THIS WEB SITE IS PROVIDED BY OPTIMUS STRUCTURES, LLC (“OPTIMUS”) AND MAY BE USED FOR INFORMATIONAL PURPOSES ONLY. BY USING THIS WEB SITE, YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO BE BOUND BY, THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW (COLLECTIVELY REFERRED TO AS “THIS AGREEMENT”) IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION, AS WELL AS BY ALLAPPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS THIS WEB SITE.
Restrictions on Use
Except as otherwise permitted in writing by OPTIMUS, no materials from this Web Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this Web Site for noncommercial, personal use only. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of this Web Site for public or commercial purposes, including any text, images, audio, or video without OPTIMUS's written permission. You may not mirror any material contained on this Web Site on any other server. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OPTIMUS without its express written consent. You may not use any meta tags or any other "hidden text" utilizing OPTIMUS's name or trademarks without the express written consent of OPTIMUS. Any unauthorized use terminates the permission or license granted by OPTIMUS under this Agreement.
All content included on this Web Site, including text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Materials”) is the property of OPTIMUS or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All such content is copyrighted as a collective work under the U.S. copyright laws (17 U.S.C. Sections 101, et. seq.) and international treaty provisions, and OPTIMUS owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content on this Web Site, in whole or in part. Any use other than as specifically contemplated herein is strictly prohibited. All marks, names, and logos mentioned on this Web Site are the property of their respective owners. Your use of such trademarks is strictly prohibited.
OPTIMUS grants you a limited, non-exclusive, non-transferable personal license to access, display, and copy the Materials on this Web Site for personal, non-commercial use only, subject to the requirements set forth in this Agreement. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. All rights not expressly granted herein are reserved.
Disclaimer of Warranties
You expressly agree that use of this Web Site is at your sole risk. Neither OPTIMUS, nor its affiliates, nor any of their officers, directors or employees, agents, third-party content providers, merchants, sponsors or licensors (collectively, “Providers”), warrant that this Web Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Web Site, or as to the accuracy, completeness, reliability, security or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, OPTIMUS does not warrant reliability of any advice, opinion, statement or other information displayed or distributed through this Web Site. OPTIMUS reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Web Site. OPTIMUS may make any other changes to this Web Site, the Materials and the products, programs, services or prices (if any) described in this Web Site at any time without notice.
THIS WEB SITE AND THE INFORMATION, CONTENT AND MATERIALS ON THIS WEB SITE, ARE PROVIDED BY OPTIMUS ON AN "AS IS," “WHERE IS” AND “WHERE AVAILABLE” BASIS. OPTIMUS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION OR THE MATERIALS ON THIS WEB SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. OPTIMUS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY THE MATERIALS, CONTENT OR INFORMATION ON THIS WEB SITE OR ANY PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THIS WEB SITE OR YOUR USE OF THIS WEB SITE GENERALLY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, NON-INFRINGEMENT, AND NON-INTERFERENCE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
Limitation of Liabilities
YOU AGREE THAT OPTIMUS AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT OR INFORMATION ON THIS WEB SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL OPTIMUS OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT OR INFORMATION ON THIS WEB SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS WEB SITE, YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER OPTIMUS OR ANY OF ITS PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THESE LIMITATIONS APPLY EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE AND THAT, WITHOUT THESE LIMITATIONS, YOU WOULD PAY A HIGHER FEE FOR THE SERVICES PROVIDED HEREUNDER. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Representations and Warranties
By using this Web Site, you represent and warrant that (i) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (ii) you will use this Web Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions of this Agreement; (iii) you are authorized to sign for and bind any entity for whom you are acting a representative or other agent; (iv) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from OPTIMUS for any purpose.
Legal and Medical Information
This Web Site may contain general information relating to various legal and medical matters. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by an attorney or physician.
You agree to indemnify, defend and hold harmless OPTIMUS, its affiliates, agents, employees and licensors from and against any and all claims and expenses, including reasonable attorneys' fee, arising out of or related in any way to your use of this Web Site, violation of this Agreement, violation of any law or regulation or violation of any proprietary or privacy right.
Any dispute relating in any way to your use of this Web Site shall be submitted to confidential arbitration in Las Vegas, Nevada, except that, to the extent you have in any manner violated or threatened to violate OPTIMUS's intellectual property rights, OPTIMUS may seek injunctive or other appropriate relief in any court, and you consent to exclusive jurisdiction and venue in such court. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Term and Termination
Without limiting its other remedies, OPTIMUS may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the license granted under this Agreement if you fail to comply with any term or condition of this Agreement. Upon such violation, you agree to terminate access to this Web Site.
As a convenience to you, OPTIMUS may provide, on this Web Site, links to Web sites operated by other entities (collectively, the “Linked Sites”). If you use any Linked Sites, you will leave this Web Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled or otherwise governed by OPTIMUS. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by OPTIMUS. OPTIMUS does not endorse, make any representations regarding or warrant any information, goods and/or services appearing or offered on any Linked Site, other than linked information authored by OPTIMUS. Links do not imply that OPTIMUS or this Web Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of OPTIMUS or any of its affiliates or subsidiaries. Except for links to information authored by OPTIMUS, OPTIMUS is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. OPTIMUS reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the web masters of any Linked Sites concerning any information, goods or services appearing thereon.
Choice of Law
This Web Site is controlled, operated and administered by OPTIMUS from its offices within the United States of America. OPTIMUS makes no representation that materials at this Web Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this Web Site from locations outside of the United States, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the State of Nevada, without giving effect to its conflict of laws provisions that direct the application of the laws of a different jurisdiction. This is the case regardless of whether you reside or transact business with OPTIMUS in Nevada or elsewhere.
Limitations on Claims
Any cause of action you may have with respect to your use of this Web Site must be commenced within one (1) year after the claim or cause of action arises.
This Agreement constitutes the entire agreement between OPTIMUS and you with respect this Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and OPTIMUS with respect to this Web Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or adminis-
trative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Modifications to Agreement
OPTIMUS may revise this Agreement at any time. Each time you access this Web Site, you agree to be bound by the terms and conditions of this Agreement then in effect. It is your responsibility to review this Agreement each time you access this Web Site. OPTIMUS does not and will not assume any obligation to notify you of changes to this Agreement.