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protected by copyright, patent and trademark laws. Except as expressly
provided in these Terms, you do not obtain any rights, title or interest
in or to the Content. The Service may display content that is not owned
by OPS. This content is the sole responsibility of the entity that makes
it available. Intellectual Property ownership of this content is reserved
specifically to the entity providing the content.
You may use publicly available information regarding our products and
Services (such as product data sheets, videos, written articles and similar
materials) purposely made available by OPS for downloading from the
Site, provided that you 1) do not remove, obscure or alter any proprietary
notices or legal statements displayed in or in connection with such
Content, 2) use such information only for your personal, non-commercial
informational purpose, 3) make no modifications to any such information,
and 4) do not make any additional representations or warranties relating
to such documents. Except for the foregoing, you may not copy or distrib-
ute any Content. Additionally, you may not remove, obscure, or alter any
legal notices displayed in or along with OPS’ product or Service.
In connection with your use of the Site, Application, Product or Service,
OPS may send you announcements, administrative messages, and other
information. You may opt out of some of those communications through
the procedures set forth in our Privacy Policy.
Portions of the Service may allow you to upload, submit, store, send or
receive content. Additionally, the Service may contain bulletin board
services, forums, communities or other message or communication
facilities designed to enable you to communicate and interact with other
Users (the “Public Areas”). You agree to use the Public Areas only to post,
send and receive messages and materials that are proper and, when
applicable, related to the particular Public Area. OPS has no obligation to
monitor the Public Areas, provided, however, OPS reserves the right to
review materials posted to the Public Areas and to remove any materials
at any time, without notice, for any reason and in our sole discretion. OPS
reserves the right to terminate or suspend your access to any or all of
the Public Areas at any time, without notice, for any reason whatsoever.
You acknowledge that postings and other communications by Users are
not controlled or endorsed by OPS, and such communications shall not be
considered reviewed, screened or approved by OPS. Statements made in
postings, forums, bulletin boards and other Public Areas reflect only the
views of their authors. OPS specifically disclaims any liability with regard
to the Public Areas and any actions resulting from your participation in
any Public Areas.
You acknowledge and agree that your communications with other Users
via the Public Area or otherwise is public and not private communications,
and that you have no expectation of privacy concerning your use of the
Public Areas. You acknowledge that personal information that you com-
municate on the Public Areas may be seen and used by others and result
in unsolicited communications; therefore, WE STRONGLY ENCOURAGE
YOU NOT TO DISCLOSE ANY PERSONAL INFORMATION ABOUT YOURSELF
THROUGH THE PUBLIC AREAS. We are not responsible for information
that you choose to communicate to other Users via the Public Areas, or
for the actions of other Users.
When you upload, submit, store, send or receive content to or through
our Services, you give OPS (and those we work with) a perpetual, irre-
movable, worldwide license to use, host, store, reproduce, modify, create
derivative works (such as those resulting from translations, adaptations
or other changes we make so that your content works better with our
Services), communicate, publish, publicly perform, publicly display and
distribute such content. The rights you grant in this license are for the
limited purpose of operating and improving our Services, and to develop
new services. This license continues even if you stop using our Services.
Also, in some of our Services, there are terms or settings that narrow the
scope of our use of the content submitted in those Services. Make sure
you have the necessary rights to grant us this license for any content that
you submit to our Services.
You acknowledge that OPS exercises no control whatsoever over the
content of your information and it is your sole responsibility to provide
the information, and to ensure that the information you transmit or
receive complies with all applicable laws and regulations now in place or
enacted in the future. OPS is under no obligation, however, to review your
information for accuracy, potential liability or for any other reason.
OPS shall have the right to utilize data capture, syndication and analysis
tools, and other similar tools, to extract, compile, synthesize, and analyze
any non-personally identifiable data or information resulting from your
access and use of the Service (“Blind Data”). To the extent that any Blind
Data is collected by OPS, such Blind Data shall be solely owned by OPS
and may be used by OPS for any lawful business purpose without a duty
of accounting to User, including, without limitation, providing User with
the opportunity for User to benchmark itself against its peers, provided
that the Blind Data is used only in an aggregated form, without specifically
identifying the source of the Blind Data. Without assuming any obliga-
tions or liabilities of User, OPS agrees to use commercially reasonable
efforts to comply with the applicable U.S. laws and regulations respecting
the dissemination and use of such Blind Data.
OPS has reasonable security measures in place to protect personally
identifiable information and sensitive data that is generated by User’s use
of the Service and received by OPS. While no computer system or server
is completely secure, OPS believes the measures it has implemented
reduce security problems. You can find more information about how
OPS uses and stores content in the Privacy Policy or additional terms for
particular Services.
Term; Termination
These Terms shall commence upon OPS providing User with access to the
Service and shall continue until terminated in accordance with the terms
hereof. These Terms will automatically terminate in the event User fails
to timely pay for the Services or otherwise breaches any of these Terms.
Termination will be effective without notice. User may terminate these
Terms at any time by ceasing to use the Service. Additionally, OPS re-
serves the right to terminate access to this Service or take other actions
it reasonably believes necessary to comply with the law or to protect its
rights or those of its Users.
Upon termination of these Terms for any reason, User’s right to use the
Service shall immediately cease. The terms and provisions set forth
herein, other than the continued use of the Service, shall survive any
termination of these Terms. Termination of these Terms shall not relieve
either party of any obligation accrued prior to the termination date.
User acknowledges and agrees that in the event of any breach of these
Terms by User, OPS will suffer irreparable harm and shall therefore be
entitled to obtain injunctive relief against User. Additionally, OPS may
take whatever remedial action it determines in its sole discretion is
appropriate if User violates these restrictions, including, but not limited
to, immediate suspension or cancellation of the Service, and criminal
proceedings.
Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL
FAULTS AND WITHOUT WARRANTY OF ANY KIND. OPS MAKES NO
REPRESENTATION OR WARRANTY (EXPRESS, IMPLIED OR STATUTORY)
WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, MER-
CHANTABILITY, OR NON-INFRINGEMENT. OPS DOES NOT WARRANT THAT
THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE.
Limited Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OPS
OR ITS SUPPLIERS/LICENSORS BE LIABLE TO USER OR ANY THIRD
PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION,
DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSI-
NESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO
USE, THE SERVICE, IT S CONTENT OR PRODUCTS, OR ANY OF ITS THIRD
PARTY CONTENT AVAILABLE THROUGH THE SERVICE, EVEN IF OPS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITH-
STANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE EN-
TIRE LIABILITY OF OPS AND ITS SUPPLIERS/LICENSORS UNDER THESE
TERMS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS
LIMITED TO, AND SHALL NOT EXCEED, THE AGGREGATE AMOUNT ACTU-
ALLY PAID BY USER FOR ACCESS TO AND USE OF THE SERVICE IN THE
TWELVE (12) MONTHS PRIOR TO THE EVENTS GIVING RISE TO A CAUSE
OF ACTION AGAINST OPS.
Governing Law
These Terms and all claims related to it, its execution or the performance
of the parties under it, shall be construed and governed in all respects
according to the internal laws of the State of New Hampshire without
regard to the conflict of law provisions thereof. User hereby waives any
right to bring any claim against OPS in court (including any right to a trial
by jury), except as provided by the rules of the arbitration forum in which
a claim is filed. User waives any right it may have to start or participate
in, and agrees to opt out of, any class action against OPS arising from or
relating to the Service or these Terms. Any controversy or claim arising
out of or relating to an alleged breach of these Terms or the operation of
this Service shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association be-
fore a single arbitrator. Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration shall be
conducted in Boston, Massachusetts and the language of such arbitration
shall be English. OPS may seek any interim or preliminary relief from
a court of competent jurisdiction necessary to protect OPS’ rights or
property pending the completion of arbitration. The arbitrator shall not
have the authority, power, or right to alter, change, amend, modify, add,
or subtract from any provision of these Terms. The arbitrator shall have
the power to issue mandatory orders and restraining orders in connection
with the arbitration. The award rendered by the arbitrator shall be final
and binding on the parties, and judgment may be entered thereon in any
court of competent jurisdiction.
Force Majeure
OPS shall not be in default or otherwise liable for any delay in or failure
of its performance under these Terms where such delay or failure arises
by reason of any Act of God, or any government or any governmental
body, war, insurrection, acts of terrorism, the elements, strikes or labor
disputes, or other similar or dissimilar causes beyond OPS’ control.
User acknowledges that the performance of certain OPS obligations may
require the cooperation of third parties designated by User and outside
the control of OPS. In the event such third parties fail to cooperate with
OPS in a manner that reasonably permits OPS to perform its obligations,
such failures shall be considered as causes beyond the control of OPS for
the purposes of this Section and shall not be the basis for a determination
that OPS is in breach of any of its obligations under these Terms or is
otherwise liable.
Notice
OPS may direct all notices intended for a User to the User’s email ad-
dress provided upon registration of the Service (which a User may update
from time to time in the User settings available within the Service). All
notices required to be delivered to OPS shall be delivered, in writing, to
SpotOnCollar.com.
Waiver
No waiver shall be implied from conduct or failure to enforce rights. No
waiver shall be effective unless in writing signed by both Parties.
Severability
If any provision of these Terms is held to be invalid, void or unenforce-
able, such provision shall be deemed to be restated to reflect as nearly
as possible the original intentions of the parties in accordance with
applicable law, and the remaining provisions of these Terms shall remain
in full force and effect.
Entire Agreement
These Terms shall constitute the complete agreement between the Par-
ties and supersedes all previous agreements or representations, written
or oral, with respect to the subject matter hereof.
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