These Terms of Service (“Terms“) govern your access to and use of Opsimize (the “Services“), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content“). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. The term “you” or “User” refers to a user who browses the Opsimize website or registers for Opsimize service. The term “we” refers to EPOSability. This Agreement applies exclusively to your access to and use of Opsimize, and does not alter any other agreement you may have with us.
For information about EPOSability’s data protection practices as they relate to use of Opsimize, please read EPOSability’s Privacy and Security Policy, provided to you as a separate document. This policy explains how EPOSability treats your personal information when you access and use the Services. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Services.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof.
You may use the Services only if you can form a binding contract with EPOSability and are not a person barred from receiving services under the laws of England or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, national, and international laws, rules and regulations.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
Under no circumstances will EPOSability be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, EPOSABILITY AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. EPOSability will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that EPOSability has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from EPOSability or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by EPOSability of such websites or resources or the content, products, or services available from such websites or resources. EPOSability is not responsible for the products and services offered by or on third-party sites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EPOSABILITY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT EPOSABILITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You shall defend, indemnify and hold harmless EPOSability and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of these Terms by you.
These terms will continue to apply until terminated by either you or EPOSability as set out below. If you want to terminate your legal agreement with EPOSability, you may do so by closing your account for the Services.
Please use the directions below to cancel your account:
Send email to EPOSability with your request to delete your account. Please include: (i) your login ID email address; (ii) your name. Because email may be forged, you may be asked to verify that you are indeed the account owner.
EPOSability may at any time, terminate its legal agreement with you:
The failure of EPOSability to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by and interpreted in accordance with English law. If any party wants to take court proceedings in relation to The Service, it must do so in England. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access The Service.
These Terms, the EPOSability Rules, our Privacy and Security Policy, and the other terms and conditions reference herein are the entire and exclusive agreement between EPOSability and you regarding the Services, and these Terms supersede and replace any prior agreements between EPOSability and you regarding the Services.
We may revise these Terms from time to time, the most current version will always be at http://www.opsimize.com/terms.html. If the revision, in our sole discretion, is material we may notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.