IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEB SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow, or do not agree to be bound by all such terms, do not use this site.
This "Web Site" is sponsored and hosted by OpAve, Inc. Click
is subject to the following terms and conditions of use (the "Terms"). You agree
to these Terms by accessing this Web Site and/or by accepting any information
from this Web Site. OpAve reserves the right in its sole discretion to change
these Terms. We will post changes here, so check back periodically. Your continued
use of this Web Site after the posting of any change in the Terms shall constitute
your acceptance to be bound by any such changes. Please also review the terms
The information and features included in this Web Site have been compiled from a variety of sources, are for informational and entertainment purposes only, and are subject to change at any time without notice. This Web Site and all information it contains are provided "AS IS." By accessing or linking to this Web Site, you assume the risk that the information on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
Intellectual Property Information and Restrictions
This Web Site and all of the information it contains, or may in the future contain,
such as articles, opinions, other text, directories, guides, photographs, illustrations,
images, video and audio clips and advertising copy, as well as the trademarks,
logos, domain names, trade names, service marks and any and all copyrightable
material (including source and object code) and/or any other form of intellectual
property (collectively, the "Content") are owned by OpAve or other third parties
and are protected from unauthorized use, copying and dissemination by copyright,
trademark, publicity and other laws.
You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in or on such Content. No other use is permitted. Your misuse of the Content on the Web Site is strictly prohibited. Unless otherwise expressly authorized in these Terms or on the Web Site, you may not modify, frame, reproduce, sell, publish, perform, reuse, repost and/or display any portion of the Content. Other than as set forth herein, nothing contained on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content displayed on the Web Site in any manner without the prior written consent of OpAve or such third party that may own the Content displayed on the Web Site. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Web Site, not to insert any code or product or manipulate the Content in any way that affects any users experience. Unless your use of the Content is otherwise authorized in accordance with these Terms, you must submit a request.
Copyrights and Copyright Agents
We respect the intellectual property of others and we ask our users to do the
same. In accordance with the Digital Millennium Copyright Act, we have designated
a Copyright Agent to receive notice of claims of copyright infringement on the
Web Site. Our copyright agent may be reached by telephone
at (734) 385-4188 or by email at email@example.com.
If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide OpAve's Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located
on the Web Site;
- Your address, telephone number and email address;
- 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;
- A statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are either the copyright owner or
authorized to act on the copyright owner's behalf.
Associated Press Content Restrictions
Associated Press ("AP") text, photo, graphic, audio and/or video material ("AP
Materials") shall not be published, broadcast, rewritten for broadcast or publication
or redistributed directly or indirectly in any medium. Neither AP Materials nor
any portion thereof may be stored in a computer except for personal and non-commercial
use. The AP will not be held liable for any delays, inaccuracies, errors or omissions
therefrom or in the transmission or delivery of all or any part thereof or for
any damages arising from any of the foregoing.
Disclaimers/Limitations on Liability/Indemnity
OpAve and its parent company (ies) and its and their subsidiaries, divisions,
affiliates, directors, officers, partners, agents, and assigns (the "OpAve Affiliates")
make no representation or warranty whatsoever regarding the completeness, accuracy,
currency or adequacy of any information, facts, views, opinions, statements or
recommendations contained on the Web Site and/or the Content. Reference to any
product, process, publication or service of any third party by trade name, domain
name, trademark, service mark, logo, manufacturer or otherwise does not constitute
or imply its endorsement or recommendation by OpAve or the OpAve Affiliates.
The Internet may be subject to breaches of security. OpAve and the OpAve Affiliates are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail submissions over the Internet may not be secure, and you should consider this before e-mailing the Web Site, OpAve or the OpAve Affiliates any personal or confidential information. OpAve and the OpAve Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Web Site. This Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
Certain areas of this Web Site may provide access to online user forums, bulletin boards or chat rooms. OpAve and the OpAve Affiliates do not endorse the content in or on such user forums, bulletin boards and/or chat rooms and specifically disclaims any responsibility and/or liability for such content.
OpAve AND THE OpAve AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE WEB SITE, THE CONTENT, THE INTELLECTUAL PROPERTY, AND THE INFORMATION AND OTHER MATERIALS CONTAINED THEREON.
YOU AGREE THAT OpAve AND THE OpAve AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEB SITE, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR ITS CONTENT OR INTELLECTUAL PROPERTY, EVEN IF OpAve OR THE OpAve AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE WEB SITE OR ITS RELATED INFORMATION OR PROGRAMS. THE WEB SITE CONTAINS FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE WEB SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS IS AT YOUR SOLE RISK AND THAT NEITHER OpAve NOR THE OpAve AFFILIATES GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. IN NO EVENT WILL OpAve OR THE OpAve AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL OpAve OR THE OpAve AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME Of THE ABOVE MAY NOT APPLY TO YOU.
BY USING THIS WEB SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD OpAve AND THE OpAve AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND/OR INTELLECTUAL PROPERTY INFRINGEMENT (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THE FOREGOING REPRESENTATIONS; (B) YOUR VIOLATION OF THESE TERMS; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THIS WEB SITE AND/OR THE CONTENT IN VIOLATION OF THESE TERMS; (D) OpAve'S AND/OR THE OpAve AFFILIATE'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE; AND/OR (E) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU.
Your Use Of The Web Site/Information You Submit
As a user of the Web Site, you agree not to use the Content for any unlawful purposes
and not to violate OpAve's rights or the rights of others, including, by, without
authorization, creating any derivative works based on the Web Site, the Content
and/or any portion thereof. OpAve reserves the right to, but is not obligated
to, delete, move or edit content, in whole or in part, submitted by you to the
Web Site and/or OpAve for any reason, including a determination by OpAve, in OpAve's
sole discretion, that such content, is abusive, defamatory, obscene, in violation
of intellectual property, privacy or other proprietary rights, or otherwise violates
Without in any way limiting our right to remove or edit content, when using the Web Site, you are prohibited from:
||posting material that contains abusive, obscene, profane, vulgar or hateful
language, text, illustrations, slurs and/or discriminates on the grounds
of race, religion, origin, age, disability, sexual orientation or marital
status or refers to such maters in any manner prohibited by law;
||posting material that is defamatory, threatening, disparaging, false,
misleading, deceptive, fraudulent, inaccurate, unfair, contains unsubstantiated
claims, violates the privacy, publicity and/or any other rights of any third
party, or tends to mislead or reflect unfairly on any other person, business
|(iii) ||posting material that unfairly interferes with any third party's uninterrupted use and enjoyment of the Web Site and/or violates any right of OpAve;
|(iv) ||posting material that advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
|(v) ||uploading copyrighted or other proprietary material of any kind on the Web Site without the express permission of the owner of such material;
|(vi) ||using or attempting to use another's information, account, password, service or system except as expressly permitted;
|(vii) ||including articles, photos, images or other content that constitutes, promotes or encourages illegal acts, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
||uploading or transmitting viruses, Trojan horses or other harmful, disruptive
or destructive files; and/or
||disrupting, interfering with, or otherwise harming or violating the security
of the Web Site, or any services, system resources, accounts, passwords,
servers or networks connected to or accessible through the Web Site or affiliated
or linked sites. Please note that the Web Site does not accept unsolicited
materials or ideas for use or publication. The Web Site is not responsible
for the similarity of any of its content or programming in any media to
materials or ideas transmitted to the Web Site. In addition, you agree that,
(i) transmitting, submitting and/or posting any communication or material
to the Web Site, OpAve and/or the OpAve Affiliates by electronic mail, in
user forums, bulletin boards, chat rooms or otherwise, including submitting
any data, questions, comments, suggestions, personally identifying information
or the like is, and will be treated as, non-confidential and non-proprietary;
(ii) anything you transmit, submit and/or post to the Web Site, OpAve and/or
the OpAve Affiliates may be modified, altered, displayed, archived, stored,
distributed, reproduced, disclosed, transmitted, published, broadcast and
posted in any form, media, software or technology of any kind now known
or developed in the future for any purposes; and
(iii) OpAve is free to use any ideas, concepts, know-how or techniques contained
in any communication you send to the Web Site, OpAve and/or the OpAve Affiliates,
for any purpose whatsoever including, without limitation, developing, manufacturing
and marketing products using such information. You waive any moral rights
you may have in having any material you submit altered or changed in a manner
not agreeable to you.
Any Web Site user forums, bulletin boards, chat rooms or other interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. OpAve does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages. To protect your safety, please use your best judgment when using these forums, and consider carefully whether you want to disclose any information that can be used to identify or locate you.
Without limiting the generality of the foregoing, you authorize OpAve to include the information you provide in a searchable format that may be accessed by users of the Web Site. All rights in this paragraph are granted without the need for additional compensation of any sort to you. By submitting materials to this Web Site, OpAve and/or the OpAve Affiliates, you represent that such materials are accurate and original with you and do not violate the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All submissions to the Web Site, OpAve and/or the OpAve Affiliates shall be the sole property of OpAve and will not be returned.
The Content of this Web Site contains intellectual property that is protected
from unauthorized use, copying and dissemination by copyright, trademark and other
laws. If you link to this Web Site, we require that you follow these guidelines.
The link to this Web Site must not damage, dilute or tarnish the goodwill associated
with any OpAve names and/or intellectual property, nor may the link create the
false appearance that your web site and/or organization is sponsored, endorsed
by, affiliated and/or associated with OpAve. You agree that you will not link
to the Web Site from any source that is unlawful, abusive, indecent or obscene,
that promotes violence or illegal acts, that contains expressions of racism, that
is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate.
If you do link to the Web Site, you may link only to the home page, and not to
any other page, directory or subdomain of the Web Site. Under no circumstances
may you "frame" this Web Site or alter its intellectual property or Content in
any way. OpAve reserves the right, in its sole discretion, to terminate a link
with any Web site that it deems inappropriate or inconsistent with the Web Site
and/or these Terms. Neither OpAve nor the OpAve Affiliates are responsible for
the content or performance of any portion of the Internet including other World
Wide Web sites to which this Web Site may be linked or from which this Web Site
may be accessed.
Your dealings or communications through the Web Site with any party other than
OpAve are solely between you and that third party. Certain areas of the Web Site
may allow you to conduct transactions or purchase goods or services. Third-party
partners and vendors may conduct these transactions. Under no circumstances will
the Web Site, OpAve and/or the OpAve Affiliated Parties be liable for any goods,
services, resources or content available through such third party dealings or
communications, or for any harm related thereto. Please review carefully that
third party's policies and practices and make sure you are comfortable with those
policies and practices before you engage in any transaction. Any complaints, concerns
or questions you may have relating to materials provided by third parties should
be forwarded directly to the third party.
Membership & Registration
Certain areas and/or services offered via the Web Site may require registration
or may otherwise ask you to provide information to participate in certain features
or access certain content. The decision to provide this information is purely
optional; however, if you elect not to provide such information, you may not be
able to access certain content or features or participate in various areas and/or
services offered via the Web Site. You may also provide information to the Web
Site in other contexts, including, for example, in order to enter a sweepstakes,
contest or promotion. Please note that sweepstakes, contests or promotions offered
via the Web Site may be governed by a separate set of rules that, in addition
to describing such sweepstakes, contest or promotion, may have eligibility requirements,
such as certain ages or geographic areas. It is your responsibility to read such
rules to determine whether or not your participation, registration and/or entry
is valid. When you register or become a member of the Web Site or provide information
to the Web Site in any other manner, you agree to provide only true, accurate,
current and complete information on all registration pages.
If you become a member of the Web Site or any portion thereof, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the password protected portion of the Web Site using your name in whole or in part. The Web Site reserves the right to terminate membership and deny access to the Web Site to any person who violates these Terms.
Fees & Payments
OpAve reserves the right at any time to charge fees for access to all or portions
of the Web Site. However, in no event will you be charged for access to the Web
Site or portion thereof unless we obtain your prior agreement to pay such charges.
Thus, if at any time OpAve requires a fee for portions of the Web Site that are
now free, OpAve will give you advance notice of such fees and the opportunity
to cancel the account before such charges are imposed. You shall pay all fees
and charges incurred through your account at the rates in effect for the billing
period in which such fees and charges are incurred, including, without limitation,
to charges for any products or services offered for sale through the Web Site
by OpAve or by any other vendor or service provider. All fees and charges shall
be billed to and paid for by you. You shall pay all applicable taxes relating
to use of the Web Site through your account.
OpAve operates the Web Site in the United States. Information contained on the
Web Site may not be appropriate or available for use in other locations, and access
to this Web Site from territories where the content of the Web Site may be illegal
is prohibited. If you access the Web Site from other locations, you do so on your
own initiative and you are solely responsible for compliance with applicable local
laws. You may not use the Web Site or export the Content in violation of U.S.
export laws and regulations. These Terms shall be construed and enforced in accordance
with the laws of the State of Illinois, without regard to its conflicts of law
principles and will specifically not be governed by the United Nations Convention
on Contracts for the International Sale of Goods, if otherwise applicable. Any
cause of action with respect to the Terms and/or your use of this Web Site must
be filed in the County of Washtenaw, City of Ann Arbor, State of Michigan within
ninety (90) days after the occurrence of the facts giving rise to the cause of
action, otherwise the cause shall be forever barred.
Violations Of These Terms
OpAve will determine your compliance with these Terms in its sole discretion.
Any violation of these Terms may result in restrictions on your access to all
or part of the Web Site and may be referred to law enforcement authorities. You
are advised that OpAve will aggressively enforce its rights to the fullest extent
of the law, including, without limitation, the seeking of criminal prosecution.
For questions or comments regarding these Terms and/or the Web Site, please contact
These Terms were last updated on 19 January 2003.
© 2003 OpAve, Inc. All rights reserved.