OPORD Analytical's Terms of Service

OPORD Analytical Terms of Service (Terms and Conditions)

[Last updated May 17, 2008]

1. ACCEPTANCE OF TERMS

OPORD Analytical (“OPORD ANALYTICAL”; the “COMPANY”) welcomes You, and provides its Service to You (the “CUSTOMER”), subject to the following Terms of Service (“TOS”), which may be updated by the “COMPANY” from time to time without notice to You. Your use of the Site constitutes Your agreement to all such terms, conditions, policies and notices (the “Agreement”). OPORD Analytical recommends that the “CUSTOMER” return to read the TOS regularly to check for updates to the Site’s Terms and Conditions.

2. YOUR OBLIGATIONS

You must be at least 13 years old to use this Service. OPORD Analytical forbids any use of the “COMPANY’S” Website and services by any individual that is not at least 13 years of age.

3. DESCRIPTION OF SERVICE

OPORD Analytical provides its customers with a Warning Order Estimate (the “Service”). The Service is delivered to customers via a subscription fee and licensing agreement by Email to the “CUSTOMER”. OPORD Analytical, the “COMPANY”, proudly offers access to our Company’s products for customers through our Website.

The applicable fees for the Warning Order Estimate and other current or future services are defined in: SECTION 5: FEES AND PAYMENTS.

4. MODIFICATIONS TO SERVICE

OPORD Analytical reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice. You agree that OPORD Analytical shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

OPORD Analytical may change, add or remove any part of this Agreement, or any other terms associated with the use of the Site, at any time, at will, without notice. It is your responsibility to review the TOS for changes and OPORD Analytical recommends that all customers do so often. Any changes made to the TOS at any time shall become part of the Agreement and shall apply as soon as those changes are posted to the Site. By continuing to use any service offered by OPORD Analytical after any changes to the TOS are made, You are indicating your unconditional acceptance of those changes as defined by the “COMPANY”.

5. FEES AND PAYMENTS

Future products and services may be provided by the Company. If and when those products and services do appear they will be listed here.

6. RENEWAL AND CANCELLATION

You are responsible to renew or cancel your subscription account with OPORD Analytical. OPORD Analytical conducts monthly and quarterly billing for its Warning Order Estimate intelligence product. OPORD Analytical provides a 100% satisfaction and money-back guarantee for its subscription service. If you are not completely satisfied with the Warning Order Estimate intelligence product subscription that our company provides, please contact us for a full refund of the subscription amount (refunds are applied only to the current month and are not retroactive).

OPORD Analytical’s mailing address is:

OPORD Analytical

P.O. Box 483

Dayville, CT. 06241-2028

Should any Customer have any question about billing-related issues, correspondence to our Company can also be sent to: billing@opordanalytical.com.

7. THIRD PARTIES

You may have access to third party information through this Website. OPORD Analytical has made no determination or effort to verify the accuracy or suitability of any information in any such sources and your correspondence or business dealings and participation with third parties or advertisers found on or through the Service is agreed by You to be at your own risk. You agree that OPORD Analytical shall not be held responsible or liable for any loss or damage of any sort incurred as the result of any such dealings by You with any third parties. OPORD Analytical may provide, or third parties may provide, external links to other sites or resources on the Internet. Since OPORD Analytical has no control over such sites, You acknowledge and agree that OPORD Analytical is not responsible for the availability of such external sites to You or the resources or promises defined by those sites. You further acknowledge and agree that OPORD Analytical shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any third party site on the Internet.

8. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OPORD ANALYTICAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE “COMPANY” PROVIDES NO WARRANTY OR GUARANTEE THAT ANY FILE AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF MALICIOUS CODE, VIRUSES, WORMS, TROJAN HORSES, OR ANY OTHER AS OF YET UNDEFINED HOSTILE COMPUTER PROCESS THAT MAY ADVERSELY AFFECT YOU, YOUR COMPUTER SYSTEMS AND THE DATA HOUSED ON THOSE COMPUTER SYSTEMS OR FILE ARCHIVES. YOU ARE RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING APPROPRIATE MEASURES OF SECURITY FOR YOUR COMPUTER SYSTEM(S) AND YOU ALSO AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY COMPUTER SYSTEM THAT YOU OWN OR USE THAT IS CONNECTED TO THE INTERNET TO ENSURE APPROPRIATE DATA BACK-UP CAPABILITY.

OPORD ANALYTICAL MAKES NO WARRANTY THAT:

THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY, SECURE, RELIABLE OR ACCURATE.

THE WEBSITE HOSTING THE SERVICE WILL BE FREE OF VIRUSES, MALICIOUS CODE, TROJAN HORSES, OR FREE OF OTHER HARMFUL COMPONENTS.

ANY FILE OR MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS SERVICE IS DONE AT YOUR OWN RISK AND DISCRETION AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES INCURRED TO YOUR COMPUTER SYSTEM(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL.

ANY INFORMATION OBTAINED BY YOU, BY ANY SOURCE OR METHOD, FROM OPORD ANALYTICAL OR THROUGH THE SERVICE SHALL NOT BE USED TO CREATE ANY WARRANTY OF ANY NATURE THAT IS NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

OPORD ANALYTICAL’S WEBSITE MAY CONTAIN OPINIONS BY OPORD ANAYTICAL AND THIRD PARTIES. YOU EXPRESSLY AGREE THAT ANY AND ALL CONTENT PROVIDED BY OPORD ANAYTICAL SHOULD NOT BE USED BY YOU OR RELIED UPON BY YOU FOR ANY PURPOSE. OPORD ANALYTICAL MAKES NO GUARANTEE OF ACCURACY OF ANY INFORMATION THAT THE COMPANY PROVIDES.

OPORD ANALYTICAL DOES NOT PROVIDE FINANCIAL ADVICE OF ANY KIND. NO INFORMATION DERIVED FROM THE COMPANY SHOULD EVER BE CONSTRUED AS GIVING INVESTMENT OR FINANCIAL ADVICE OR A COMBINATION OF THE SAME.

OPORD ANALYTICAL DOES NOT ADOPT OR ENDORSE ANY THIRD PARTY ACTIVITY, REGARDLESS OF CIRCUMSTANCE, AND THE FULL LEGAL RESPONSIBILITY OF SUCH ACTIVITIES IS WITH THE THIRD PARTIES THEMSELVES.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OPORD ANALYTICAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EMOTIONAL DISTRESS, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OPORD ANALYTICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

THE USE OR INABILITY TO USE THE COMPANY’S SERVICE.

THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.

UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INTERNET TRANSMISSIONS OR DATA.

STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.

ANY OTHER MATTER RELATING TO THE SERVICE.

10. TRADEMARKS

OPORD Analytical, The Premier Intelligence Company, is a registered trademark, and the OPORD Analytical logo and other OPORD Analytical marks appearing on the Website are either registered or unregistered trademarks of the company. Other trademarks by OPORD Analytical’s content providers or other third parties may appear in this Website. OPORD Analytical, its content providers and such third parties do at all times retain all rights with respect to their respective trademarks, service marks or logos.

You may not add, delete, modify or distort the content of this Site. Any attempt to modify this Site or to use the Site for purposes other than for what it is intended without the expressed consent of OPORD Analytical is strictly prohibited. OPORD Analytical will enforce its intellectual property rights to the fullest extent of the law.

Please report any content or trademark violations of OPORD Analytical to:

generalcounsel@opordanalytical.com

11. WAIVER

OPORD Analytical does not waive any rights under this TOS due to failure or delay on the part of the “COMPANY” to exercise any right or remedy hereof.

12. INDEMNIFICATION

You expressly agree to indemnify and hold OPORD Analytical and its employees harmless from any alleged claim or demand, including reasonable attorney fees, made by You and/or any third party due to or arising out of your use of the Service, your connection to the Service and/or your violation of the TOS.

13. PRIVACY

You can read OPORD Analytical’s privacy policy at this link.

14. RESTRICTIONS ON USE

You expressly agree that You will not use any product or service offered by OPORD Analytical for any illegal purpose or in any manner inconsistent with the Terms and Conditions (TOS). You agree to use any OPORD Analytical source, method and product produced by the “COMPANY” for NONCOMMERCIAL PURPOSES ONLY and not for resale to any other person or entity.

15. HEADINGS

The headings of all sections used for the Terms of Service on this Site are for ease of reference only. The headings are not admissible in any action to modify or interpret the contents of any particular section within the TOS.

16. SEVERABILITY

The Terms of Service for this Site are binding only to the extent that they are recognized by a court of competent jurisdiction. In the event that certain aspects of the Terms of Service are illegal, unenforceable or invalid, as determined by a court of competent jurisdiction, all remaining provisions shall remain in full force and effect.

17. ENTIRE AGREEMENT

OPORD Analytical’s Terms of Service, in addition to the “COMPANY’S” Privacy Policy, supersedes any previous arrangement or agreement between parties with respect to the subject matter contained in these agreements. These policies constitute the sole and entire agreement between parties.

18. REFUSAL OR DISCONTINUANCE OF SERVICE

OPORD Analytical reserves the right at will to refuse or discontinue any service or product to any user for non-compliance with these Terms and Conditions.

19. GOVERNING LAW AND JURISDICTION

This Agreement will be governed by the laws of the State of Connecticut. Any dispute arising from the terms of this Agreement or breach of this Agreement will be governed by the laws of the State of Connecticut and You expressly agree to the personal and exclusive jurisdiction by the state and federal courts sitting in Windham County, Connecticut. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions.

20. MISCELLANEOUS

The products, services, and information that are being offered by the OPORD Analytical Website are not being produced by any employee or agency of the United States Federal Government. OPORD Analytical does not handle, solicit, compile and disseminate classified information and does not apply classifications to any of its intelligence products.