Last Updated: September 13, 2011
Welcome to the website of Opera Solutions, LLC (“Opera Solutions,” “Us,” or “Our”), a Delaware limited liability company [www.operasolutions.com] (this “Website”). This Website is best viewed using a contemporary browser.
Use of the Website
Opera Solutions has the right to terminate or suspend your access to this Website, without notice, for any conduct that Opera Solutions, in its sole discretion, believes is in violation of any applicable law or the Policies, or is harmful to another user, third party provider, service provider or Opera Solutions.
This Website is for informational purposes only, is not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice and does not create a business or professional services relationship between you and Opera Solutions. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this Website or in the Policies, you may display, download, archive, and print a single copy of any information on this Website, or otherwise distributed from Opera Solutions, for such personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark and other proprietary notices and provided that it is done pursuant to the User Conduct and Obligations set forth below. You may not charge a fee for distribution of any information to any third party.
Opera Solutions has used its commercially reasonable efforts to obtain the most accurate and timely information available. Information on this Website is not guaranteed to be correct, current or complete and this Website may contain inaccuracies or technical errors. Accordingly, Opera Solutions assumes no responsibility (and expressly disclaims responsibility) for updating this Website to keep the information current or to ensure the accuracy, timeliness, reliability or completeness of any of the information contained on, downloaded or accessed from this Website.
THE PERFORMANCE OF THIS WEBSITE AND ALL INFORMATION CONTAINED ON, DOWNLOADED OR ACCESSED FROM THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED WARRANTIES OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. OPERA SOLUTIONS SHALL NOT BE RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY COMMUNICATIONS NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR ANY COMBINATION THEREOF INCLUDING ANY INJURY OR DAMAGE TO YOUR OR ANY OTHER PERSON’S COMPUTER AS A RESULT OF USING THIS WEBSITE. OPERA SOLUTIONS PROVIDES NO ASSURANCES THAT ANY REPORTED PROBLEMS WILL BE RESOLVED BY OPERA SOLUTIONS, EVEN IF OPERA SOLUTIONS ELECTS TO PROVIDE INFORMATION WITH THE GOAL OF ADDRESSING A PROBLEM.
User Conduct and Obligations
You agree to follow all applicable laws and regulations when using this Website. Furthermore, you agree that you will not upload, post or otherwise transmit or facilitate transmission through or to this Website any content that:
is unlawful, abusive, harassing, threatening, harmful, obscene, lewd, offensive, defamatory, libelous or otherwise objectionable;
victimizes, harasses, degrades or intimidates any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of any party;
contains any viruses, trojan horses, time bombs, or any other malicious software or harmful programs or elements;
disrupts, places unreasonable burdens or excessive loads on, interferes with or attempts to gain unauthorized access to any portion of this Website, its computer systems, servers or networks;
provides false information about yourself to us, impersonates any other person, or otherwise attempts to mislead others about your identity or the origin of any content, message or other communication;
transmits junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
collects information about other visitors to this Website without their consent or otherwise systematically extracts data or data fields, including without limitation any financial data or e-mail addresses;
sells access to or the use of this Website, including any content contained on, downloaded or accessed from this Website, except as specifically permitted in writing by Opera Solutions;
redistributes any content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;
intentionally alters the format in which data are provided by us or otherwise circumvents our regular interfaces to such data; and
embeds or imports any data provided by us into any information services (whether or not web-based), data files or application software, including without limitation accounting and payroll systems, except as specifically permitted in writing by Opera Solutions.
The foregoing prohibitions expressly include, but are not limited to, the practice of “screen scraping”, or any other practice or activity that the purpose of which is to obtain lists of data, portions of a database, or other lists or information from this Website, in any manner or in any quantities not authorized in writing by Opera Solutions.
By uploading, posting or otherwise transmitting through or to this Website any content, feedback or ideas, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in the Policies.
Notice of Copyright Infringement — Digital Millennium Copyright Act (“DMCA”)
Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this Website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material on this Website that is claimed to be infringing or to be the subject of infringing activity.
The address, telephone number or e-mail address of the complaining party.
A statement that the complaining party has 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.
A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
Our agent for notice of claims of copyright infringement on this Website can be reached as follows:
Opera Solutions, LLC Legal Department 10 Exchange Place, 11th Floor Jersey City, NJ 07302
Limitation of Liability
As a visitor to this Website, you acknowledge and agree that any reliance on or use by you of any information available on this Website shall be entirely at your own risk. OPERA SOLUTIONS DISCLAIMS ANY LIABILITY IN CONNECTION WITH USE OF THIS WEBSITE OR ANY CONTENT THEREON. IN NO EVENT SHALL OPERA SOLUTIONS (INCLUDING ITS LICENSORS, DATA PROVIDERS AND SERVICE PROVIDERS), AND ITS AFFILIATED COMPANIES, AND ITS AND THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES, REPRESENTATIVES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA) WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF, OR IN CONNECTION WITH, THE USE (OR INABILITY TO USE) OR THE PERFORMANCE OF THIS WEBSITE, ANY CONTENT ON OR ACCESSED THROUGH THIS WEBSITE OR ANY WEBSITE SERVICE LINKED TO OR ANY COPYING, DISPLAYING OR USE THEREOF, EVEN IF OPERA SOLUTIONS OR SUCH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ALL OR PART OF THIS LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE FOR ANY REASON, THEN OPERA SOLUTIONS’ MAXIMUM AGGREGATE LIABILITY (FOR THAT WHICH WOULD HAVE OTHERWISE BEEN LIMITED) SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to indemnify, defend and hold us and our affiliates, business partners, members, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees, expenses and other costs) relating in any way to your use of this Website or breach of the Policies. Opera Solutions reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
Intellectual Property Rights
All trademarks on this Website are the property of their respective owners. Any unauthorized use of these marks is unlawful. All content on this Website, including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of Opera Solutions (or its licensors) and is protected by international copyright law. The content on this Website may be used by you only for your personal, non-commercial use as provided for in the Policies, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by Opera Solutions.
Modifications to the Website
Opera Solutions reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or this entire Website, or any information contained thereon, without liability or notice to you.
If any provision of the Policies is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of the Policies shall continue in full force and effect. No waiver of any provision of the Policies shall be deemed a further or continuing waiver of such provision or any other provision of the Policies.
The Policies shall be governed by and construed in accordance with the laws of the State of New York. If a dispute arises out of or in connection with the Policies, the parties will attempt to resolve the dispute through good faith negotiations. If the parties fail to resolve the dispute, you and Opera Solutions agree to submit the dispute to non-binding mediation conducted by the American Arbitration Association (“AAA”) or other mutually acceptable alternative dispute organization. Each party shall be responsible for its own expenses and shall equally split the cost of the mediator. All aspects of the mediation shall remain confidential by all parties involved. If the dispute is unresolved, the parties agree to submit to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in New York, New York, or shall agree to refer the matter to binding arbitration to be conducted in New York, New York. Notwithstanding the foregoing, Opera Solutions shall be entitled to take immediate legal action if required to protect confidential or proprietary information or to obtain an interim injunction. You are responsible for complying with the laws of the jurisdiction from which you are accessing this Website, and you agree that you will not access or use the information on this Website in violation of such laws.
The Policies posted on this Website are written in English and although translations in other languages of any of the Policies may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the Policies and any other translations thereto, the English language version of the Policies shall govern.
If you have any questions or concerns about this Website or the Policies, please feel free to contact us at firstname.lastname@example.org.
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