Please read the following terms and
conditions carefully. By accessing this Web site and any pages
hereof, you are indicating that you have read, acknowledge and
assent to be bound by these terms and conditions. If you do not
agree to these terms and conditions, do not access this Web
site. OpenPeak Inc. (“OpenPeak”) reserves the right to change
these terms and conditions at any time, and you are responsible
for regularly reviewing these terms and conditions. Your
continued use of this Web site constitutes your agreement to all
such terms and conditions.
General
Unauthorized use of OpenPeak's Web site and systems, including,
but not limited to, unauthorized entry into OpenPeak's systems,
misuse of passwords or misuse of any other information, is
strictly prohibited. You may not use this Web site in any manner
that could damage, disable, overburden, or impair any OpenPeak
site or service or interfere with any other party's use and
enjoyment of any OpenPeak site or service. You may not attempt
to gain unauthorized access to any OpenPeak site or service,
computer systems or networks connected to any OpenPeak site or
service, through hacking, password mining or any other means.
You agree that you will not engage in any activities related to
this Web site that are contrary to applicable laws or
regulations.
The information and materials on this Web site may contain
typographical errors or inaccuracies. OpenPeak reserves the
right, in its sole discretion, without any obligation and
without any notice requirement, to change, improve or correct
the information, materials and descriptions on this Web site and
to suspend and/or deny access to this Web site for scheduled or
unscheduled maintenance, upgrades, improvements or corrections.
Any dated information is published as of its date only, and
OpenPeak does not undertake any obligation or responsibility to
update or amend any such information. OpenPeak may discontinue
or change any product or service described in or offered on this
Web site at any time.
OpenPeak shall have the right at any time to change or
discontinue any aspect or feature of the Web site, including,
but not limited to, content, hours of availability and equipment
and/or software required for access or use of this Web site.
OpenPeak may also change the terms and conditions set forth in
this Terms of Use, and any subsequent use of the Web site by you
constitutes your agreement to such changed terms and conditions.
Any rights not expressly granted herein are reserved to OpenPeak.
Disclaimer of Warranties
The information, products and services on this Web site are
provided on an "AS IS" basis. OpenPeak does not warrant the
information or services provided herein or your use of this Web
site generally, either expressly or impliedly, for any
particular purpose and expressly disclaims any implied
warranties, including but not limited to, warranties of title,
non-infringement, merchantability or fitness for a particular
purpose. OpenPeak will not be responsible for any loss or damage
that could result from the receipt or use of any information or
services made available to you via this Web site. Although the
information provided to you on this Web site is obtained or
compiled from sources we believe to be reliable, OpenPeak cannot
and does not guarantee the accuracy, validity, timeliness or
completeness of any information or data made available to you
for any particular purpose.
Limitation of Liability
Neither OpenPeak, nor any of its affiliates, directors,
officers, employees, agents or representatives, will be liable
or have any responsibility of any kind for any loss or damage
that you incur in the event of any failure or interruption of
this Web site, or resulting from the act or omission of any
other party involved in making this Web site, the data contained
herein or the products or services offered on this Web site
available to you, or from any other cause relating to your
access to, inability to access, or use of the Web site or these
materials, whether or not the circumstances giving rise to such
cause may have been within the control of OpenPeak or of Any vendor providing software or
services. IN ANY EVENT, UNDER NO CIRCUMSTANCES SHALL OPENPEAK BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF OR
INABILITY TO USE THIS Web site OR CONTENT CONTAINED HEREIN,
INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE CONTENT,
INTERRUPTIONS, ERRORS, DEFECTS (BOTH PATENT AND LATENT),
MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES,
DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF CONTENT,
DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF
PERFORMANCE, EVEN IF OPENPEAK HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. This limitation on liability
includes, but is not limited to, the transmission of any viruses
which may infect a user's equipment, failure of mechanical or
electronic equipment or communication lines, telephone or other
interconnect problems (e.g., you cannot access your Internet
service provider), unauthorized access, theft, operator errors,
strikes, or other labor problems or any force majeure. OpenPeak
cannot and does not guarantee continuous, uninterrupted or
secure access to the Web site.
Privacy Notice
We are committed to protecting your privacy and security and
have explained the steps we take to do so in our Privacy Notice,
which is also posted on our Web site.
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Proprietary Rights
All right, title, and interest in this Web site and any content
contained herein is the exclusive property of OpenPeak, except
as otherwise stated. Unless otherwise specified, this Web site
is for your personal and non-commercial use only. You may not
modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, frame, create derivative works from, transfer,
or otherwise use in whole or in part any information, software,
products or services obtained from this Web site without
OpenPeak's prior written approval. You may download textual
material from this Web site for your own personal,
non-commercial use only, provided you do not modify the
materials and keep intact all copyright and other proprietary
notices. You may not further distribute or display such
materials for any purpose. If you download any information or
software from this Web site, you agree that you will not remove
or obscure any copyright or other notices or legends contained
in any such information.
OpenPeak, OpenFrame, and the OpenPeak products and services
referenced herein are either registered and unregistered
trademarks of OpenPeak. The absence of a product name or logo on
this web site does not constitute a waiver of OpenPeak's
trademark or other intellectual property rights concerning that
name or logo. The names and trademarks of other companies and
third-party products and services mentioned herein are the
property of their respective owners. You are prohibited from
using any marks for any purpose including, but not limited to,
use as metatags on other pages or sites on the World Wide Web
without the written permission of OpenPeak or such third party
which may own the marks.
We respect the intellectual property rights of others, and
require that the people who use this Web site to do the same.
Third Party Content and
HyperLinks
This Web site may contain content supplied by third parties. Any
opinions, advice, statements, services, offers, or other
promises, representations or warranties contained in such third
party content are strictly those of the respective author(s) or
distributor(s) and not of OPENPEAK.
This Web site may also contain links to and may be linked from
third-party Web sites. These links are provided only as a
convenience to you. If you use these links, you will leave our
Web site. OpenPeak has not reviewed any of these third-party Web
sites and does not control and is not responsible for any of
these Web sites or their content. The inclusion of any link is
not and does not imply an affiliation, sponsorship, endorsement,
approval, investigation, verification or monitoring by OpenPeak
of any information contained in any third-party Web site. In
no event shall we be responsible for
the information contained on that site or your use of or
inability to use such site.
OpenPeak does not endorse or make any representations about
those other Web sites or their content, or any information or
product or materials found therein. If you decide to access any
of the third-party Web sites linked to our Web site, you do so
entirely at your own risk. You should also be aware that the
terms and conditions of such site and the site's privacy policy
may be different from those applicable to your use of this Web
site. No judgment or warranty is made with respect to the
accuracy, timeliness or suitability of the content of any site
to which our web site may link, including information on any
such site regarding us or our Web site, and OpenPeak takes no
responsibility therefor. By providing access to other Web sites,
OpenPeak is not recommending the products and services of any
company, nor is it endorsing products or services provided by
any other Web site's sponsoring organization.
Jurisdiction and Choice of Law
We control and operate this Web site from our offices in the
United States of America. We do not represent that materials on
this Web site are appropriate or available for use in other
locations. Persons who choose to access this site from other
locations do so on their own initiative, and are responsible for
compliance with local laws, if and to the extent local laws are
applicable.
This agreement shall be governed by and construed in accordance
with the laws of the state of Florida, without regard to
conflicts of laws provisions. Sole and exclusive jurisdiction
for any action or proceeding arising out of or related to this
agreement shall be in an appropriate state or federal court
located in the County of Palm Beach, State of Florida, and the
parties unconditionally waive their respective rights to a jury
trial. Any cause of action you may have with respect to your use
of this site must be commenced within one (1) year after the
claim or cause of action arises. If for any reason a court of
competent jurisdiction finds any provision of this agreement, or
a portion thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to effect the
intent of this agreement, and the remainder of this agreement
shall continue in full force and effect. This agreement
constitutes the entire agreement between OpenPeak and you with
respect to this site and it supersedes all prior or
contemporaneous communications, agreements and understandings
between OpenPeak and you with respect to the subject matter
hereof. A printed version of this agreement shall be admissible
in judicial or administrative proceedings.
Enforceability
You agree that the foregoing terms and conditions, combined with
your act of using this Web site and/or the services offered on
or through this Web site have the same legal force and effect as
a written contract with your written signature and satisfy any
laws that require a writing or signature, including any
applicable Statute of Frauds. You further agree that you shall
not challenge the validity, enforceability or admissibility of
this Terms of Use on the grounds that it was electronically
transmitted or authorized. In addition, you acknowledge that you
have had the opportunity to print the Terms of Use. Furthermore,
no delay or omission by OpenPeak to exercise any right or any
noncompliance on your part with respect to the Terms of Use
shall impair any such right or be construed to be a waiver by
OpenPeak. If any provision of the Terms of Use is found by a
court of competent jurisdiction to be invalid or unenforceable
in whole or in part, such provision shall, as to such
jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without in any manner affecting the validity or
enforceability thereof in any other jurisdiction or the
remaining provisions hereof in any jurisdiction, provided,
however, if such invalid or unenforceable provision may be
modified so as to be valid and enforceable as a matter of law,
such provision will be deemed to have been modified so as to be
valid and enforceable to the maximum extent permitted by law. |
