Acceptance of Terms
Intellectual Property; Limited License to Users; Trademark Information
The trademarks, service marks, logos, URLs and domain names, including, but not limited to, Opticard ("Marks") displayed on this Site are the property of Opticard or other third parties. You are not permitted to use the Marks without the prior written consent of Opticard or such third party that may own the Marks.
Use of Site and Services
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Reports. You must adhere to all limitations on dissemination, usage and reproduction of any Reports that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize for business and/or marketing purposes, send or receive Reports in an appropriate manner as related to the particular Reports or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Reports, you agree that you shall not:
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
- Use or attempt to gain access to or use another's account, password, Reports or computer systems or networks connected to any Opticard server or to the Site without authorization from Opticard, whether through hacking, password mining or any other means.
- Remove or falsely add to any Reports any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Reports.
- Access or attempt to access any Reports that you are not authorized to access or Reports through any means not intentionally made available through the Site or Services.
- Use the Site, Services or any Reports in any manner that infringes any Intellectual Property Rights or other rights of any party.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Reports, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
- Transmit unsolicited or bulk communications to any Opticard account holder or to any Opticard affiliated e-mail address.
- Submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others.
- Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Reports or Services.
- Breach any guidelines or other codes of conduct applicable to a particular Service.
- Access or use the Site in any manner that could damage, disable, overburden or impair any Opticard server or the network(s) connected to any Opticard server.
- Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
- Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
- Violate the rights of Opticard or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
- Use any Opticard domain name as a pseudonymous return e-mail address.
Certain Services and Reports will only be made available to users who have paid Opticard a fee for such Services and Reports. Such users may additionally be required to enter into a Service Agreement for that particular Service or to generate such Report.
Opticard, in its sole discretion, may (but has no obligation to) monitor or review the Reports and Services at any time. Subject to the terms and conditions of any existing Service Agreement, as applicable, Opticard may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Reports or an area of the Site where Reports can be generated; and (b) disclose any information related to your use of a Service or Report as Opticard deems necessary to comply with applicable law, regulation, legal process or governmental request.
If you are required to establish an account in connection with a particular Service, you must complete the designated registration process for such Service. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and 3
other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Opticard immediately. If any Services or Reports provide password-restricted access to your sensitive information then by accessing or using this Site and setting up a password-restricted account for such Services or Reports, you consent to Opticard's display of such information via such Services or Reports and accept all risks of unauthorized access to such information.
Use of Reports & Services
Except as indicated to the contrary elsewhere on this Site, and subject to the terms and conditions of any existing Service Agreement, as applicable, you may view, download, and print the Reports generated via this Site and utilize the Services enabled via this Site for authorized business and/or marketing purposes subject to the following conditions:
- You will not quote or display the Reports, or any portions thereof, out of context.
- Subject to the terms and conditions of any existing Service Agreement, as applicable, Opticard reserves the right to revoke the authorization to view, download and print the Reports generated via this Site at any time, and any such use shall be discontinued immediately upon notice from Opticard.
- Any Reports or Services made available only upon payment of a fee or execution of any Service Agreement may only be utilized, viewed, downloaded and printed subject to your payment of such fee or execution of such Service Agreement.
- Use of the Reports or Services for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The rights specified above to utilize the Services and to view, download and print the Reports available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Opticard. In addition, various sections of the Site may showcase the work of creative professionals. Such work belongs to its creators, may be protected by Intellectual Property Rights, and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
Restriction and Termination of Use
Subject to the terms and conditions of any existing Service Agreement, as applicable, Opticard may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Reports at any time in Opticard’s sole discretion, without prior notice or liability to you.
Links to Third Party Sites
The Site, Services or Reports may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Opticard to you as a convenience and the inclusion of the links do not imply any endorsement by Opticard of any Linked Site. Opticard has no control of the Linked Sites and you therefore acknowledge and agree that Opticard is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that Opticard is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.
Warranties and Disclaimers
THIS SITE, SERVICES AND REPORTS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. OPTICARD MAY MAKE CHANGES TO THE SITE, REPORTS AND SERVICES AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, REPORTS AND SERVICES MAY BE OUT OF DATE, AND OPTICARD MAKES NO COMMITMENT TO UPDATE THE SITE, REPORTS AND SERVICES.[YOU ACKNOWLEDGE AND AGREE THAT: (i) OPTICARD DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) OPTICARD MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) OPTICARD SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY SERVICES OFFERED BY THIRD PARTIES.]
OPTICARD SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND REPORTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTICARD WILL HAVE NO LIABILITY RELATED TO USER REPORTS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
This Site can be accessed from countries around the world and may contain references to Opticard products, services and programs that are not available in your country. These references do not imply that Opticard intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Opticard from its offices within the United States of America. Opticard makes no representation that the Site, the Services or Reports are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Reports are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
Personal Information and Privacy
Limitation of Liability
IN NO EVENT SHALL OPTICARD, ITS AFFILIATES OR RESELLERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF OPTICARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR REPORTS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE OR SERVICES; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, REPORTS OR OTHER CONTENT; (5) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (6) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (7) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Spam E-Mail and Postings
Advertisements and Promotions
[Opticard may run advertisements and promotions from third parties via the Site, Services or Reports in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Reports, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Opticard is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Opticard advertisers on the Site or in connection with the Services or Reports.]
Indemnity and Liability
Governing Law and Jurisdiction
This Site (excluding linked sites) is controlled by Opticard from its offices within the State of Nebraska, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Nebraska, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of an appropriate state or federal court in Nebraska with respect to such matters.