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account which User is not authorized to access; (vii) interfere or
disrupt networks connected to the Service; (viii) upload, post,
promote or transmit through the Service any harassing, libelous,
abusive, threatening, harmful, vulgar, obscene, hateful, racially,
ethnically or otherwise objectionable material of any kind or nature;
(ix) upload amounts of data and/or materials in excess of any limits
specified by OPS from time to time and not to create large numbers
of accounts or otherwise transmit large amounts of data so as to
clog the Service or comprise a denial of service attack or otherwise
so as to have a detrimental effect on the Service; or (x) upload,
promote, transmit or post any material that encourages conduct
that could constitute a criminal offence or give rise to civil liability.
User acknowledges OPS’ proprietary rights in the Service and
associated documentation and shall protect the proprietary nature
thereof. If User suggests any new features, functionality or
performance for the Service that OPS subsequently incorporates
into the Service (or any other software or service), User hereby
acknowledges that (i) OPS shall own, and has all rights to use, such
suggestions and the Service (or any other service) incorporating
such new features, functionality, or performance shall be the sole
and exclusive property of OPS; and (ii) all such suggestions shall be
free from any confidentiality restrictions that might otherwise be
imposed upon OPS.
User IDs
Portions of the Service, require an account. In connection with es-
tablishing an account you will be required to provide a unique user
identification name (email address) and password for access to and
use of the Service ("User ID). You are entirely responsible for main-
taining the confidentiality of your User ID and account, including
your password, and for any and all activity that occurs under your
account as a result of your failing to keep this information secure
and confidential. You agree to notify OPS immediately of any
unauthorized use of your account or password, or any other breach
of security. You may be held liable for losses incurred by OPS as a
result of your failing to keep your account information secure and
confidential. OPS cannot and will not be liable for any loss or dam-
age arising from your failure to comply with these obligations. You
may not share your User ID with any other user of the Service.
Site and Application Content
All text, graphics, data, user interfaces, visual interfaces, photo-
graphs, trademarks, logos, sounds, music, artwork and computer
code (collectively, "Content"), including, but not limited to, the
design, structure, selection, coordination, expression, "look and
feel" and arrangement of such Content, contained in the Service is
owned or licensed by OPS and is protected by copyright, patent and
trademark laws. Except as expressly provided in these Terms, you
do not obtain any rights, title or interest in or to the Content. The
Service may display content that is not owned by OPS. This content
is the sole responsibility of the entity that makes it available. Intel-
lectual Property ownership of this content is reserved specifically to
the entity providing the content.
You may use publicly available information regarding our products
and Services (such as product data sheets, videos, written articles
and similar materials) purposely made available by OPS for down-
loading from the Site, provided that you 1) do not remove, obscure
or alter any proprietary notices or legal statements displayed in or
in connection with such Content, 2) use such information only for
your personal, non-commercial informational purpose, 3) make no
modifications to any such information, and 4) do not make any ad-
ditional representations or warranties relating to such documents.
Except for the foregoing, you may not copy or distribute any Con-
tent. Additionally, you may not remove, obscure, or alter any legal
notices displayed in or along with OPS’ product or Service.
In connection with your use of the Site, Application, Product or Ser-
vice, OPS may send you announcements, administrative messages,
and other information. You may opt out of some of those commu-
nications through the procedures set forth in our Privacy Policy.
Portions of the Service may allow you to upload, submit, store,
send or receive content. Additionally, the Service may contain
bulletin board services, forums, communities or other message
or communication facilities designed to enable you to communi-
cate and interact with other Users (the "Public Areas"). You agree
to use the Public Areas only to post, send and receive messages
and materials that are proper and, when applicable, related to the
particular Public Area. OPS has no obligation to monitor the Public
Areas, provided, however, OPS reserves the right to review materi-
als posted to the Public Areas and to remove any materials at any
time, without notice, for any reason and in our sole discretion. OPS
reserves the right to terminate or suspend your access to any or
all of the Public Areas at any time, without notice, for any reason
whatsoever. You acknowledge that postings and other communi-
cations by Users are not controlled or endorsed by OPS, and such
communications shall not be considered reviewed, screened or
approved by OPS. Statements made in postings, forums, bulletin
boards and other Public Areas reflect only the views of their
authors. OPS specifically disclaims any liability with regard to the
Public Areas and any actions resulting from your participation in
any Public Areas.
You acknowledge and agree that your communications with other
Users via the Public Area or otherwise is public and not private
communications, and that you have no expectation of privacy con-
cerning your use of the Public Areas. You acknowledge that person-
al information that you communicate on the Public Areas may be
seen and used by others and result in unsolicited communications;
therefore, WE STRONGLY ENCOURAGE YOU NOT TO DISCLOSE
ANY PERSONAL INFORMATION ABOUT YOURSELF THROUGH THE
PUBLIC AREAS. We are not responsible for information that you
choose to communicate to other Users via the Public Areas, or for
the actions of other Users.
When you upload, submit, store, send or receive content to or
through our Services, you give OPS (and those we work with) a
perpetual, irremovable, worldwide license to use, host, store, repro-
duce, modify, create derivative works (such as those resulting from
translations, adaptations or other changes we make so that your
content works better with our Services), communicate, publish,
publicly perform, publicly display and distribute such content.
The rights you grant in this license are for the limited purpose of
operating and improving our Services, and to develop new services.
This license continues even if you stop using our Services. Also, in
some of our Services, there are terms or settings that narrow the
scope of our use of the content submitted in those Services. Make
sure you have the necessary rights to grant us this license for any
content that you submit to our Services.
You acknowledge that OPS exercises no control whatsoever over
the content of your information and it is your sole responsibility to
provide the information, and to ensure that the information you
transmit or receive complies with all applicable laws and regulations
now in place or enacted in the future. OPS is under no obligation,
however, to review your information for accuracy, potential liability
or for any other reason.
OPS shall have the right to utilize data capture, syndication
and analysis tools, and other similar tools, to extract, compile,
synthesize, and analyze any non-personally identifiable data or in-
formation resulting from your access and use of the Service ("Blind
Data"). To the extent that any Blind Data is collected by OPS, such
Blind Data shall be solely owned by OPS and may be used by OPS
for any lawful business purpose without a duty of accounting to
User, including, without limitation, providing User with the opportu-
nity for User to benchmark itself against its peers, provided that the
Blind Data is used only in an aggregated form, without specifically
identifying the source of the Blind Data. Without assuming any
obligations or liabilities of User, OPS agrees to use commercially
reasonable efforts to comply with the applicable U.S. laws and reg-
ulations respecting the dissemination and use of such Blind Data.
OPS has reasonable security measures in place to protect person-
ally identifiable information and sensitive data that is generated by
User’s use of the Service and received by OPS. While no computer
system or server is completely secure, OPS believes the measures
it has implemented reduce security problems. You can find more
information about how OPS uses and stores content in the Privacy
Policy or additional terms for particular Services.
Term; Termination
These Terms shall commence upon OPS providing User with access
to the Service and shall continue until terminated in accordance
with the terms hereof. These Terms will automatically terminate
in the event User fails to timely pay for the Services or otherwise
breaches any of these Terms. Termination will be effective without
notice. User may terminate these Terms at any time by ceasing to
use the Service. Additionally, OPS reserves the right to terminate
access to this Service or take other actions it reasonably believes
necessary to comply with the law or to protect its rights or those
of its Users.
Upon termination of these Terms for any reason, User’s right to use
the Service shall immediately cease. The terms and provisions set
forth herein, other than the continued use of the Service, shall sur-
vive any termination of these Terms. Termination of these Terms
shall not relieve either party of any obligation accrued prior to the
termination date.
User acknowledges and agrees that in the event of any breach of
these Terms by User, OPS will suffer irreparable harm and shall
therefore be entitled to obtain injunctive relief against User. Ad-
ditionally, OPS may take whatever remedial action it determines in
its sole discretion is appropriate if User violates these restrictions,
including, but not limited to, immediate suspension or cancellation
of the Service, and criminal proceedings.
Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL
FAULTS AND WITHOUT WARRANTY OF ANY KIND. OPS MAKES NO
REPRESENTATION OR WARRANTY (EXPRESS, IMPLIED OR STAT-
UTORY) WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PUR-
POSE, ACCURACY, MERCHANTABILITY, OR NON-INFRINGEMENT.
OPS DOES NOT WARRANT THAT THE SERVICE WILL OPERATE
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