior notice to you.

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