a. The governing language is English; therefore the English language version shall take precedence over other languages.
a. We reserve the right, at our sole discretion, to modify, change or alter these terms and conditions without notice at anytime. Modifications shall become effective immediately and will be made available to you from within, or through, the affected Services. You are responsible to review this agreement on a regular basis to keep yourself apprised of all changes. We reserve the right, but are not obligated, to strictly enforce the Terms of use through self-help, community moderation, active investigation, litigation and prosecution. Your only recourse if you are not satisfied with the terms or service is immediately discontinue of use.
a. You may accept the Terms by clicking to accept or agree to the Terms, where the option is available to you by Oplink Services in the Service. Frankly using the services constitutes an acceptance of the Terms from that point onwards, including any revisions. You are not authorized to use the service if: You do not accept the Terms, You are not of legal age to form a binding contract. You are not with Oplink Services; Oplink Services has barred you from receiving the services. You are barred from use under the laws of the United States, state or any country.
a. You acknowledge that this Privacy Policy is supported by reasonable and valuable consideration, including, but not limited to, your use of the Oplink Services, receipt of information, data, graphics or other materials available at or through the software including but not limited to the website, mobile and app.
b. We appreciate your feedback or other suggestions about Oplink Services, but you understand that we may use them without any obligation to compensate you for them and you are not obligation to offer them.
c. You acknowledge and agree that Oplink Services may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process; enforce the Terms of Use; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address, GPS location) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Oplink Services, its users or the general public.
a. Oplink Services uses your account information you provide such as your address and financial information such as your credit card number to process your orders. We may use your contact information to contact you if we need to confirm any information you provide including but not limited to newsletters or mailings. We may ask you to participate in a voluntary survey or questionnaire to improve our products and services. We may also send you informational and promotional materials from Oplink Services or our affiliates.
a. You may subscribe or unsubscribe to our newsletter or other mailings at any time by contacting Oplink Services by using the contact us / feedback form in the service.
a. A cookie is a tiny piece of information sent from a website into the hard drive of a user's computer. Cookies are a standard procedure used by many commercial websites. Oplink Services uses cookies to monitor our site's use and usefulness. If you are concerned about receiving cookies from websites, you can set your browser to control this feature. However, disabling the reception of cookies may limit your access to portions of the Oplink Services website.
a. We protect our databases with various physical, technical and procedural measures and we restrict access to your information by unauthorized persons. We also advise all employees about their responsibility to protect your data and provide them with appropriate guidelines for adhering to Oplink Services confidentiality policies. Oplink Services do not sell or distribute information about you to outside organizations or companies without your permission.
a. Some links on the Oplink Service website may take you to other sites not under our' control. Oplink Services is providing these links as a convenience and the inclusion of any such link is not an endorsement by Oplink Services. These sites may have different privacy policies and use information you provide according to their own standards and practices. Also, these sites may change their content, operations and policies at their own discretion. You acknowledge that when you click on a link that leaves the Oplink Services website, Oplink Services is not responsible for those sites or their use of information you provide. Accordingly, we suggest you view the privacy and other policy statements on these sites.
a. When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
a. We strive to keep Oplink Services safe, Help us by following the below agreement which includes but not limited to: b. You agree not to send or otherwise post unauthorized commercial communications ,such as spam; not to collect users' content or information, or otherwise access if not authorized, using automated means (such as harvesting bots, robots, spiders, or scrapers); not to engage in unlawful acts multi-level marketing or unlawful, misleading, malicious, or discriminatory, such as a pyramid scheme ; not to solicit login information or access an account belonging to someone else; not to upload viruses or other malicious code that: not to post or send content is hateful, racist, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous not to bully, intimidate, or harass any user; not do anything that could disable, overburden, or impair the proper working of the Services such as a denial of service attack; not to facilitate or encourage any violations of this Statement.
a. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
b. Accordingly, you agree that you will be solely responsible to Oplink Services for all activities that transpire under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately using the feedback or contact us within the service.
c. You will not provide any false personal information on Oplink Services, or create an account for anyone other than yourself without permission; will not use the Services if you are under age to enter into a binding contract.
d. You will not transfer your account to anyone without first getting our written permission. Will not share your password or in the case of developers, your secret key, let anyone else access your account, or do anything else that might jeopardize the security of your account. you will not use the service if you are barred by Oplink Services, federal , state or any country laws in which the service is provided
e. If we disable your account, you will not create another one without our permission.
f. You are responsible for making sure your registration information is accurate; if not accurate you will correct and update your account information by editing it in your account. You agree to use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions including any laws regarding the export of data or software to and from the United States or other relevant countries.
g. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Oplink Services, unless you have been specifically allowed to do so in a separate agreement with Oplink Services. You specifically agree not to access or attempt to access any of the Services through any automated means including use of scripts or web crawlers and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
h. You agree that you will not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.
i. Unless you have been specifically permitted to do so in a separate agreement with Oplink Services, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
j. You agree that you are solely responsible for (and that Oplink Services has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences including any loss or damage which Oplink Services may suffer of any such breach.
a. You agree to respect other people's rights, which include but not limited to:
b. You agree not to post content or take any action on Oplink Services’ that infringes or violates someone else's rights or otherwise violates the law; Not to post or transmit anyone's identification documents or sensitive financial information; not contact users without their consent; not to violate the laws, including but not limited to, requirement based on race, color, religion, sex, national origin, age, or disability
c. We can remove any content or information you post on Oplink Services if we believe that it violates this Statement; do not use our copyrights or trademarks or any confusingly similar marks, without written permission; do not infringe other people's intellectual property rights.
a. All Account information, postings are stored in our database, even after "deletion," and may be archived elsewhere.
b. Our web logs and other records are stored indefinitely.
c. Although we make good faith efforts to store the information in a secure operating environment that is not available to the public, we cannot guarantee complete security.
a. Intouch Bids is FREE.
a. Usage of Intouch Bids will be immediately following registration and subject to service providers in your selected areas.
a. If at any time we extend you credit it is for a 30 day period after that you will be charges 1.5% interest monthly on the outstanding balance or the maximum the law allows. If the balance is not paid and collection is required you will be responsible for attorney fees for debt recovery costs.
a. We currently provide our mobile app services free to users, but please be aware that your carrier's normal rates and fees, such as but not limited to text messaging fees, may apply. You provide all rights necessary to enable users to sync (including through an application) your phone’s contact list with Oplink Services.
a. we may establish limits for the use of the Service, which includes but not limited to how long content will be retained by the Service, the maximum number and size of postings, text messages, email messages, or other content that may be transmitted or stored by the Services, and the access frequency of the Service. You concur that Oplink Services has neither responsibility nor liability for the deletion or failure to store any Content maintained or transmitted by or through the Service. You acknowledge that Oplink Services reserves the right at any time to modify or discontinue the Service or any part thereof with or without notice, and that Oplink Services shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You use the service at your own discretion and risk and you are solely responsible for any damage to your computer system, mobile systems or other device or loss of data that results from such use.
a. YOU AGREE THAT USE OF THE OPLINK SERVICES AND THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. OPLINK SERVICES AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, OPLINK SERVICES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE OPLINK SERVICES SITE, MOBILE, APP SERVICE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, OPLINK SERVICES DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE OPLINK SERVICES SITE, MOBILE APP, SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE OPLINK SERVICES SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, OPLINK SERVICES DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE OPLINK SERVICES SITE, MOBILE APP OR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. WE TRY TO KEEP OPLINK SERVICES UP, BUG-FREE, AND SAFE, BUT DO NOT GUARANTEE IT.
a. YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT OPLINK SERVICES ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU HOWEVER CAUSED, INCLUDING ANY LOSS OF DATA, LOSS OF PROFIT, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;WHETHER OR NOT OPLINK SERVICES OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.THIS STATEMENT MAKES UP THE ENTIRE AGREEMENT BETWEEN THE PARTIES REGARDING OPLINK SERVICES, AND SUPERSEDES ANY PRIOR AGREEMENTS. IF ANY PORTION OF THIS STATEMENT IS FOUND BY A COURT TO BE UNENFORCEABLE, THE REMAINING PROVISIONS WILL REMAIN IN FULL FORCE AND EFFECT. IF WE FAIL TO ENFORCE ANY RIGHTS OR REMEDIES, IT WILL IS NO WAY CONSIDERED A WAIVER; ANY AMENDMENT TO OR WAIVER OF THIS STATEMENT MUST BE MADE IN WRITING AND SIGNED BY US. YOU WILL NOT TRANSFER ANY OF YOUR RIGHTS OR OBLIGATIONS UNDER THIS STATEMENT TO ANYONE ELSE WITHOUT OUR CONSENT. ALL OF OUR RIGHTS AND OBLIGATIONS UNDER THIS STATEMENT ARE FREELY ASSIGNABLE BY US IN CONNECTION WITH A MERGER, ACQUISITION, OR SALE OF ASSETS, OR BY OPERATION OF LAW OR OTHERWISE. NOTHING IN THIS STATEMENT SHALL PREVENT US FROM COMPLYING WITH THE LAW. AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
a. To the greatest extent permitted by law, you agree to defend, indemnify and hold harmless Oplink Services, its affiliates subsidiaries successors, assigns and their respective directors, officers, employees and agents, and Carriers from against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses which includes reasonable attorneys fees arising out of or accruing from your use of the service in violation of this Agreement, your product that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy. you agree to defend, indemnify and hold harmless the applicable Payment Processors and the Payment Processors' affiliates, subsidiaries successors, assigns directors, officers, employees and agents from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses which includes reasonable attorneys fees arising out of or accruing from taxes related to your distribution of services or products distributed via the service.
a. You will resolve any claim, cause of action or dispute you have with us arising out of or relating to this statement, terms or Oplink Services exclusively in a state or federal court located in Shelby County. The laws of the State of Tennessee will govern this statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Shelby County, Tennessee for the purpose of litigating all such claims. Notwithstanding this, you agree that Oplink Services shall still be allowed to apply for injunctive remedies or an urgent legal relief in any jurisdiction.
b. If anyone brings a claim against us related to your actions, content or information on Oplink Services, you will indemnify and hold us harmless from and against all damages, losses, and all expenses including reasonable legal fees and costs.
a. If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we have the right but not obligation to stop providing all or part of Oplink Services to you without notice and remove and discard any Content within the Service, for any reason, including required to do so by law, without limitation. We may notify you but not obligation to by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. When these Terms come to an end, the following provisions will still apply indefinitely, shall be unaffected by this cessation:4a-c,9a,11b,12g-j,13a-c,14a-c,17a,19a,20a,21a,22a,23a-b,24a,25a-f
a. You acknowledge and agree that Oplink Services and licensors own all legal right registered or not, title and interest in and to the Services, including any intellectual property rights which subsist in the Services, anywhere in the world those rights may exist. You further acknowledge that the Services may contain information which is designated confidential by Oplink Services and that you shall not disclose such information without prior written consent from Oplink Services’s.
b. Unless you have agreed otherwise in writing with Oplink Services, nothing in the Terms gives you a right to use any of Oplink Services’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
c. If you have been given an explicit right to use any of these brand features in a separate written agreement with Oplink Services, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Oplink Services' brand feature use guidelines as updated from time to time.
d. Oplink Services acknowledges and agrees that it obtains no right, title or interest from you or your licensors under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content whether those rights happen to be registered or not, and wherever in the world those rights may exist. Unless you have agreed otherwise in writing with Oplink Services, you agree that you are responsible for protecting and enforcing those rights and that Oplink Services has no obligation to do so on your behalf.
e. You agree that you shall not deface, remove, obscure, or alter any proprietary rights notices included but not limited to copyright and trade mark notices which may be affixed to or contained within the Services.
f. Unless you have been expressly authorized to do so in writing by Oplink Services, you agree that in using the Services, you will not use any trade mark, service mark, and trade name, logo of any company or organization.
a. Oplink Services gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Oplink Services as part of the Services as provided to you by Oplink Services, referred within as “Software”. This license is for the sole purpose of enabling you to use and enjoy the Services benefit as provided by Oplink Services, as permitted by the Terms.
b. You may not nor permit anyone else to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or unless you have written permission by Oplink Services.
c. You may not assign or a sub-license your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software unless Oplink Services has given you specific written permission.
a. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Oplink Services a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Oplink Services to display, distribute and promote the Services.
b. You agree that this license includes a right for Oplink Services to make such Content available to other companies, organizations or individuals with whom Oplink Services has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
c. You agree that this license shall permit Oplink Services to performing the required technical steps to provide the Services to our users, license may allow us to transmit or distribute your Content over various public networks and in various media; and make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
d. You confirm and warrant to Oplink Services that you have all the rights, power and authority necessary to grant the above license.
e. Service providers agree to receive contact via SMS text, web posting and email by users for the purposes that services permits.
f. Users agree to receive contact via SMS text, web posting and email by Service providers for the purposes that services permits.
a. The Software which you use may automatically download and install updates from time to time from Oplink Services’. Updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates and permit Oplink Services to deliver these to you as part of your use of the Services.
a. You agree to refer your friends at your option for the use of the app and or website without any obligation to you.
a. You agree that Oplink Services may provide you with notices and marketing material, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.