IMPORTANT! PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEB SITE. THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. By accessing this web site, registering for this web site, accepting any information from this web site or submitting any information to this web site, you agree to these Terms. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
Opt It, Inc. (“Opt It,” “we” or “us”) has developed and operates social networking applications and a mobile messaging platform (the “Opt It Services”). The Opt It Services are available through a web site located at www.optit.com (“Opt It Site”) and also through web pages sponsored by third parties (each a “Sponsor”) that are powered, hosted, developed, managed or administered by Opt It. These Sponsor web pages offering the Opt It Services will identify the third party Sponsor, but may either have the basic look and feel of the Opt It Site (“Standard Sponsor Communities”) or may be branded by Sponsor and offer additional features specific to the Sponsor (“Premium Sponsor Communities”).
These Terms apply only to the: (i) Opt It Site; (ii) the Opt It Services that post a link to these Terms and are available through the Opt It Site, the Standard Sponsor Communities or the Premium Sponsor Communities; and (iii) other interactive features or downloads that post a link to these Terms, are owned or controlled by Opt It and are available through the Opt It Services. These Terms are legally-binding and cannot be modified except as specifically described below. By accessing or using the Opt It Services, you certify that you understand, agree to, and will abide by all the terms and conditions of these Terms.
In some instances, both these Terms and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via the Opt It Services (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control.
In order to use the Opt It Services, you must register at the Opt It Site, a Standard Sponsor Community or a Premium Sponsor Community and create a unique username and password at that site. Once you have registered, you may use your username and password to join additional web sites that offer the Opt It Services by following the instructions at that site.
By joining the Opt It Services, you agree to accept responsibility for all activities that occur under your user account or password and agree that you will not sell, transfer or assign your user account or password. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer (or other internet access device, as applicable) so that others may not access the password protected portions of the Opt It Services. You further agree to immediately notify Opt It if you become aware of or believe that your password has been compromised or there is, or may have been, any unauthorized use of your user account, password or information. When you provide information to Opt It or the Opt It Services, you agree to provide only true, accurate, current and complete information, including, without limitation, notifying us if you disconnect your phone or change your name. Opt It reserves the right to terminate your account or deny access to all or part of the Opt It Services in its sole discretion and without notice or liability of any kind.
Except for User Content (as defined below) and Third Party Content (as defined below), the Opt It Services, the Standard Sponsor Communities and the Premium Sponsor Communities and all of the information each contains, or may in the future contain, such as articles, opinions, other text, directories, guides, photographs, graphic material, artwork, illustrations, digital still images, digital video and audio clips, databases, compilations 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 on the sites (collectively, the “Site Content”) is, as between you and Opt It, owned by Opt It, and is protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties.
Without limiting the foregoing, and except as may be expressly permitted by Opt It or as may be a result of standard search engine or internet browser usage, you will not use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Site Content. Unless otherwise expressly authorized in these Terms or on the Opt It Services, you further agree that you will not, in whole or in part, modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Site Content in any way for any public or commercial purpose. Opt It may add, change, discontinue, remove or suspend any of the Site Content at any time, without notice and without liability.
Subject to your strict compliance with these Terms, Opt It grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, use or play a single copy of the Site Content (excluding source and object code) as long as it is publicly available on the Opt It Services, provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Site Content or any copy you may make of the Site Content; (ii) you do not use the Site Content in a manner that suggests an association with any of our products, services or brands; (iii) you make no modifications to the Site Content; (iv) do not yourself and do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of Opt It’s software, HTML, JavaScript or other code; or reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Opt It Services create to generate its web pages or any software, products or processes accessible through the Opt It Services; and (v) do not insert any code or product to manipulate the Site Content or the Opt It Services in any way.
Other than as explicitly set forth in these Terms, nothing contained in these Terms, the Opt It Services or in any communication from the Opt It should or will be construed as granting, by implication, estoppel or otherwise, any license or right to use any Site Content in any manner without the prior written consent of Opt It or such third party that may own the Site Content displayed on the Opt It Services. ANY UNAUTHORIZED USE OF ANY OF THE SITE CONTENT IS STRICTLY PROHIBITED.
The Opt It Services may provide you and others with the opportunity to participate in forums, blogs, message boards, social networking, social communities and other communication functionality and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Opt It or the Opt It Services, including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, testimonials, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”). You grant to Opt It and users of the Opt It Services the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed. You further agree that Opt It is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to Opt It or the Opt It Services, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products using such User Content; or creating informational articles based on or advertising our products and services, and without remuneration of any kind. You also grant to Opt It the right to sub-license and authorize others to exercise any of the rights granted to Opt It under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Opt It under these Terms. You further authorize Opt It to publish your User Content in a searchable format that may be accessed by users of the Opt It Services and the Internet.
Except as otherwise described in the posted Opt It Privacy Policy, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Opt It these licenses. Upon Opt It's request, you will furnish Opt It any documentation, substantiation or releases necessary to verify your compliance with these Terms.
You acknowledge and agree that Opt It will not have any obligation to review, monitor, display, accept or exploit any User Content and Opt It may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability. You will not receive any additional consideration or compensation for your User Content or for any exploitation of your User Content. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. You agree and understand that Opt It is not obligated to use User Content.
The Internet may be subject to breaches of security. You should be aware that submissions may not be secure, and you should consider this before submitting any information to Opt It.
OPT IT DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THE OPT IT SERVICES.
The Opt It Services may allow Sponsors to independently design and provide applications or other content through the Opt It Services (“Third Party Content”).
YOU ACKNOWLEDGE AND AGREE THAT OPT IT WILL HAVE NO OBLIGATION TO REVIEW OR MONITOR ANY THIRD PARTY CONTENT AND MAY CHOOSE NOT TO DO SO. OPT IT DOES NOT ENDORSE THE THIRD PARTY CONTENT, IS NOT RESPONSIBLE FOR THE THIRD PARTY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH THIRD PARTY CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY THIRD PARTY CONTENT PROVIDED THROUGH THE OPT IT SERVICES. USE THE THIRD PARTY CONTENT AT YOUR OWN RISK.
Your use of the Opt It Services may only be for lawful purposes and you agree that you will at all times comply with all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to your use of the Opt It Services. In addition, while using the Opt It Services, you agree that you will not do any of the following:
Opt It reserves the right to monitor the Opt It Services for conduct in violation of these Terms, but may also choose not to do so. If Opt It does monitor the Opt It Services, it specifically disclaims all responsibility or liability for its acts or omissions in doing so.
You represent and warrant that: (i) you are not a minor and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) all information you provide to Opt It or the Opt It Services is accurate and complete; (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms, including, without limitation, all authorizations, permissions, approvals, consents, rights and licenses; and (iv) your use of the Opt It Services does not violate any applicable law or regulation.
Opt It respects the intellectual property of others and we ask our users to do the same. Opt It has a policy of terminating the accounts of users who (in Opt It’s reasonable discretion) are repeat infringers. In accordance with the Digital Millennium Copyright Act, Opt It has designated a Copyright Agent to receive notice of claims of copyright infringement with respect to content on the Opt It Services. To notify Opt It of content that you believe infringes your rights, please provide the following information to the Opt It Copyright Agent listed below:
Opt It's Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By e-mail: copyrightagent@optit.com (with subject "Copyright Complaints");
By phone: (888) 577-6577 (ask for Michael C. Lamb);
By postal mail:
Opt It, Inc.
191 N. Wacker Drive
Chicago, Illinois 60606
Attn: Michael C. Lamb
(with subject "Copyright Complaints")
THE OPT IT SERVICES, THE STANDARD SPONSOR COMMUNITIES AND THE PREMIUM SPONSOR COMMUNITIES (COLLECTIVELY THE “OPT IT NETWORK”) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPT IT AND ITS PRINCIPALS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES (COLLECTIVELY THE “OPT IT PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE OPT IT PARTIES DO NOT WARRANT THAT THE OPT IT NETWORK WILL BE AVAILABLE; THAT YOUR USE OF THE OPT IT NETWORK WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE OPT IT NETWORK (OR THE SERVER THAT MAKES IT AVAILABLE) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET CONNECTIONS, HARDWARE AND SOFTWARE NEEDED TO ACCESS AND USE THE OPT IT NETWORK, AND FOR PAYING ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE OPT IT NETWORK AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY OPT IT PARTY, WHETHER MADE ON THE OPT IT NETWORK OR OTHERWISE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
FURTHER, THE OPT IT PARTIES DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE OPT IT NETWORK IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE OPT IT PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE OPT IT NETWORK, YOU ACT AT YOUR OWN RISK.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THESE TERMS.
IN NO EVENT WILL THE OPT IT PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO: (A) THE OPT IT NETWORK; (B) SITE CONTENT; (C) USER CONTENT; (D) THIRD PARTY CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE OPT IT NETWORK; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE OPT IT PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE OPT IT NETWORK; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE OPT IT NETWORK’S TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE OPT IT PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES).
IF YOU ARE DISSATISFIED WITH THE OPT IT NETWORK, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE OPT IT NETWORK.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ALBERTO’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE OPT IT PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE OPT IT PARTIES.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE OPT IT PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN TEN DOLLARS ($10). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold Opt It harmless from and against any and all claims, actions, losses, expenses, damages, and costs (including reasonable attorneys' fees), resulting from: (i) your use of the Opt It Network; (ii) any breach or violation of these Terms or any law, rule, or regulation; (iii) the posting, submission, display, transmission, exchange, performance, publication, distribution, sharing, dissemination, promotion, broadcast, and/or circulation of your User Content; (v) the theft, disclosure or misappropriation of your password; or (vi) your authorization of anyone else to use your password.
Opt It reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Opt It in the defense of any such claim, action, settlement, or compromise negotiations, as requested by Opt It. In no event will you settle any claim or action without Opt It’s prior written approval.
You are solely responsible for your interaction with other users of the Opt It Services, whether online or offline. Opt It is not responsible or liable for the conduct of any user. Your interactions with other persons and/or organizations found on or through the Opt It Services are solely between you and such other persons and/or organizations.
Opt It reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Opt It Services. If you have a dispute with one or more users, you release Opt It (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Opt It may terminate your use of the Opt It Services at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. Opt It also reserves the right to use any technological, legal, operational, or other means available to enforce these Terms, including without limitation, blocking specific IP addresses or access to the Opt It Services using your e-mail address or password.
Opt It reserves the right to charge for access to or use of the Opt It Services, or any portion thereof, and to terminate your use of the Opt It Services should you fail to pay as required.
If you link to the Opt It Services, we require that you follow these guidelines. The link must not damage, dilute or tarnish the goodwill associated with any Opt It names or intellectual property, nor may the link create the false appearance that your web site or organization is sponsored by, endorsed by, affiliated or associated with Opt It. You agree that you will not link to the Opt It Services 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. Under no circumstances may you “frame” the Opt It Services, the Site Content, the User Content or the Third Party Content in any way. Opt It reserves the right, in its sole discretion, to terminate a link to any web site that it deems inappropriate or inconsistent with Opt It’s policies or these Terms.
There may be links from the Opt It Services to other third party web sites. Accessing those third party sites requires you to leave the Opt It Services. We do not control those third party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those sites. Opt It encourages you to review all policies, rules, terms and regulations, including the privacy policies, of each third party site that you visit.
From time to time, Opt It may conduct promotions on or through the Opt It Services, including without limitation, auctions, contests, and sweepstakes (“Promotions”). Each Promotion may have Additional Terms and/or rules of participation (“Rules”), which will be posted or otherwise made available to you. It is your responsibility to read the Additional Terms and Rules to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine your participation requirements.
Third party advertisers (“Advertisers”) may offer goods, services and other materials to you on or though the Opt It Services. Your correspondence and business dealings with advertisers found on or through the Opt It Services including, without limitation, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. Descriptions of, or references to, products or publications within the Opt It Services do not imply endorsement of that product or publication. Opt It will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services and other materials on or through the Opt It Services. Please review carefully that third party's 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.
To the extent that Site Content, User Content or Third Party Content is subject to U.S. export controls, it may not be downloaded from the Opt It Services or otherwise exported or re-exported: (a) into, or to a national or resident of any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading Site Content, User Content or Third Party Content, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE OPT IT SERVICES, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN COOK COUNTY, ILLINOIS FOR ANY SUCH LEGAL PROCEEDING AND AGREE THAT YOU WILL NOT OBJECT TO SUCH JURISDICTION OR VENUE ON THE GROUNDS OF LACK OF PERSONAL JURISDICTION, FORUM NON CONVENIENS, OR OTHERWISE. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE OPT IT NETWORK OR THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR, IF MULTIPLE CAUSES, FROM THE DATE THE FIRST SUCH CAUSE OF ACTION AROSE.
IN ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE OPT IT NETWORK OR THESE TERMS, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Opt It controls and operates the Opt It Services from offices located in the Untied States and makes no representations or warranties that the information, products or services contained on the Opt It Services are appropriate for use or access in other locations. Anyone using or accessing the Opt It Services from other locations does so on their own initiative and are responsible for compliance with United States laws, if and to the extent applicable. Opt It reserves the right to limit the availability of the Opt Services and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in its sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
These Terms and any Additional Terms provided by Opt It constitute the entire understanding and agreement between you and Opt It and supersede any and all prior or inconsistent understandings relating to the Opt It Services, Opt It Site, the Standard Sponsor Communities, the Premium Sponsor Communities, the Site Content, the Third Party Content and the User Content.
These Terms can not be changed or terminated orally. Any failure of Opt It to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by Opt It of any provision of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Opt It.
If any provision of these Terms is held to be illegal, invalid, or unenforceable, then the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The section titles in these Terms are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Opt It by virtue of having drafted them.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. Except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.
You understand and agree that Opt It will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may be referred to law enforcement authorities.
Opt It reserves the right, in its sole discretion, to change, modify, amend and/or update these Terms.
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