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OPDMS TERMS AND CONDITIONS OF USE
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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. OPDMS
operates this web site (the “Web Site”) as a service to its visitors subject to
these Terms (as defined below) and all modifications thereto, in addition to guidelines
that may be published from time to time by OPDMS. By entering and/or using this
and other web sites owned, operated or maintained by OPDMS or its affiliates, you,
the user, are deemed to have agreed to comply with and be bound by the following
terms and conditions of use (the “Terms”). OPDMS reserves the right to modify them
at any time, and without actual notice to you. All such changes to these Terms will
appear on the Web Site: http://www.OPDMS.com By entering and/or using this Web Site
following any modifications to the Terms, you agree to be bound by any such modifications
to the Terms. YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEB SITE IF, AT ANY TIME,
YOU DO NOT AGREE TO THESE TERMS. The operations, businesses, and properties described
in this publication are owned or operated by OPDMS Limited or by various affiliates
and subsidiaries of OPDMS Limited. The terms "OPDMS" "company," "we," "our," and
"its" when referring to these entities are used only for convenience and are not
intended to be an accurate description of ownership, operation or corporate/legal
relationships.
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WEB SITE SERVICES
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The Web Site is intended to provide information about OPDMS and its affiliates to
potential customers, business partners, investors, and employees. Such information
about OPDMS may include, without limitation, a description of its products and services,
financial performance, and potential employment opportunities.
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INTELLECTUAL PROPERTY RIGHTS
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As between OPDMS and you, OPDMS is the sole owner of all content on the Web Site
including, without limitation, all applicable U.S. and non-U.S. patents, trademarks,
copyrights (including, but not limited to, selections, collections, compilations,
and arrangements), and other intellectual property rights thereto. Except as otherwise
provided in these Terms, you may not download or save a copy of the Web Site or
any portion thereof, for any purpose. Subject to copyright notice and the trademark
use/link limitations contained in these Terms, you may, however, print a copy of
individual screens appearing as part of the Web Site solely for your personal, non-commercial,
or non-profit educational use or records, provided that any marks, logos, copyright
notices, or other legends that appear on the copied screens remain on, and are not
removed from the printed or stored images of any such screens. The designated agent
to receive notification of claimed infringement under Title II of the Digital Millennium
Copyright Act is at mailbox: michael.aaron@OPDMS.com
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RESTRICTIONS ON USE OF MATERIAL OR LINKING TO THIS SITE
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The content on this Web Site is intended for informational purposes only. These
web pages or any portions thereof may not be framed, reproduced or redistributed
for commercial gain or any other purpose. Except as expressly permitted, you may
not modify, copy, publish, display, transmit, adapt, create derivative works from,
or in any way exploit the content of the Web Site. Only if you obtain prior written
consent from us – and from all other entities with an interest in the relevant intellectual
property – may you publish, copy, display, or commercially exploit any material
from the Web Site. If permission is granted by us and by all other entities with
an interest in the relevant intellectual property, you may not change or delete
any author attribution, trademark, legend, or copyright notice. You must abide by
all additional copyright notices or other restrictions contained on the Web Site.
Moreover, any OPDMS, affiliate, or third party corporate names and logos may not
be altered or used without specific, prior written permission.
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DISCLAIMER OF WARRANTIES
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OPDMS provides the information on OPDMS web sites on an “as is” and “as available”
basis, without warranty of any kind, either express or implied. Without limitation
of the foregoing, OPDMS specifically disclaims any and all warranties, including,
but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness,
reliability, timeliness, or usefulness of the content of the web site; and (ii)
any warranties of title, warranty of non-infringement, warranties of merchantability
or fitness for a particular purpose, or warranties arising from a course of dealing,
usage or trade practice. This disclaimer of liability applies to any damages or
injuries occurring as a result of: (i) any error, omission, deletion, or defect
in the content, or (ii) any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus, communication
line failure, theft or destruction of record, unauthorized access to, alteration
of, or use of record, whether for breach of contract, tort, negligence, defamation,
or any other cause of action. OPDMS does not warrant or guarantee: (i) that any
portion of the web site will be free of infection by viruses, worms, trojan horses,
or anything else manifesting contaminating or destructive properties; or (ii) that
access to the web site will be uninterrupted or error-free.
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LIMITATION OF LIABILITY
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Under no circumstances, including, but not limited to, negligence, shall OPDMS be
liable to any party for: (i) any direct, indirect, special, punitive, incidental,
exemplary, consequential (including, but not limited to, damages for business interruption,
loss of business profits, loss of programs, or loss of information), or any other
damages arising in any way out of the availability, use, reliance on, or inability
to use the materials in this web site or any other OPDMS web site, even if OPDMS
or a OPDMS authorized representative has been advised of the possibility of such
damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies
in, or destructive properties of the web site. In no event shall OPDMS’ total liability
to you herein, for any claim or action arising from use of the web site (whether
in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing
this site. Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such states
or jurisdictions, OPDMS’ liability shall be limited to the fullest extent permitted
by law.
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THIRD PARTY LINKS
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You may be able to link to third parties’ web sites (“Linked Sites”) from the OPDMS
Web Site. Linked Sites are not, however, reviewed, controlled, or examined by OPDMS
in any way and OPDMS is not responsible for the content, availability, advertising,
products, or other materials of any such Linked Sites, or any additional links contained
therein. These links do not imply OPDMS’ endorsement of or association with the
Linked Sites. It is your sole responsibility to comply with the appropriate terms
of service of the Linked Sites as well as with any other obligation under copyright,
secrecy, defamation, decency, privacy, security, and export laws related to the
use of such Linked Sites and any content contained thereon. You should be aware
that the privacy policies at the Linked Sites will be different from the privacy
policy governing the OPDMS Web Site (see below). It is your sole responsibility
to read and adhere to the privacy policies of the Linked Sites. OPDMS shall not
be responsible for the use of any information that you may submit to the Linked
Sites. Further, in no event shall OPDMS be liable, directly or indirectly, to anyone
for any loss or damage arising from or occasioned by the creation or use of the
Linked Sites or the information or material accessed through these Linked Sites.
You should direct any concerns to the administrators or webmasters of these respective
Linked Sites. OPDMS reserves the exclusive right, at its sole discretion, to add,
change, decline, or remove, without notice, any feature or link to any of the Linked
Sites from the OPDMS Web Site and/or introduce different features or links to different
users.
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SUBMITTED MATERIALS
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Unless specifically requested, OPDMS does not solicit nor does it wish to receive
any confidential, secret or proprietary information or other material from you through
the Web Site, any of its services, by e-mail, or in any other way. By submitting
or sending information or other material to OPDMS you represent and warrant that
the information is original to you and that no other party has any rights to the
material. By submitting or sending information or other material to OPDMS you grant
OPDMS the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive
and fully sub-licensable right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display such material
(in whole or part) worldwide and/or to incorporate it in other works in any form,
media, or technology now known or later developed. You also warrant that any "moral
rights" in posted materials have been waived. You agree and acknowledge that by
using this Web Site, any and all communications and/or information transmitted by
you to or through the Web Site will not be treated as confidential or proprietary.
You agree to defend, indemnify and hold OPDMS and its directors, officers, employees,
agents and affiliates harmless from any and all claims, liabilities, costs and expenses,
including reasonable attorneys' fees, arising in any way from your use of the Web
Site or the placement or transmission of any message, content, information, software
or other materials through the Web Site by you.
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APPLICABLE LAWS / JURISDICTION
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By accessing or visiting our web sites, you expressly agree that the laws of New
York, excluding its conflicts-of-law rules, shall govern these Terms. Please note
that your use of the Web Site may be subject to other local, state, national, and
international laws. You expressly agree that exclusive jurisdiction and venue for
any claim, dispute, or cause of action with OPDMS, or relating in any way to the
Web Site or your use of the Web Site, reside in the courts located in the State
of New York. You further agree and expressly consent to the exercise of personal
jurisdiction in any State or Federal court sitting in the city, county and state
of New York in connection with any such dispute and including any claim involving
OPDMS or its affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers, and content providers. 9. By accessing or visiting
our web sites, you expressly waive any and all rights, including those related to
privacy, to the extent such rights are different and/or in conflict with those rights
protected by federal or New York laws. You are responsible for compliance with local
laws, if and to the extent local laws are applicable. 10. Except as specifically
noted above, no right or license is granted to you under any copyright, patent,
trademark or other intellectual property law to use, copy, reproduce, retransmit,
display or create derivative works from materials, logos and content contained within
this Web Site.
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FORWARD-LOOKING STATEMENTS
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Various pages on this web site contain certain forward-looking statements within
the meaning of Section 27A of the Securities Act of 1993, as amended, and Section
21E of the Securities Exchange Act of 1934, as amended, which are intended to be
covered by the safe harbors created thereby. Words such as "expects," "intends,"
"plans," "projects," "believes," "estimates," and similar expressions are used to
identify such forward-looking statements. In addition, certain presentations available
for viewing were created as of the dates indicated on such presentations and OPDMS
expressly disclaims any responsibility for updating such presentations. Forward-looking
statements relating to OPDMS' operations are based on management's expectations,
estimates and projections about OPDMS and the customer care and billing industry
in effect on the date the statements were made. These statements are not guarantees
of future performance and involve certain risks, uncertainties and assumptions that
are difficult to predict. Further, certain forward-looking statements are based
upon assumptions as to future events that may not prove to be accurate. Therefore,
actual outcomes and results may differ materially from what is expressed or forecast
in such forward-looking statements.
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OPDMS PRIVACY POLICY
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OPDMS is committed to honoring the privacy and security of visitors to web sites
owned and operated by OPDMS or its affiliates and have explained the steps we have
taken to do so. We urge you to read the following sections.
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PERSONALLY IDENTIFIABLE INFORMATION
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When you submit a request or electronically pass information to OPDMS (including,
but not limited to, comments, feedback, employment applications and resumes), you
are sometimes asked to provide certain information, including, but not limited to,
your name, title, company, address, phone and fax numbers, e-mail address and line
of business. We ask for this personally identifiable information in order to facilitate
your requests, provide personalized service and communicate separately with you.
Except as otherwise set forth herein, we do not sell, trade, or rent your personally
identifiable information with any third parties outside of OPDMS. 3. Because we
rely on third party commercial software and programs to operate our servers, we
may inadvertently collect personal information due to certain automatic functions
or features contained in such software or due to certain software changes or upgrades.
We will use reasonable efforts to remove any such information after we discover
such information in our system. If you know of any such unintended collections,
please notify us promptly so we can take the necessary action to remove such information
from our system.
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INTERNET PROTOCOL ADDRESS
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We may use your Internet Protocol address to help diagnose problems with our server
and to administer the Web Site. Your Internet Protocol address is used to help identify
you for the duration of a session and to gather broad demographic information.
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CLICKSTREAM DATA
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As you browse the Internet, a trail of electronic information is left at each web
site you visit. This information, which is sometimes called “clickstream” data,
can be collected and stored by a web site’s server. Clickstream data can tell us
the type of computer and browsing software you use, the address of the web site
from which you linked to the Web Site, and in some instances, your e-mail address.
We may use clickstream data to determine how much time visitors spend on each page
of the Web Site and how they navigate through the Web Site. [We will only use this
information to improve the Web Site. Any collection or use of clickstream data will
be anonymous and aggregate, and will not contain any personally identifiable information.
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CONSENT TO PROCESSING
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By providing any information to the Web Site, all users fully understand and unambiguously
consent to the collection and processing of such information.
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LEGAL DISCLOSURE; CIRCUMSTANCES OF DISCLOSURE
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Notwithstanding anything to the contrary herein, OPDMS shall, pursuant to valid
legal process, such as a search warrant, subpoena, or court order, allow access
to information, including personally identifiable information, provided to OPDMS
or the Web Site in order to comply with such process and to protect our rights and
property. If warranted, we may also allow access to this information in special
emergencies where physical safety is at risk. OPDMS reserves the right to disclose
any information obtained from or about you, including but not limited to personally
identifiable information, data obtained from internet protocol addresses and clickstream
data, to third parties in connection with a merger, acquisition, bankruptcy or sale
of all or substantially all of OPDMS' assets.
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LINKED SITES
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The Web Site may contain links to other sites. Other sites may also reference or
link to the Web Site. OPDMS is not responsible for the privacy practices or the
content of such other sites. See Section 6 (“Linking”) above in the Terms and Conditions
of Use.
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CHILDREN
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The Web Site is not directed nor targeted to children. OPDMS will not knowingly
collect information from children. Because our software does not automatically distinguish
visitors under 13 from other visitors, OPDMS requires users under 13 years of age
to obtain the consent of a parent, guardian, teacher, or librarian to view the Web
Site. If OPDMS learns that a child has provided personally identifiable information
to the Web Site, it will use reasonable efforts to remove such information from
its files.
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USER’S ACCEPTANCE OF THIS POLICY
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By visiting the Web Site, you signify your assent to the terms of OPDMS’ privacy
policy. If you do not agree with the terms of this privacy policy, please do not
use the Web Site. We reserve the right, at our sole discretion, to change, modify,
add, or remove portions from this privacy policy at any time. Your continued use
of the Web Site following the posting of changes to these terms means you accept
these changes. If you have any questions or comments regarding privacy issues on
the OPDMS Web Site, please use the following mailbox: info@OPDMS.com
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SECURITY
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We take security very seriously. However, due to the open communication nature of
the Internet, we cannot guarantee that communications between you and OPDMS, and
OPDMS and you, will be free from unauthorized access by third parties. Users of
the Web Site use the Web Site at their own risk.
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