TERMS OF USE

By accessing or using any public webpage on the Opturo.com website (‘Website’), you (the ‘User’) agree to these Terms of Use with OPTURO Inc. (‘OPTURO’). Access and use of the webpages requiring a login are reserved for Authorized Users of Clients of OPTURO and are subject to a different, written agreement between the Client and OPTURO. This Website is owned and operated by OPTURO Inc., a Florida corporation, with offices at 15 Paradise Plaza Suite 260 Sarasota, FL 34239. It would, therefore, be appropriate and advisable for all concerned, navigating through this Website, to frequently check each page on this Website being visited, to determine whether they have moved or gravitated into a Third Party or Third Party Advertiser (s) site, as to which OPTURO has no responsibility.

It would, therefore, behoove, all users to be constantly aware and cognizant of the need to exercise caution, good and practical sense, prudence, and admirably sound judgment while navigating through the OPTURO Website. Any information or material placed on this Website or transmitted to or through the ‘Website’ is fundamentally, the sole responsibility of the User. In pursuance thereof, the User voluntarily agrees, represents and warrants that any information placed on or transmitted to or through the site, is factual, accurate, truthful, not intended to mislead and intrinsically offered in good faith and is also an acknowledgement that the User has the right to post or transmit such information. In essence, therefore, any such information, including and without any limitation, all data, text, software, graphics or any other material, whatsoever, whether publicly placed on or posted or transmitted, is fundamentally, the sole and exclusive responsibility of the ‘User’.

Thus, any tools and/or services provided by OPTURO Inc. and/or its subsidiaries through (the public pages of) this Website (the ‘Services’) are offered, conditioned upon your acceptance without modification of these Terms of Use. By using this Website or any Services, you agree to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, you may not use this Website or any Services offered or provided through this Website.  

OPTURO, Inc. may change these Terms of Use from time to time without notice. You should, therefore, review these Terms of Use, each time you use this Website or a Service to make sure that you agree to them. By using this Website or Services or engaging in any of the activities described in these Terms of Use after changes have been made to these Terms of Use, you are agreeing to accept the same and comply with those changes, without any recourse whatsoever.

 

LIMITATION OF LIABILITY

In accessing (the public pages of) this Website or by receiving any services, you agree to waive all claims against OPTURO, Inc. and all third party content providers, regarding the information provided on and/or received through this Website and as a result of using the services and any use of such information, so obtained. You also agree that, under no circumstances shall OPTURO, Inc. or any other party involved in creating, producing, or delivering (the public pages of) this Website or its contents or its services, be liable to you for any damages, including, but not limited to, any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, business interruption, use, data, equipment or other intangible losses (even if OPTURO, Inc. has been advised of the possibility of such damages) that result from:

  • The use of or inability to use this site or any of its services.
  • The consequences of any decision made or action or non-action taken by you or by anyone to whom you communicate such information, or for any errors by you in communicating such information.
  • The cost of substitute goods or services, or
  • Any other matter relating to the content, services, or distribution of services through this Website, OPTURO, Inc. shall not be liable for damage or injury to persons or property arising from any use of any product, information, procedure, or service obtained through this Website.

 

OPTURO’s entire liability and your exclusive remedy for any dispute or claim related to these terms of use, the site, any services, or the privacy policy is your cessation of the use of this site and any and all services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to that permitted by law.

OPTURO, Inc. does not, cannot, and will not assume any liability for unauthorized or fraudulent use of this Website and any services.

 

INDEMNIFICATION

You agree to indemnify and hold OPTURO, Inc. and all other content providers which provide content for (the public pages of) this Website or the services (either through links or otherwise), harmless from any loss, including reasonable attorneys' fees related to any claim or made by any third party relating to the content you submit, post to or transmit through this Website, your use of the Website or the services, your connection to the Website, your violation of these terms of use, or any harm you cause another user.

 

DISCLAIMERS AND WARRANTIES

All materials on (the public pages of) the OPTURO, Inc. Website, are provided ‘as is’ to the fullest extent permitted by law and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose or the warranty of non-infringement. Neither OPTURO, Inc. nor the OPTURO Website and its content providers, warrant that the tasks, functions or functionality contained or inherent in the materials or the files available for downloading and any service, will be uninterrupted or error-free, that the defects will be corrected or that this site or the server, making it available, are free of viruses, worms, Trojan Horses or other code with contaminating, destructive or other harmful components.

Further, OPTURO, Inc. does not also make any representations or warranties, regarding the use or the results of the use of the materials on (the public pages of) this Website, in terms of their correctness, accuracy, reliability or otherwise. If applicable law in some states or jurisdictions does not allow the exclusion of implied warranties or mandate how long an implied warranty may last, the foregoing exclusion may not apply to all concerned.

Some content on this site or the services may be provided by third party content providers and users, rendering OPTURO, Inc. only a distributor and not a publisher of such content, with no control whatsoever, over such content.  Any opinions, advice, statements, services, offers, or other information given or provided by third parties (including merchants and licensors) are those of the respective authors of such content and not of OPTURO, Inc.

Although, OPTURO, Inc. uses reasonable efforts to provide accurate and up-to-date information through this Website, OPTURO, Inc. and the content providers make no warranties or representations as to the accuracy, reliability, or comprehensiveness of content on this Website and any service.

You hereby agree to release and hold harmless OPTURO, Inc. from any and all claims, losses, expenses, or damages relating to any disclaimed warranty described, heretofore.

The information provided in any service or in this Website is not financial or legal advice. OTURO, Inc. makes no representation regarding the accuracy or importance of any services or information received via this Website and the services should not be relied upon for personal, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

 

SEVERABILITY

If a court determines that any Term of Use is illegal or unenforceable, then such term will be eliminated and the remaining Terms of Use will remain in force and effect.

 

ENTIRE AGREEMENT, JURISDICTION AND CHOICE OF LAW AND FORUM

These Terms of Use constitute the entire agreement with OPTURO Inc. regarding (the public webpages of) this Website and any Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and OPTURO, Inc. with respect to (the public webpages of) the Website or the Services. All contractual and other claims and matters arising out of or in connection with these Terms of Use or the Services, including without limitation formation, validity, interpretation, and effect, shall be governed by the substantive law of the State of Florida, USA, and applicable intellectual property law, without regard to conflicts of law principles (except as between those specific bodies of law).

Rev. 160512.1