Terms and Conditions of Use
This site is the property of oPons.com (hereinafter referred to as “oPons”) and is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions and notices. Please be aware that oPons may revise these Terms and Conditions from time to time by updating this posting. Such revised Terms and Conditions will take effect as of the date of posting.
Use of This Site
This web site is for your personal information, entertainment, education and communication. You should assume everything you see or read on the web site is the property of oPons and its licensors or partners. You may not modify, copy, distribute, transmit, display perform, reproduce, publish, license, create derivative works, transfer or sell information without the prior written permission of oPons.
Submission of Your Content
By submitting and/or posting Content to the website, you automatically grant to oPons a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. As a user, you are responsible for your own Content and are responsible for the consequences of your posting such Content. You must not do the following things: post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it; post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image; post or transmit any advertisements, promotional materials, “junk mail,” “spam,” chain letters, pyramid schemes or any form of solicitation; impersonate another person or misrepresent your affiliation with any person or organization; access the website to obtain a list of users of the website; access or use any secure or non-public areas of the website without authorization; or frame or link to the website. oPons does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. oPons does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If oPons becomes aware of any communication that allegedly does not conform to these Terms and Conditions, oPons may investigate the communication and determine in good faith in its sole discretion whether to remove or request the removal of the communication. oPons has no liability or responsibility to you for performance or nonperformance of such activities. oPons reserves the right to remove Content, expel users and prevent their further access to the website for violating these Terms and Conditions or the law.
Your use of this website is at your risk. oPons does not warrant or represent that our Content is accurate, error-free, truthful or reliable or that your use of such material will not infringe rights of third parties. oPons does not warrant that the functional aspects of the website will be error free or that this website or the server that makes it available are free of viruses or other harmful components. If your use of this website or our Content results in the need for servicing or replacing property, material, equipment or data, oPons is not responsible for those costs. Without limiting the foregoing, everything on our website is provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. oPons MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON THIS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you.
Limitation of Liability
NEITHER oPons NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THIS WEBSITE AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT oPons IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In addition, while oPons makes every effort possible to work only with suppliers and vendors capable of providing the level of services and amenities expected by oPons and its customers, oPons shall not be held liable for the actions or inaction on the part of such suppliers and vendor resulting in any damages to customer.
Please note that some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. As a result, some of the above exclusions may not apply to you.
Links to Third-Party Sites
oPons has not reviewed all of the sites linked to this website and is not responsible for the availability, content or accuracy of any pages or other sites linked via this website. The inclusion of any link to such sites does not imply endorsement by oPons of these sites. Your linking to any other pages or sites is at your own risk. You agree that oPons will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or sites.
You agree that oPons may terminate your use of this website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, violated the rights of oPons or any third party, or for any reason with or without notice to you. You agree that oPons may modify or discontinue this website, with or without notice to you. You agree that oPons will not be liable to you or any third party as a result of such modification or discontinuation.
This agreement is governed by the laws of the State of Arizona, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona, USA, in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and oPons as a result of this agreement or use of this Web site. oPons’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of oPons’s right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by oPons with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the customer and oPons, with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and oPons, 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 administrative 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. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual,company, product, or event. Any rights not expressly granted herein are reserved.
You agree to defend, indemnify, and hold harmless oPons, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of this website or our Content or your breach of these Terms and Conditions. oPons shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
In the event a dispute arises between customer and oPons, customer agrees that such dispute shall be settled by arbitration and that any determination made during arbitration shall be binding upon both parties involved in said dispute. Arbitration shall take place in Maricopa county, Arizona.
You may receive a password in connection with your use of this website. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account.