Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE OPSRULES WEB SITE, YOU ARE AGREEING TO THESE TERMS OF USE.

The web site www.opsrules.com (the "Site") is owned and operated by OpsRules Partners, LLC. ("OPS"). Your use and access of the Site is expressly conditioned on your acceptance of the following terms and conditions. If you do not agree to all of these terms and conditions of use, you may not use or access the Site.

1. USE OF THE SITE

Subject to these terms of use, OPS grants you a limited, personal, nontransferable and nonexclusive license to access and use the Site, for the noncommercial purpose of viewing and reading the Content on the Site. You may not create any hyperlink to any Content (as defined below) on the Site, except a link to "http://www.opsrules.com."

2. CONTENT RIGHTS AND OWNERSHIP

All information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content") presented to you on the Site are owned by OPS and various third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content without the written permission of OPS or such other party that may own the Content. Any copying, distribution, retransmission or modification of Content on the Site, whether in electronic or hard copy form, without the express prior written permission of OPS is strictly prohibited.

All trademarks on the Site are owned exclusively by OPS, unless otherwise noted. No license or grant of any rights, express or implied, are granted in or to the OPS trademarks.

3. PRIVACY POLICY

You acknowledge that you have read the OPS Privacy Policy, the terms of which are incorporated herein.

4. AMENDMENT

OPS may amend these terms of use at any time by posting the amended terms on the Site. Except as stated below, all amended terms will automatically be effective upon posting on the Site. This Agreement may not be otherwise amended except in a writing signed by you and OPS. If you do not or cannot agree to the amended terms, your only option is to cease all use and access of the Site.

5. LINKS

The Site may contain links to other World Wide Web sites or resources. Because OPS has no control over such sites and resources, you acknowledge and agree that OPS is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, privacy policies, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that OPS will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

6. MODIFICATION OF SITE

OPS reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that OPS will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

7. INDEMNITY

You agree to indemnify and hold OPS and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees harmless from any claim or demand, including without limitation, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these terms of use, or your violation of any rights of another.

8. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

OPS MAKES NO WARRANTY THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS, (2) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE SITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

9. LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OPS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (iv) ANY OTHER MATTER RELATING TO THE SITE. SOME STATES DO NOT ALLOW LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

10. NOTICE

Notices to you may be made via either e-mail or regular mail. The Site may also provide notices of changes to the terms of use or other matters by displaying notices or links to notices to you generally on the Site.

11. GENERAL INFORMATION

These terms of use constitute the entire agreement between you and OPS and govern your use of the Site, superceding any prior agreements between you and OPS with respect to the Site. The failure of OPS to exercise or enforce any right or provision will not constitute a waiver of such right or provision. If any provision is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions remain in full force and effect. THE AGREEMENT AND THE RELATIONSHIP BETWEEN YOU AND OPS WILL BE GOVERNED BY THE LAWS OF THE STATE OF MASSACHUSETTS WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AND OPS AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN MIDDLESEX COUNTY, MASSACHUSETTS.
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