Op Excellence

Terms of Use Agreement

 

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on April 14, 2009.

This Terms of Use Agreement sets forth the standards of use of the Op Excellence, LLC Online Service (referenced herein as the “OpExcellence.com website” or the “Service”). By using the OpExcellence.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at OpExcellence.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Op Excellence, LLC provides Member with information regarding the services we offer and ideas and concepts for consideration in growing and improving operational entities. In order to access and use the OpExcellence.com website, Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection

2. Disclaimer of Warranties.

The site is provided by Op Excellence, LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Op Excellence, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Op Excellence, LLC reserves the right to withdraw or delete any information from the Op Excellence website at any time in its sole discretion. Op Excellence, LLC shall have no liability for any interruptions in the use of this Website. Op Excellence, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

OP EXCELLENCE, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR OP EXCELLENCE, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF OP EXCELLENCE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO OP EXCELLENCE, LLC FOR ACCESS TO THE OPEXCELLENCE.COM WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM OPEXCELLENCE, REGARDLESS OF THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

4. Indemnification

Member agrees to indemnify and hold Op Excellence, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

Op Excellence, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. Op Excellence, LLC shall not be liable to Member or any third party should Op Excellence, LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Op Excellence, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites [Optional Clause]

The OpExcellence.com website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

7. Governing Jurisdiction of the Courts [Insert State]

Our website is operated and provided in the Commonwealth of Virginia. As such, we are subject to the laws of the Commonwealth of Virginia, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Commonwealth of Virginia. Any and all disputes arising out of Member’s use of the Service shall be brought in a state or federal court located in Richmond, Virginia. Member hereby submits to the jurisdiction of such courts and waives any rights to contest the personal or subject matter jurisdiction of such courts over Member or any dispute arising hereunder.

8. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Op Excellence, LLC, with all rights reserved, or is the property of Op Excellence, LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, 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 Op Excellence, LLC is strictly prohibited. Members agree that they 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 Op Excellence, LLC.

Op Excellence, LLC™ and OpExcellence.com™ are proprietary marks of Op Excellence, LLC. Op Excellence, LLC’s trademarks may not be used in connection with any product or service that is not provided by Op Excellence, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Op Excellence, LLC.

All other trademarks displayed on Op Excellence, LLC’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Op Excellence, LLC.

10. Posting of Member Content.

When you post Member Content (e.g., content originated by a Member, such as, a blog entry or comment to a blog entry) to the Service, you authorize and direct us to make such copies of the Member Content as we deem necessary in order to facilitate the posting and storage of the Member Content on the Service. By posting Member Content on the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Op Excellence, LLC an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Member Content for any purpose on or in connection with Op Excellence, LLC or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Member Content, and to grant and authorize sublicenses of the foregoing.

Op Excellence, LLC has the right but not the obligation to monitor and edit or remove any activity or content without notice and in its sole discretion including, without limitation, if Op Excellence determines that such content or activity violates these Terms of Use or otherwise is offensive, illegal or might violate the rights, harm or threaten the safety or well being of members or other third parties. You are solely responsible for backing up or creating copies of any content you post. Op Excellence, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.

11. Notification of Claimed Copyright Infringement

Complaints that any material posted on the Service infringes a third party copyright generally are governed by the Digital Millenium Copyright Act (“DMCA”) which specifies certain procedures that must be followed by the complaining party, Op Excellence, LLC and the Member who posted the content at issue. These procedures are detailed below and must be followed by any party seeking to have allegedly infringing content removed (or contesting such removal) from the Service. Please note that all statements and representations made in the notice and counter-notice below are made under oath and that any false statements or material misrepresentations may subject the party making such statements to liability, including prosecution for perjury.

A. Notice and Take-down Request. If you are a copyright owner and believe that any Member Content or other content on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) for further detail):

•   A physical or electronic signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
•   Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works;
•   Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Op Excellence, LLC to locate the material (for instance, by supplying the URL of the page within the Service where the material that is the subject of the notice is located);
•   Information sufficient to permit Op Excellence, LLC to contact you, such as a name, address, telephone number, and, if available, an e-mail address;
•   A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
•   A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner whose work or works are being infringed.

Op Excellence, LLC’s designated Copyright Agent to receive notifications of claimed infringement may be reached at the following e-mail and physical address:

By Mail
Milton Burton
2616 Laclede Avenue
Henrico, Virginia 23233

By Telephone: 804-304-2303

By Email: mburton@opexcellence.com

You acknowledge that if you fail to comply with all of the requirements of this Section A, your DMCA notice may not be valid. Please note that if you submit a false claim or materially misrepresent that content on the Service is infringing, you may be liable for damages, including court costs and attorneys fees.
Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.

B. Counter-Notice. If you believe that your Member Content or other content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content at issue, you may send a counter-notice containing the following information to Op Excellence, LLC’s Copyright Agent at the physical and/or e-mail address set forth in Section A above:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location within the Service at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Op Excellence, LLC may send a copy of the counter-notice to the original complaining party informing that person that Op Excellence, LLC may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Op Excellence, LLC’s sole discretion.

 

12.       Other Terms

 

If any provision of this Terms of Use Agreement 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 this Terms of Use Agreement and any other agreements referenced herein may be assigned by Op Excellence, LLC, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.  Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.