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Terms and Conditions

Introduction and Acceptance of Terms

Thank you for visiting opexanalytics.com (the “Website”). Opex Analytics, LLC, an Illinois limited liability company (“us,” “we,” or “Company”) owns and operates this Website and certain of the games and/or content included therein (collectively, the “Services” ). Your use of the Services is subject to the terms and conditions contained herein (as modified from time to time as provided below), our Privacy Policy, and, for certain services, any additional posted terms and conditions that apply to such services (collectively, the “Terms & Conditions” or “Agreement”).

By checking any acceptance boxes, clicking any acceptance buttons, registering anywhere on the Website, submitting any text or content or simply by making any use of the Services, you (a) accept the Terms & Conditions and agree to be bound by each of its terms, and (b) represent and warrant to Company that (i) you are at least thirteen (13) years of age and have the authority to enter into the Terms & Conditions (either on your own behalf or by having a parent or legal guardian agree to the terms set forth herein on your behalf), (ii) the Terms & Conditions are binding and enforceable against you, (iii) to the extent an individual is accepting the Terms & Conditions on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity, and (iv) you have read and understand Company’s Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the “Privacy Policy”), and agree to abide by the Privacy Policy.

By accessing or using the Services, you agree to the terms of the Terms & Conditions. If you do not agree to the Terms & Conditions, please exit this page and do not access or use the Services.

Purpose:

Company does not directly provide any products or services other than making the Services available. Company does not endorse or recommend the products or services of any particular company or individual. Company is not responsible for any User Contribution. Company shall not be required to review or monitor any User Contributions entered into or through the Services or otherwise posted by you, and you shall be solely responsible for the veracity and accuracy of all such data, content and information. Company is not your agent. Company shall not be liable in any way for the condition of any product, the performance of any service or any other action taken by any third party. You agree that Company shall not be liable for any damages or costs of any type arising out of or in any way connected with any relationship initiated or any information learned through any of the Company’s services. You are solely responsible for independently verifying the background, reputation, mission statement, and credit-worthiness of those parties with whom you enter into, or with whom you prospectively will enter into, a transaction or engagement.

Further to your release above, in the event of any controversy or dispute regarding any transaction or engagement conducted in connection with use of the Services (a “Dispute”), you hereby release Company, its affiliates and subsidiaries, and their respective directors, managers, officers, employees, agents, equity holders, successors and assigns (the “Released Parties”), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys’ fees, which you may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute. If you are a California resident, you hereby waive your rights under Section 1542 of the California Civil Code, 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.”

Company expressly reserves the right to discontinue, suspend, or terminate the offering of one or all of its services at any time

Changes to Terms & Conditions

Occasionally, we may revise the Terms & Conditions. If we make any changes, we will use commercially reasonable efforts to notify you by means of a notice posted within the Services prior to the change becoming effective. However, regardless of whether or not any such notice has been provided, your continued use of the Services after any such change to the Terms & Conditions shall constitute your acceptance of the terms of the revised Terms & Conditions.

Age Restriction

The Services are only available for individuals aged thirteen (13) years or older.

Trademarks

The trademarks, service marks, brand identities, characters, trade names, graphic designs, copyrights and other properties appearing within the Services (the “Marks”) are protected intellectual properties and are either owned by us or are being used by us with permission. You may not use the Marks without our prior written permission.

Ownership of Services and Content

The Services, their content, features, and functionality, including, without limitation, all text, images, displays, video, audio, software, and the design, selection and arrangement thereof, are owned by us, our licensors, or other providers of such materials and are protected by copyright, trademark, and other intellectual property rights and laws. You may use the Services for your personal, non-commercial use only. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services.

Except as expressly provided above, we do not grant you any right, title, or interest in or to any of our or our licensors’ Marks or other proprietary rights. We reserve all rights not expressly granted in the Terms & Conditions.

Reliance on Information Posted

The information presented on the Services is made available solely for general information purposes. We do not warrant the accuracy or completeness of any content and no content is intended to serve as advice. Any reliance upon the material on the Services shall be at your own risk.

User Contributions

The Services may contain forums or features that allow users to: submit comments; send e-mails and other such communications; take certain actions in connection with playing games made available through the Services; submit questions, ideas and other information for publication and distribution; and/or post, submit, publish, display, or transmit content to other users or persons on or through the Services (collectively,“User Contributions.” )

A. General. Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing a User Contribution, you: (i) grant us and our affiliates and service providers, and each of our and their respective licensees, successors and assigns the right to use, modify, copy, reproduce, publish, distribute, publically perform or display, adapt, translate, create derivative works, archive, store, upload, share, post, sublicense, or otherwise make available, any such User Contribution in any form and through any media of any kind now known or later developed, for any purpose; and (ii) irrevocably waive and assign to us any and all moral rights you may have in or with respect to any and all User Contributions you post to the Services. Without limiting the foregoing, we shall be entitled to use any User Contribution for any commercial or other purpose whatsoever, without compensation or attribution, and we shall not be liable for future use of the User Contribution or something substantially similar to the User Contribution in our advertising, products or the like.

B. Responsibilities with respect to User Contributions. By submitting a User Contribution, you represent and warrant that such User Contribution does and will comply with these Terms & Conditions. You are solely responsible for any User Contribution you submit or contribute, and you have full responsibility for such content, including its legality, reliability or accuracy. We assume no responsibility for monitoring User Contributions and have no obligation to review User Contributions. In addition, we do not guaranty the accuracy, integrity, or quality of any User Contribution. All statements and/or opinions expressed in such content are solely the opinions and responsibilities of the person or entity proving such content. You acknowledge that once a message, content or any User Contribution is submitted or posted through the Services, you may not be able to withdraw or delete it.

C. Content Standards. Without limiting the generality of any other provisions of these Terms & Conditions, you may not post, upload, or transmit any User Contribution that:

Restrictions

You may use the Services only for lawful purposes and in accordance with the Terms & Conditions. Without limiting the generality of any other provisions of the Terms & Conditions, you may not:

Registration and Account Security

We may, from time to time, allow users to register to access certain features of the Services. In such event, you may be asked to provide certain registration details. If you register, you agree to provide us with accurate and complete information, and to inform us immediately of any changes to such information. You may not select or use a false name or an e-mail address owned or controlled by another person with the intent to impersonate that person. We reserve the right to refuse registration of, or disable a user name or password, for any reason in our sole discretion. If you choose or are provided with, a user name and password, you must treat such information as confidential. You are fully responsible for all activities that occur under your user name and password, whether or not you authorize such activities. You shall immediately notify us of any unauthorized use of your account.

Fees

Company does not currently charge its users to access and use the Services, however Company (i) may charge fees to its merchant and/or business customers pursuant to separate agreements or arrangements with such parties, and (ii) may, at any point and in its discretion, elect to begin charging fees to end users for use of various portions of the Services and/or for different levels of subscription or account.

Changes to Services

We reserve the right to change or discontinue any aspect or feature of our services or the Services, including, but not limited to, content, hours of availability, transmission speed, and requirements for access or use.

Enforcement and Termination

We have the right to:

Notwithstanding the foregoing, Company shall not be required to review or monitor any User Contributions entered into or through the Services or otherwise posted by you, and you shall be solely responsible for the veracity and accuracy of all such data, content and information. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on the Services.

Links to Other Websites

The Services may contain links to third-party websites. We are not responsible for the content, accuracy or function of such websites. The inclusion of any link to other websites does not imply endorsement by us. Your use of third-party websites is at your own risk

Linking to Our Services

You may link to the Services, provided that (i) you do so in a way that is legal, fair and does not damage our reputation; and (ii) the website from which you are linking complies in all respects with the Content Standards found in Section 8, above. You may not establish a link in a way that suggests any association, approval or endorsement on our part. We reserve the right to withdraw linking permission and disable any links at any time.

Disclaimers

A. No Warranties. as explicitly set forth herein, neither Company, its affiliates or any of any such party’s equity holders, directors, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either expressed or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) that the Services will be error-free, (c) as to a minimum level of uptime for the Services, or (d) as to the results that may be obtained by you by entering into the Terms & Conditions and/or using the Services. You agree and acknowledge that the Services are licensed and/or provided hereunder on an “as is” basis. In addition, you hereby agree and acknowledge that: (i) Company shall not be responsible for any actions taken by any other party using the Services or reviewing any User Contribution; (ii) Company does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such third party; (iii) Company is not responsible for any other party’s compliance with applicable laws, rules, or regulations; (iv) Company’s services are administrative in nature and Company is not responsible for verifying the accuracy or veracity of any User Contribution; (v) Company shall not, under any set of circumstances, be responsible or liable for an content, text, photographs and/or other User Contribution, including any User Contribution which may violate applicable law and/or a third party’s intellectual property rights; and (vi) the Services may not function properly or as intended at times.

B. Unavailability of Services. You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet and the Services. While it is Company’s objective to make the Services accessible at all times, the Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Services may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of Company, access to the Services may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Company shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you.

YOU AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE SERVICES.

Limitation of Liability

COMPANY SHALL NOT, UNDER ANY SET OF CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNATIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. IN ANY EVENT, COMPANY’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING HEREUNDER OR RELATED HERETO SHALL NOT EXCEED $50. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW FOR SUCH LIMITATION OF LIABIITY, THE FOREGOING LIMITATION IN THIS SECTION 17 SHALL NOT BE APPLICABLE TO YOU.

Force Majeure

Company shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.

Indemnification

You agree to defend, indemnify, and hold us and our officers, shareholders, directors, employees and agents harmless from and against any demands, loss, liability, claims, or expenses (including reasonable attorneys’ fees), made against us by any third party due to, arising out of, or related to (i) your access to the Services, (ii) your use of the Services, (iii) any User Contribution posted, uploaded or transmitted by you or any third party using your account or user name, (iv) your use or distribution of any User Contribution, (v) your violation of these Terms & Conditions, (vi) any use of your account or user name by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or user name, of any intellectual property or other right of any person.

Entire Agreement; Successors and Assigns

The Terms & Conditions represent the entire agreement between you and us with respect to the subject matter addressed herein and supersede all prior to contemporaneous agreements or understandings, written or oral. The Terms & Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.

Waiver and Severability

Any failure by us to enforce or exercise any provision of these Terms & Conditions shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.

Governing Law, International Use

We operate the Services from the Company’s office in Illinois. These Terms & Conditions will be governed by and construed in accordance with the internal laws of the State of Illinois, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Cook County, Illinois, and waive any objection to such jurisdiction or venue.

Although the Services may be accessible worldwide, we make no representation that materials on the Services are appropriate or available for use in locations outside the United States, and accessing the Services from territories where its use is illegal is prohibited.

Digital Millennium Copyright Act

If you believe any User Contribution or any other aspect of the Services infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address below. Your notice must meet the requirements of the Digital Millennium Copyright Act by providing the following information:

The name and address of our designated copyright agent for notice of claims of copyright infringement on the Services is as follows

By mail

Sara Hoormann
c/o Opex Analytics
500 Davis Street
Evanston, IL 60201

By phone

(312) 613-8008

By e-mail

sara.hoormann@opexanalytics.com