Use of the OPOET software and the Service is provided by OPOET, subject to the notices, terms, and conditions set forth below and on the OPOET web sites. We may regularly amend these notices, terms and conditions at any time without prior notice by posting new or revised terms of use policies and other documents on the OPOET web sites. It is important for you to check this and other terms and conditions related to use of Secure Pipes and other OPOET products and services from time to time. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE OPOET WEB SITE. USE OF OPOET PRODUCTS AND SERVICES CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH NOTICES, TERMS AND CONDITIONS.
1. Terms of Service
You understand and agree that Secure Pipes and associated Serivces are provided "AS-IS" and that we assume no responsibility for the failure or inaccuracy of Scure Pipes or associated Services. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you may incur in connection with your use of Secure Pipes, and providing all equipment and software necessary to connect to our web site and to use Secure Pipes via the Internet. We may add, delete or change some or all of our services provided in connection Secure Pipes at any time. Any new features that augment or enhance Secure Pipes will be subject to these notices, terms and conditions and will also be subject to all other applicable OPOET policies, terms, notices and conditions as discussed above. We may establish general practices and limits concerning use of Secure Pipes. You agree to accept these general practices and limits as they may be in effect from time to time. In addition, we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Secure Pipes (or any portion thereof), or your access to Secure Pipes (or any portion thereof), for any reason or no reason, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of Secure Pipes and its associated Services or your access to Secure Pipes and its associated Services.
2. No Unlawful or Prohibited Use
As a condition of your use of the OPOET Service, you will not use the Secure Pipes Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Service in any manner which could damage, disable, overburden, or impair any OPOET Site/Service(s) (or the network(s) connected to any OPOET Site/Service(s)) or interfere with any other party's use and enjoyment of any OPOET Site/Service(s). You may not attempt to gain unauthorized access to any OPOET Site/Service, other accounts, computer systems or networks connected to any OPOET Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the OPOET Site/Service(s). You are responsible for any content that you post or transmit on or through the Service. You will not use the Service to carry out unlawful activities. You will not use the Service to spam or invade the privacy of, or threaten, other persons. If you violate any of these terms and conditions, your permission to use the OPOET Site/Service(s) automatically terminates.
3. OPOET's Right to Run Advertising Without Compensation to Users
OPOET reserves the right to run advertisements and promotions on all pages of the OPOET web sites. By accessing your OPOET accounts, you agree that we have the right to run such advertisements and promotions without compensation to you. The timing, frequency, placement and extent of advertising by us within the pages comprising your OPOET account is subject to change and shall be determined by us in our sole discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the OPOET web sites or OPOET client (such as Secure Pipes), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that OPOET will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the OPOET web sites.
4. Links to Third-Party Sites
The OPOET website may provide, or third parties may provide, links to other World Wide Web sites or other Internet resources. Any third-party sites to which OPOET may link are not under control of OPOET. OPOET does not have any responsibility or liability for any information, contents, communications or materials available on such third-party sites.
5. Applicable law
This Legal and Terms of Service as well as all disputes arising out of or in connection with this terms shall be governed by the laws of Anguilla, without regard to or application of choice of law rules or principles. Any dispute arising out of or in connection with this Legal and Terms of Service, or in future agreements resulting there from, shall be exclusively resolved before the competent court in the United States.
6. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
7. Indemnification
OPOET users must agree to indemnify and hold OPOET, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of these notices, terms and conditions, or your violation of any rights of another.
BY USING OPOET SOFTWARE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE NOTICES, TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THE OPOET SOFTWARE AGREEMENT, WHICH INCLUDES THIS OPOET LEGAL NOTICE AND TERMS OF SERVICE AND THE OTHER POLICIES AND DOCUMENTS POSTED ON THE THE OPOET WEB SITES, WHICH MAY BE MODIFIED FROM TIME TO TIME BY OPOET, AND ANY OTHER MATERIALS EXPRESSLY INCORPORATED HEREIN BY REFERENCE, ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES, AND SUPERSEDE ANY AND ALL PRIOR AND CONTEMPORANEOUS WRITTEN OR ORAL AGREEMENTS EXISTING BETWEEN THE PARTIES WITH RESPECT TO SUCH SUBJECT MATTER.
8. No Resale or Service
None of OPOET's users is allowed to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
9. Modifications to or Suspension of Service
OPOET reserves the right to modify or discontinue the Service temporarily or permanently, at any time, with or without notice. OPOET will attempt to provide reasonable notice of such changes to the services or the site.
10. OPOET's Proprietary Rights
The OPOET name, the OPOET logo, and other OPOET related properties are trademarks of OPOET. All other trademarks appearing on the Service are trademarks of their respective owners.
11. Disclaimer of Warranties
The services, content, audio transmissions or other data of any kind or nature made available at the site are provided on an "AS IS" and "AS AVAILABLE" basis or at the specific providers own terms. All representations and warranties, either express or implied are disclaimed, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. OPOET makes no warranty, representation or guaranty as to the content, accuracy, timeliness or completeness of the site or the information or that the information may be relied upon for any reason. Any material downloaded through the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such material.
12. Limitation of Liability
You understand and agree that OPOET shall 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, resulting from: (i) The use or the inability to use the service; (ii) The cost of procurement of substitute goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of any third party on the service; or (v) Any other matter relating to the service.
13. Willful misconduct and death or injury
The limitation of liability referred to in article 12 shall not apply in the event of (i) willful misconduct or gross negligence on the part of OPOET and/or (ii) in the event of claims for compensation as a result of death or injury. However, in no event shall OPOET's total liability to you for all damages exceed the amount of $100.
14. Notice
The Service may provide notices of changes to the License Agreement or other matters by displaying notices or links to notices to you generally on the Service. You are obliged to update you knowledge hereto continuously. Lack of knowledge does not imply that these terms are not accepted by you.
15. Miscellaneous
These Terms of Service constitute the entire understanding of you and OPOET with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure or delay of OPOET to exercise or enforce any rights or provision of the Terms of Service may not constitute a waiver of such right or provision. All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Service, including without limitation all of your representations, warranties and indemnification obligations. Should any part of these Terms of Service be held invalid by any court or tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effect as if these Terms of Service had been executed without that part having been held to be invalid.