OpConnect™ Terms of Use
PLEASE READ THIS TERMS OF USE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE
USING THIS SITE. BY USING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND
THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
This Agreement sets forth the terms of use for the website operated by OpConnect
LLC ("OCL") at www.opconnect.com (the "Site"). OCL reserves
the right to change, modify, add, or remove portions of this Agreement at any time.
Such changes, revisions or modifications shall be effective immediately upon notice
to you, which may be given by any means including, without limitation, via posting
on the Site. Your continued use of the Site after such notice shall be deemed to
constitute acceptance of such changes, revisions or modifications.
PRIVACY POLICY
OCL's Privacy Policy is a part of this Agreement and is incorporated herein by this
reference.
Click here to view our Privacy
Policy.
SCOPE OF USE
OCL invites you to view, use and download a single copy of this Site for your informational,
personal, non-commercial use. Except as otherwise provided herein, no part of any
materials, information, software, products or services included in or available
through this Site may be copied, downloaded, or stored in a retrieval system, nor
may the same be redistributed for any purpose, without the express written permission
of OCL.
COMPLIANCE WITH LAWS
You agree to comply with all laws, rules and regulations applicable to your use
of the Site.
TRADEMARKS
"OCL Marks" means OpConnect LLC; OpConnect Electric Vehicle Charging System;
Wireless Valet; and all other trademarks, service marks and other commercial symbols
used in connection with OCL's or its affiliates' business. All OCL Marks are the
exclusive property of OCL, its affiliates or third-party licensors. This Agreement
does not authorize you to use any OCL Mark, and you agree not to use any OCL Mark
in any manner without the prior written consent of OCL, which consent may be withheld
in the sole discretion of OCL. Unauthorized use of any OCL Mark may be a violation
of federal and state trademark laws.
COPYRIGHT
This Site is protected by U.S. copyright laws and international treaties. All materials
contained in the Site are the copyrighted property of OCL or its affiliates or third-party
licensors. Except for your informational, personal, non-commercial use as authorized
above, you may not use, modify, reproduce, distribute, transmit, republish or display
the content, design or layout of the Site, or any components thereof, without the
express written permission of OCL.
LINKS TO THIRD PARTY WEBSITES
This Site may produce automated search results or otherwise link you to other websites
on the Internet. These other websites are not under the control of OCL, and you
acknowledge and agree that OCL is not responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of such websites. The inclusion of such a
link does not imply endorsement of the website by OCL or any association with its
operators, and OCL disclaims all liability with respect to such linked websites,
including but not limited to your access to and/or use of the same.
USER SUBMISSIONS
Certain areas of this Site may enable you to post content, submit emails, or otherwise
provide feedback or other information to OCL.
YOUR PROVISION OF PERSONAL INFORMATION TO OCL
When you provide information about yourself to OCL, you agree to: (a) provide accurate,
current, and complete information about yourself; and (b) maintain and promptly
update such information to keep it accurate, current and complete. If you provide
any information that is untrue, inaccurate, or incomplete, or OCL has reasonable
grounds to suspect that such information is untrue, inaccurate, or incomplete, OCL
has the right to suspend or terminate any account you establish in connection with
your use of the Site and refuse any and all current or future use of the Site or
any portion thereof.
USER CONTENT ON THE SITE
You understand that all information, data, or other materials that are posted on
or transmitted in connection with the Site by you or another user ("User Content")
are the sole responsibility of the person from whom such User Content originated.
This means that you, and not OCL, are responsible for all User Content that you
upload, post, email, transmit or otherwise make available in connection with the
Site. OCL does not control the User Content posted and, as such, does not guarantee
the accuracy, integrity or quality of such User Content. You understand that by
using the Site, you may be exposed to User Content that is offensive, indecent or
objectionable. Under no circumstances will OCL be liable in any way for any User
Content, including, but not limited to, for any errors or omissions in any User
Content, or for any loss or damage of any kind incurred as a result of the use of
any User Content posted, emailed, transmitted or otherwise made available in connection
with the Site.
YOUR CONDUCT
In connection with your use of the Site, you agree not to:
- upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or harms minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted in connection with the Site;
- upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the operation of the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or
- collect or store personal data about other users.
Although OCL does not pre-screen User Content, OCL has the right, but not the obligation,
to delete or move any User Content for any reason. Without limiting the foregoing,
OCL has the right to remove any User Content that violates this Agreement.
YOUR GRANT OF LIMITED LICENSE
By posting or submitting User Content to the Site, you grant OCL and its affiliates
the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed,
and promote the User Content in any form, anywhere and for any purpose, subject
to OCL's Privacy Policy. You represent and warrant that you own or otherwise control
all rights in and to any such User Content, and that public posting and use of your
User Content by OCL will not infringe or violate the rights of any third party.
REGISTRATION AND PASSWORDS
The Site may permit or require you to register or obtain a password prior to permitting
access to certain products or services available through the Site. You acknowledge
and agree that you are responsible for maintaining the confidentiality of your registration
information and password, and for all uses of your password.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE"
FOR YOUR USE. THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. OCL AND ITS
AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT;
THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS
DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY
TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL OCL OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR OTHER LEGAL THEORY, EVEN IF OCL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, OCL'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED
TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless OCL, its affiliates, and their
respective employees, contractors, agents, officers, and directors from all liabilities,
claims, and expenses (including reasonable attorneys' fees) that arise out of or
are related to any User Content you submit, post, transmit or make available through
the Site, your violation of this Agreement, or your violation of any third party
rights.
SECURITIES LAWS
This Site may include statements concerning OCL's and/or its affiliates' operations,
prospects, strategies, financial condition, future economic performance and demand
for OCL's and its affiliates' products or services, as well as its intentions, plans
and objectives, that are forward-looking statements. These statements are based
upon a number of assumptions and estimates that are subject to significant uncertainties,
many of which are beyond our control. When used on the Site, words like "anticipates,"
"expects," "believes," "estimates," "seeks,"
"plans," "intends," and similar expressions are intended to
identify forward-looking statements designed to fall within securities laws safe
harbors for forward looking statements. The Site and the information contained herein
do not constitute an offer or a solicitation of an offer for sale of any securities.
None of the information contained herein is intended to be, and shall not be deemed
to be, incorporated into any of OCL's or its affiliates' securities-related filings
or documents.
CHOICE OF LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of Oregon without regard
to the conflicts of laws rules of any jurisdiction. Every dispute concerning the
interpretation or effect of this Agreement and/or your use of the Site must be resolved
in the state or federal courts situated in the State of Oregon. You agree to the
personal jurisdiction, subject matter jurisdiction, and venue of these courts.
EQUITABLE RELIEF
You acknowledge that any breach or threatened breach of this Agreement will result
in irreparable harm for which damages would not be an adequate remedy, and, therefore,
in addition to its rights and remedies otherwise available at law, OCL shall be
entitled to seek immediate equitable relief, including injunctive relief, as appropriate.
If OCL seeks any equitable remedies, it shall not be precluded or prevented from
seeking remedies at law, nor shall it be deemed to have made an election of remedies.
ATTORNEYS' FEES
In addition to any other relief, the prevailing party in any action arising out
of this Agreement shall be entitled to attorneys' fees and costs.
SEVERABILITY
If any provision of this Agreement is held unenforceable or invalid under any applicable
law or is so held by applicable court decision, such unenforceability or invalidity
will not render this Agreement unenforceable or invalid as a whole, and such provision
will be changed and interpreted so as to best accomplish the objectives of such
unenforceable or invalid provision within the limits of applicable law or the applicable
court decisions.
WAIVER
Any waiver by OCL of a breach of any provision of this Agreement shall not operate
as or be construed to be a waiver of any other breach of such provision or of any
breach of any other provision of this Agreement. Any waiver must be in writing.
Failure by OCL to insist upon strict adherence to any term of this Agreement on
one or more occasions shall not be considered a waiver or deprive OCL of the right
to insist upon strict adherence to that term or any other term of this Agreement.
TERMINATION
OCL reserves the right, in its sole discretion, to terminate your access to all
or part of the Site, with or without notice, for any reason or no reason, including
without limitation your violation of this Agreement.
QUESTIONS
If you have any questions about this Agreement, you can contact us as follows:
* You can send your request for information to the following email address:
webmaster@opconnect.com
* You can send your request for information to the following postal address:
OpConnect LLC
3030 SW 1st Ave
Portland, OR 97201
Attn: Customer Service