Terms and Conditions
Terms and Conditions of Use
This website (www.opteragroup.com or www.opteragroup.net) is provided by The Optera Group, LLC (Optera) (the “Site”) and may be used for informational purposes only. By using the Site or downloading Information from the Site, you agree to abide by the terms and conditions set forth in these Terms and Conditions of Use. If you do not agree to abide by these Terms and Conditions of Use, do not use the Site or download Information from the Site.
Limitations on Use
Optera authorizes you to view and download the information and other material (collectively, the "Information") found on the Site for your informational and noncommercial use only. Subject to these Terms and Conditions of Use, Optera grants you a non-exclusive, non-transferable, limited right to access, use and display the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
Optera Intellectual Property
Your authorization to access, use and display the Site is not a transfer of title in the Information. Furthermore, your use of the Site is subject to the following restrictions: 1) you must retain, on all copies of the Information downloaded, all copyright and other proprietary notices contained in the Information; 2) you may not modify the Information in any way or reproduce or publicly display, perform, or distribute or otherwise use the Information or any copies thereof for any public or commercial purpose; and 3) you must not transfer the Information to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms and Conditions of Use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Information, is copyrighted. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Information. Except as expressly provided herein, Optera does not grant any express or implied right to you under any patents, trademarks, copyrights, trade secrets or other proprietary rights.
THE INFORMATION MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. OPTERA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, ANSWER OR OTHER FACTUAL INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINION, STATEMENT, ANSWER, OR OTHER FACTUAL INFORMATION IS AT YOUR SOLE RISK. OPTERA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. OPTERA DOES NOT WARRANT THAT YOUR USE OF THIS SITE SHALL BE UNINTERRUPTED OR THAT THE SITE IS VIRUS OR WORM FREE. THIS SITE AND THE INFORMATION MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations of Damages
IN NO EVENT SHALL OPTERA OR ANY OF ITS SUBSIDIARIES BE LIABLE TO YOU OR TO ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DAMAGES WHATSOEVER OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, INFORMATION, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF OPTERA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Third Party Sites
As a convenience to you, Optera may provide, on this Site, hyperlinks to websites operated by third party entities. If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Optera makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Optera or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted material displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyrighted material of Optera or any of its affiliates or subsidiaries.
International Users and Choice of Law
This Site is controlled, operated and administered by Optera from its offices within the State of Colorado, United States of America. Optera makes no representation that Information on this Site is appropriate or available for use at other locations outside of the United States and access to it from territories where its contents are illegal is prohibited. You may not use the Site or export the Information in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of Use shall be governed by the laws of the State of Georgia, without giving effect to its conflict of laws provisions.
These Terms and Conditions of Use constitute the entire agreement between Optera and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions of Use, and the remainder of these Terms and
Conditions of Use shall continue in full force and effect.
Information Provided By You
Optera does not want you to, and you should not, send any confidential or proprietary to Optera via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Optera will not be considered confidential or proprietary. By providing any such information or materials to Optera, you grant to Optera an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Optera is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Optera. You further recognize that Optera does not want you to, and you warrant that you shall not, provide any information or materials to Optera that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporate the proprietary material of another.
Optera is sensitive to privacy issues on the Internet. We believe it is important for you to know how we treat the information we receive about you via our Site. We provide this explanation about our online information practices as a show of our commitment to protecting your privacy.
In general, you can visit the Site without telling us who you are or revealing any information about yourself. We may automatically gather general statistical information about the Site and visitors, such as IP addresses, browsers, pages viewed, number of visitors, etc., but in doing so we do not reference you by name, e-mail address, physical address, or telephone number. We use this data in the aggregate to determine how much our customers use parts of the Site so we can improve the Site. We may provide this statistical information to third parties, but when we do so we do not provide personally-identifying information without your permission. We may also use your IP address to help diagnose problems with our server and to manage the Site.
There are times, however, when we may seek information from you, such as your name and address, for example, as we do on our “Contact Us” page. When this information is gathered, we will try to let you know at the time of collection how we will use the information. Usually, the information we collect is used only by us to respond to your inquiry. In general, we do not sell, rent, share or in any other way divulge personally-identifying information collected during your use of the Site to third parties without your permission.
If you contact us via the Site, we may use this information to provide you with custom information about Optera’ offerings in support of your needs. A technology called cookies may be used to provide you with tailored information. A cookie is a tiny element of data that a web site can send to your browser, which may then be stored on your hard drive so we can recognize you when you return.
Specifically, we may use your personally-identifying information to improve our marketing and promotional efforts, to statistically analyze usage of the Site, to improve our content and product offerings and to customize the Site’s content, layout, and services. We may also use your information to deliver information to you that, in some cases, is targeted to your interests, such as targeted banners, new services and promotions. We may ask you to provide us voluntarily with additional information regarding your personal or business interests, experience or requests that we may then use to customize the Site or our products and services for you.
We may also use your e-mail address, your mailing address, and/or phone number to contact you regarding administrative notices, new product offerings and communications relevant to your use of the Site. We will not send you promotions or announcements unless you give us permission to do so. You can opt out of receiving such communications on the “Contact Us” page of the Site.
We may also use or disclose information to resolve disputes, or investigate problems. At times, we may review the status or activity of multiple users to do so. We may disclose or access information whenever we believe in good faith that the law so requires, or if we otherwise consider it necessary to do so to maintain service and improve our products and services.
We employ reasonable security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of information. However, whenever you voluntarily disclose personal information online, that information can be collected and used by others. No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.
Children Under 13