Terms & Conditions

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WWW.OPTORO.COM WEBSITE OR RELATED SERVICES.

 

Welcome to the Optoro Site and Services (“Optoro.com”) owned and operated by Optoro, Inc. (“Optoro”, “we” or “us”).

 

  1. Description of the Optoro.com Service

Optoro.com is a non-transactional website that explains the functions of Optoro and its other platforms BLINQ, BULQ, OPTITURN, and any other present or future affiliates. To access Optoro.com you must provide (1) all equipment necessary for your own Internet connection, including computer and connectivity and (2) provide for your access to the Internet, and (3) pay any fees related with such connection.

 

Please read these Terms of Service (these “Terms”) before accessing this web site. These Terms are legally binding upon both you and us.

 

These Terms set forth the standards of use of Optoro.com. By using the Optoro.com website you agree to these Terms. If you do not agree to these Terms, you should immediately cease all usage of Optoro.com.

 

In addition to these Terms, use of Optoro.com is also governed by our Privacy Policy at https://www.optoro.com/privacy.  You agree to Optoro’s collection, use and sharing of your information as set forth in the Privacy Policy, which may be amended by us from time to time with our discretion. When using Optoro.com, you will be subject to any posted terms or guidelines applicable to such services, and any other terms or conditions applicable to services provided by or in conjunction with any of Optoro.com’s content and service partners. The Privacy Policy and any posted terms or guidelines are hereby incorporated by reference into these Terms.

 

If you do not understand and agree to these Terms, please do not use Optoro.com. If you have any questions or concerns regarding these Terms, please let us know by contacting us at inquiries@optoro.com or at 301-760-7003. Do not use Optoro.com until these questions and concerns have been answered to your satisfaction and you agree to abide by these Terms.

 

By visiting Optoro.com, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. OPTORO.COM IS AVAILABLE ONLY TO USERS 18 YEARS OF AGE OR OLDER.

 

  1. Modifications to these Terms.

We reserve the right, at any time, to modify, alter, or update these Terms.  Modifications shall become effective immediately upon being posted at Optoro.com.  Your continued use of Optoro.com after amendments are posted constitutes an acknowledgement and acceptance of these Terms and any modifications.

 

If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of Optoro.com.  Your continued use of Optoro.com following the posting of modifications will constitute your acceptance of the revised terms and conditions.  Should you have any questions regarding the use of Optoro.com, please contact inquiries@optoro.com or at 301-760-7003.

 

  1. Use of the Optoro.com Services

Use of Optoro.com is void where prohibited. By accessing or otherwise using Optoro.com, you are acknowledging and agreeing, and representing and warranting that (i) you have read, understand, and agree to be legally bound and to abide by these Terms, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by these Terms; and (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party.

 

Neither Optoro.com nor its parent Optoro, Inc. assumes responsibility for filtering or monitoring any content on Optoro.com.  We reserve the right, at any time, to: (a) modify or discontinue some or all of Optoro.com, including, but not limited to (i) restricting the time Optoro.com is available, (ii) restricting the amount of use of Optoro.com permitted, and (iii) restricting or terminating anyone’s right to use Optoro.com, with or without notice; (b) charge fees in connection with the use of all or part of Optoro.com; (c) modify and/or waive any fees charged in connection with Optoro.com; and/or (d) offer opportunities to some or all users of Optoro.com. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of Optoro.com, in whole or in part, or of any service, content or feature offered through Optoro.com. Your continued use of Optoro.com following the posting of changes to these Terms will constitute your acceptance of such changes.

 

Subject to the above, these Terms set forth herein, and any applicable third party restrictions, Optoro grants you a revocable, non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and access Optoro.com to incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available by Optoro for such purposes on Optoro.com, solely for your informational purposes and for your immediate and private use. At all times you must retain all Optoro, or third-party copyright and proprietary notices contained in the original materials or any copies thereof. All rights to ownership or use not expressly stated herein are reserved by Optoro. Optoro disclaims any and all implied licenses.

 

  1. User Conduct and Acceptable Use Notice

Unauthorized use of Optoro.com is expressly prohibited. You may not use Optoro.com in any way that violates applicable federal, state, or international law, or for any unlawful purpose.

 

Additionally, Optoro reserves the right, without limitation, to terminate your access to and use of Optoro.com if, in our view, your conduct fails to meet any of the following guidelines for conduct.  Please note that this list of guidelines is not inclusive, and Optoro may suspend or terminate your access for any or no reason, in its sole discretion:

  • You may not misrepresent your identity or impersonate any person.
  • You may not attempt to gain access to any account, computers or networks related to Optoro.com without authorization.
  • You may not attempt to obtain any data through any means from Optoro.com, except if we intend to provide or make it available to you.
  • You may not attempt to charge others to use Optoro.com either directly or indirectly.
  • You may not use Optoro.com to harvest or otherwise collect information about others, including e-mail addresses.
  • You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Optoro in connection with Optoro.com
  • You may not use Optoro.com in a manner that results in excessive bandwidth usage, as determined by a representative of Optoro. Use of Optoro.com as well as use of Optoro.com on any desktop or portable application will be applied toward such bandwidth usage.

 

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Optoro.  Optoro reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Optoro’s response to a future complaint.

 

  1. Limitation of Liability

THE OPTORO.COM SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS” AND OPTORO EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT OPTORO.COM NOR OPTORO, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

 

IN NO EVENT WILL OPTORO BE LIABLE TO YOU OR YOUR END USERS OR CUSTOMERS FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS OR SAVINGS, REGARDLESS OF THE NATURE OF THE CLAIM, EVEN IF OPTORO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OPTORO’S CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, EQUITY OR STRICT LIABILITY, WILL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU FOR THE PARTICULAR LINE ITEM OF THE ORDER GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS OF LIABILITY ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.  IN NO EVENT WILL OPTORO BE LIABLE FOR ANY ERROR IN A PALLET LISTING.  THIS LIMITATION OF LIABILITY SHALL SURVIVE EACH PURCHASE TRANSACTION AND ANY TERMINATION OF THIS AGREEMENT.

 

Except as specifically stated in these Terms, or elsewhere on Optoro.com, or as otherwise required by applicable law, neither Optoro nor its directors, employees, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use or the performance of Optoro.com or the content whether or not we have been advised of the possibility of such damages.

 

In the event that, notwithstanding the foregoing disclaimers, limitations and indemnification, Optoro is found responsible to any user for any reason whatsoever, Optoro’s responsibility shall be limited to $50.00 or actual damages, whichever is less, and shall not include punitive damages or consequential or resulting damages of any nature.

 

  1. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OPTORO, INC (“OPTORO”), ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AGENTS AND THIRD-PARTY PROVIDERS, TO, FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE OPTORO.COM SITE, PRODUCTS OR SERVICES, AND/OR RESALE OF ANY PRODUCTS OR SERVICES THEREFROM.  YOUR VIOLATION OF THESE TERMS OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY OPTORO OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

 

  1. Modifications and Interruption to Service

Optoro and its service providers utilize diligent efforts to maintain Optoro.com, but neither Optoro nor its service providers are responsible for any defects or failures associated with Optoro.com, including any services provided therewith, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.

 

Optoro reserves the right to modify or discontinue the service with or without notice to you. Optoro shall not be liable to you or any third party should we exercise our right to modify or discontinue Optoro.com or any part thereof. You acknowledge and accept that Optoro does not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

  1. Third-Party Sites

Optoro.com and certain content may contain links to other Internet sites or resources. Optoro.com may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the internet as a whole.  We may also provide some content to you as part of Optoro.com.  We encourage you to review said privacy policies of third-parties’ sites.  Should you have any problems resulting from your use of any third-party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

 

  1. Governing Jurisdiction of the Courts

The laws of the District of Columbia will govern these Terms without giving effect to any choice of law rules.  We make no representation that Optoro.com is appropriate, legal or available for use in other locations.  Accordingly, you irrevocably submit to the jurisdiction of the courts located in the District of Columbia for all disputes.  You and Optoro, Inc., to the fullest extent permitted by law, waive all right to trial by jury in any action, proceeding or counterclaim relating to these Terms. The provisions of this paragraph shall survive, even if you cease your use of Optoro.com.

 

  1. Compliance with Laws

You assume all knowledge of applicable law and are responsible for compliance with any such laws.  You may not use Optoro.com in any way that violates applicable state, federal, European Union or other international laws, regulations or other government requirements.

 

  1. Copyright and Trademark Information

All services included or available on Optoro.com, including site design, text, graphics, interfaces, and the selection and arrangements thereof is owned or licensed by Optoro, Inc, with all rights reserved, or is the property of third parties protected by intellectual property rights.  Any use of materials on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Optoro is strictly prohibited.  You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Optoro.

 

  1. Intellectual Property Rights and Notices

Except for the licenses granted herein, you have no right, title or interest in or to Optoro.com. You agree that Optoro or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to Optoro.com.

 

Optoro.com, and any associated logos, site graphics, look and feel, etc. are either trademarks, service marks or registered trademarks of Optoro, Inc. or its licensors, and may not be copied, imitated, or used, in whole or in part, without Optoro’s prior written permission or that of our suppliers or licensors.  Other product and company names may be trade or service marks of their respective owners.

 

Optoro may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site(s) that are part of Optoro.com.  Unless we have granted you licenses to our intellectual property, our providing you with Optoro.com does not give you any license to our intellectual property.  Any rights not expressly granted herein are reserved.

 

  1. Notices and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact inquiries@optoro.com and provide the written information specified below:

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(2) A description of the copyrighted work that you claim has been infringed upon;

(3) A description of where the material that you claim is infringing is located on the Site;

(4) Your address, telephone number, and e-mail address;

(5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Optoro designates as its agent for receipt of notifications of claimed copyright infringement, generalcounsel@optoro.com

 

  1. Other Terms

If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that these Terms and any other agreements referenced herein may be assigned by Optoro in our sole discretion, to a third party in the event of a merger or acquisition.  These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a user.  You agree that by accepting these Terms you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy.

 

  1. Privacy

Optoro has established a Privacy Policy to explain to you how your information is collected and used, which you can read at Optoro.com/privacy. Your use of Optoro.com signifies acknowledgment of and agreement to the Optoro.com Privacy Policy.  You further acknowledge and agree that Optoro may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these terms and conditions, or, in its sole discretion, to protect the rights, property, or personal safety of Optoro, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

 

  1. Electronic Delivery/Notice Notice And Your Consent

By using Optoro.com, you consent to receive from Optoro all communications including notices, agreements, legally required disclosures or other information in connection with Optoro.com (collectively, “Contract Notices”) electronically. Optoro may provide such electronic Contract Notices by posting them on Optoro.com.

 

No failure or delay by Optoro in exercising any right or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under these Terms. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

  1. Entire Use of Optoro.com

These Terms and the Privacy Policy sets forth the entire understanding between Optoro and you with respect to the use of Optoro.com, and, supersedes and merges any and all prior oral or contemporaneous agreements, discussions and understandings between the parties, and neither of the parties will be bound by any conditions, inducements or representations other than as expressly provided.