OpenPeak Web Site Terms of Use


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 Liabilities

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.

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, ADAM, SANCTION, SECTOR, OPENSHOP, SPECTRUM 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.