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Terms and Conditions of Use for www.OPSdesign.com

www.OPSdesign.com is the property of Operations Design, Inc., hereafter referred to as OPS. OPS provides all information on this World Wide Web site (including the underlying HTML files that implement the hypertext features, hereinafter this "Site") exclusively under the following Terms and Conditions:

1. Ownership, Licence and Restrictions on Usage

1.A. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Site belongs to OPS. In addition, the names, images, pictures, logos and icons identifying OPS remain the exclusive property of OPS, all rights reserved. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights.
1.B. You are hereby granted a nonexclusive, nontransferable, limited license to view, [download,] reproduce, print, and distribute insignificant portions of materials retrieved from this Site provided:
 (a) the Site and its information are used only for personal, informational, and non-commercial purposes;
(b) you do not modify any of the materials; and
(c) you do not remove or obscure the copyright notice or other notices.
 Except as expressly provided above, no part of this Site, including but not limited to materials retrieved therefrom and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event shall materials from this Site be stored in any information storage and retrieval system without prior written permission of OPS.
1.C. Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in Federal Acquisition Regulations System (FARS), 48 C.F.R. 52.227-19 and Department of Defense Federal Acquisition Regulation System (DFARS), 48 C.F.R. 252.227-7013.

2. Users Grant of License

 By submitting information to OPS through this Site, you (1) grant OPS the rights to use, reproduce, download, print, display, adapt, modify and distribute the information in any form for any purpose, and (2) warrant and represent that you own or otherwise control all rights in and to the information and that use of the information by OPS will not infringe or violate the rights of any third party.

3. Linking

3.A. You may provide hot links to this Site provided
 (a) you do not remove or obscure by framing or otherwise, advertisements, the copyright notice or other notices on this Site,
(b) you give OPS notice of such link by sending an e-mail to webmaster@OPSdesign.com,
(c) you discontinue providing hot links to this site if requested to do so by OPS.
3.B. You are hereby granted a nonexclusive, nontransferable, limited license to view, [download,] reproduce, print, and distribute insignificant portions of materials retrieved from this Site provided:
 (a) the Site and its information are used only for personal, informational, and non-commercial purposes;
(b) you do not modify any of the materials; and
(c) you do not remove or obscure the copyright notice or other notices.

4. Disclaimers

4.A. This site is provided on an "as is," "as available" basis and OPS expressly disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. The technical information contained on this Site is provided to impart general industry knowledge and cannot be considered professional advice. While OPS makes every effort to present accurate and reliable information on the Site, OPS does not certify such information, nor does it guarantee the accuracy, completeness, or efficacy of such information. Use of such information is voluntary, and reliance on it should be undertaken only after an independent review of its accuracy completeness and efficacy.
4.B. OPS disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind, resulting from, arising out of or any way related to:
 (a) any errors in or omissions from this Site and its content, including but not limited to technical inaccuracies and typographical errors;
(b) any third party websites or content therein directly or indirectly accessed through hot links in this site, including but not limited to any errors in or omissions therefrom;
(c) the unavailability of this Site or any portion thereof;
(d) your use of or inability to use this Site; or
(e) equipment or software in connection with this site

5. Limitation of Liability

5.A. Under no circumstances shall OPS or any officer, director, employee, subcontractor, agent, successor, or assign of OPS be liable for any direct, indirect, punitive, incidental, special or consequential damages of any kind whatsoever (including without limitation, attorneys fees and lost profits) in any way due to, resulting from, or arising in connection with, this Site, including its content, regardless of whether such alleged liability is based on contract, tort, negligence or strict liability. In those jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, OPS liability in such jurisdictions shall be limited to the extent permitted by law.
5.B. Upon the request of OPS, you agree to defend, indemnify and hold harmless OPS and their officers, directors, employees, subcontractors, agents, successors, and assigns from all liabilities, claims, and expenses, including attorneys fees, that arise from your use or misuse of this site.

6. Trademark Notice

 Operations Design, Inc., OPS, OPSdesign, OPSdesign Consulting, the OPSdesign 3-dimensional cube, the OPSdesign logo, stylized lettering, and all related materials are trademarks of OPS. All rights reserved.

7. Governing Law; Jurisdiction

 These Terms and Conditions of Use shall be governed by, and construed in accordance with, the laws of the State of New Jersey, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the state or federal courts located in the State of New Jersey, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such disputes.

8. Entire Agreement; Severability of Agreement

 These Terms and Conditions of Site Usage incorporate by reference any notices contained on this site and constitute the entire agreement with respect to your access to, and use of, this Site. If any provision of these Terms and Conditions is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

9. Acceptance of Terms and Conditions of Use

 By using this Site, you signify your agreement to these Terms and Conditions of Use and any additional terms, conditions and notices contained or referenced herein. If these Terms and Conditions of Use are not acceptable in full and if you do not otherwise agree to them in their entirety, you must immediately terminate your use of this site.

10. Changes to Site and Terms and Conditions of Use

 This Site and these Terms and Conditions of Use may be changed by OPS with or without notice. Please review this page on a regular basis for any such changes. Continued use of the Site following any change constitutes your acceptance of the change.