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.
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:
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.
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:
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.
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.
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.
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.
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.
[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.]
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.