Terms of Service
TERMS & CONDITIONS OF USE
(January 11, 2016)
These Terms and Conditions Govern the Use of this Website
You should not Substitute Information on this Website for Professional Advice
The contents of the Opya website, including text, images, information obtained from our licensors, and other material contained on the Site (“Content“) are for informational purposes only. The Content is not intended to be, and should not be used as, a substitute for advice, diagnosis, or treatment by a healthcare professional. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on this Site.
These Terms and Conditions may Change
Changes and updates are frequently applied to our website. In this respect, we reserve the right to update, modify, correct or change these Terms and any information or Content on the website at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
By accessing this Website, you consent to having this agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, through contracts, e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
Disclaimers – General
You agree to be solely responsible for your use of this Web site.
OPYA ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.
YOU UNDERSTAND THAT THE WEBSITE IS OPERATED ON AN “AS IS,” “WHERE-IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, OPYA, ITS AFFILIATES AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THIS SITE AND ITS CONTENTS.
WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, SECURE, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WE DOE NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLYAND DO NOT IN ANY WAY IMPLY APPROVAL OR ENDORSEMENT BY OPYA AND ITS SUBSIDIARIES AND AFFILIATES. IN ADDITION, REFERENCE TO LINKS, TRADEMARKS OR BRANDS, NAMES, SERVICES, DOMAIN NAMES AND THE NAMES OF OTHER COMPANIES IN NO WAY IMPLIES ANY ASSOCIATION BETWEEN OPYA AND THESE COMPANIES, PRODUCTS OR SERVICES OR CORPORATE NAMES. WE DO NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM A LINKED SITE YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, SHALL OPYA OR ANY OF IT’S AFFILIATES, SUBSIDIARIES, INVESTORS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, LICENSORS, VENDORS OR SUPPLIERS IN ANY WAY BE LIABLE FOR DIRECT, INDIRECT OR INCIDENTAL DAMAGES OR LOSS OF DATA OR PROFIT RESULTING FROM OR ASSOCIATED WITH THE USE OR INABILITY TO USE THE WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN IN CONTRACT (INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OPYA, ITS AFFILIATES, SUBSIDIARIES, INVESTORS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, LICENSORS, VENDORS OR SUPPLIERS HAD BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF OPYA, its licensors, its suppliers, or any third parties mentioned on the Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100.
You understand that you are personally responsible for your use of the website and agree to indemnify and hold Opya, and its subsidiaries, affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, licensors and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the website or your violation of either these Terms, applicable law or the rights of any third party.
If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Enforcement of the Terms
By accessing and using our website, you agree that your access to and use of this website is subject to these Terms, as well as all applicable laws, as governed and interpreted pursuant to the laws of the state of California, United States of America, without application of conflict of laws rules.
Any claims arising in connection with your use of the site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
You Agree to Arbitrate any Dispute Between Us
You agree that any dispute, controversy or claim arising out of or related to these Terms or your use of the Site will be resolved and settled through arbitration administered by the American Arbitration Association and conducted in Santa Mateo, California, United States of America. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You are solely responsible for the content of any messages and/or images you submit. We assume no liability for any content submitted by you. We may, but are not obligated to, restrict or remove any and all content from Comments that we determine, in our sole discretion, violates these guidelines or is otherwise harmful to us, users or any third party. We reserve the right to purge the content you provide at our sole discretion and at any time after creation. You must provide your actual e-mail address in order to send your Comments. Any content you submit will be routed through the Internet and you understand and acknowledge that internet has inherent security and privacy limitations.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.
All elements of the website are protected by applicable legislation governing copyright, trademark rights, design rights and unfair competition.
All of the Content you see and hear on the website, including, for example, all of the page headers, images, illustrations, graphics, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by us. The entire Content of this website is copyrighted as a collective work under U.S. copyright laws, and we own or license a copyright in the selection, coordination, arrangement and enhancement of the Content. The M-CHAT provided on the site is licensed with permission of the copyright holders and is copyright © 2009 Diana Robins, Deborah Fein, & Marianne Barton.
The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you only use these copies of the Content for personal, non–commercial use. Any reproduction, depiction, distribution and/or use of all or part of the website content, by whatever means, in whatever form or for whatever purpose, without the express, prior written consent of Opya is strictly prohibited. As such, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Opya.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. We reserve all right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in any Content you view or download from this website.
These Terms and policies incorporated in the Terms, are the entire agreement between you and Opya. They supersede any and all prior or contemporaneous agreements between you and us relating to your use of our website. Opya may assign its rights in these Terms in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. Our failure of to partially or fully exercise any rights or our waiver of of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by Opya of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Opya under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit Opya’s right to exercise any other right or remedy.
Opya, Inc. operates this Website.
Our mailing address is:
1720 S. Amphlett Blvd.
San Mateo, CA 94402.