The website(s) located at the domain opusconnect.com and any other websites of Opus Connect, its affiliates or agents, including the Opus Connect online platform website and the Opus Connect members-only website, (collectively, the “Website”) and the information available on or through the Website are copyrighted works belonging to and controlled by Opus Connect, Inc. (“Opus Connect,” “us,” “our,” “we”). Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These terms require the use of BINDING arbitration (Section 15) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT OPUS CONNECT’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 7.6 BELOW.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE AND SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
PLEASE NOTE THAT The Terms are subject to change by OPUS CONNECT in its sole discretion at any time. When changes are made, Opus Connect will make a new copy of the Terms available on the Website and any new supplemental terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, we will notify you through our Website or other means to give you the opportunity to review the changes before they become effective. In certain cases and as required under applicable law, Opus Connect may require you to provide consent to the updated Terms in a specified manner before further use of the Website and/or the Services is permitted. If you object to any changes, you may close out your online account and stop using our Website and Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1. Use of the Opus Connect Website and Services
- 1.1 Eligibility Requirements. The Website, the Services, and the information, features and content available on the Website and the Services (as these terms are defined herein) (collectively, the “Company Properties”) are not for use by anyone under age 16. To access and use the Company Properties: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one online Account (as defined below) per unique Service, which must be in your real name; and (3) you are not already restricted by Opus Connect from using the Company Properties. Creating an Account with false information is a violation of our Terms, including accounts registered on behalf of others or persons under the age of 16. “Minimum Age” means 16 years old. However, if law requires that you must be older in order for Opus Connect to lawfully provide the Services to you without parental consent (including using your personal data) then the Minimum Age is such older age.
- 1.2 License. The Company Properties are protected by copyright laws throughout the world. Subject to these Terms, Opus Connect grants you a non-transferable, non-exclusive, revocable, limited license to use and reproduce portions of the Company Properties for the sole purpose of using the Services for your own personal, noncommercial use or internal business purposes. Unless otherwise specified by Opus Connect in a separate license, your right to use any Company Properties is subject to the Terms.
- 1.3 Certain Restrictions. The rights granted to you in these Terms are subject to the restrictions set forth in the Acceptable Use Policy in Section 3.3 of these Terms. Unless otherwise indicated, any future release, update, or other addition to functionality of the Company Properties shall be subject to these Terms. All copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof. Any unauthorized use of Company Properties terminates the licenses granted by Opus Connect pursuant to the Terms.
- 1.4 Modification. Opus Connect reserves the right, at any time, to modify, suspend, or discontinue the Company Properties (in whole or in part) with or without notice to you. You agree that Opus Connect will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Company Properties or any part thereof.
- 1.5 No Support or Maintenance. You acknowledge and agree that Opus Connect will have no obligation to provide you with any support or maintenance in connection with the Company Properties.
- 1.6 Notices from Opus Connect. You agree that Opus Connect will provide notices and messages to you in the following ways: (1) within the Company Properties, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address).
- 1.7 Automated Processing. We will use the information and data that you provide and that we have about members and other users to make recommendations for connections to build your professional network and develop content and features that may be useful to you. Keeping your information accurate and up-to-date helps us to make these recommendations more accurate and relevant.
2. Online Accounts
- 2.1 Account Creation. In order to access or use certain features of the Company Properties, you may be required to register for an online account, such as through our Website, in order to apply for membership, register for an event, use the Platform, or gain access to Opus Connect’s members-only content (“Account”). During the registration process, we may ask you to provide certain information about yourself as prompted by the Account registration form. You represent and warrant that: (a) all registration information you submit is true, accurate, current and complete; and (b) you will maintain and update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Opus Connect has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Opus Connect has the right to suspend or terminate your Account and refuse any and all current or future use of Company Properties (or any portion thereof). Opus Connect may otherwise suspend or terminate your Account in accordance with Section 13. Opus Connect reserves the right to remove or reclaim any Account usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.
- 2.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to: (1) choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your Account; and (4) follow the law and these Terms, including our Acceptable Use Policy (Section 3.3). You agree to immediately notify Opus Connect of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. Opus Connect cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- 2.3 No Ownership in Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Opus Connect.