OPEX Website Terms and Conditions of Use

 

Agreement between OPEX Corporation and you covering use of www.opex.com:

Welcome to www.opex.com. The www.opex.com website ("Site") is comprised of various web pages operated by OPEX Corporation ("OPEX"). “www.opex.com” is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein ("Terms"). Your use of www.opex.com constitutes your agreement to comply with all such Terms. Please read the Terms carefully, and keep a copy of them for your reference. The Site conveys information about OPEX’s products, services and markets. This Site also conveys industry-specific information and educational materials pertaining to the markets OPEX serves.

Privacy

Your use of www.opex.com is subject to OPEX's Website Data Privacy Protection Policy. Please review this Policy, which also governs this Site and informs users of our data collection practices.

Electronic Communications

Visiting www.opex.com or sending emails to OPEX constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

Certain services made available via www.opex.com are delivered by third-party sites and organizations. By using any product, service or functionality originating from the www.opex.com domain, you hereby acknowledge and consent that OPEX may share such information and data with any third-party with whom OPEX has a contractual relationship to provide the requested product, service or functionality on behalf of www.opex.com users and customers.

No Unlawful or Prohibited Use / Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.opex.com strictly in accordance with the Terms described herein. As a condition of your use of the Site, you warrant to OPEX that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of OPEX or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. OPEX content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of OPEX and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of OPEX or our licensors except as expressly authorized by these Terms.

International Users

This Site is controlled, operated and administered by OPEX from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use any Site content accessed through www.opex.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless OPEX, its officers, directors, employees, agents and third-parties, from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or any services offered on the Site, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations. OPEX reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OPEX in asserting any available defenses.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CONTENT AND INFORMATION CONTAINED ON THE SITE. OPEX AND / OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

OPEX AND / OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OPEX AND / OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPEX AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OPEX OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES / JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OPEX'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Termination / Access Restriction

OPEX reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and OPEX as a result of this agreement or use of the Site. OPEX's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OPEX's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by OPEX with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and OPEX with respect to the use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and OPEX with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

OPEX reserves the right, in its sole discretion, to change the Terms under which www.opex.com is offered. The most current version of the Terms will supersede all previous versions. OPEX encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

OPEX welcomes your questions or comments regarding the Terms:

OPEX Corporation
305 Commerce Drive
Moorestown, New Jersey 08057-4234
Email Address: info@opex.com
Telephone number: 856.727.1100

This Version 1.03 of the Terms effective as of August 24, 2012


 

Website Data Privacy Protection Policy

 

Protecting the security and privacy of your personal data is important to OPEX.  We conduct our business in compliance with applicable laws on data privacy protection and data security.  The information presented below is designed to help you understand what data OPEX may collect, how OPEX uses and safeguards that data and with whom it may be shared.

Personal Data

OPEX will not collect any personal data about you (e.g. your name, address, telephone number or e-mail address), unless you voluntarily choose to provide us with it (e.g. by registration, survey) or you provide your consent, or unless otherwise permitted by applicable laws and regulations.

Purpose of Use

When you provide us with personal data, we use it to respond to your inquiry, process your request, or provide you access to specific information.  To support our customer relationship with you, we may store and process your personal data to better understand your business needs and how we can improve our products and services. We (or a third party on our behalf) may use personal data to contact you about OPEX products and services, or to conduct surveys to better understand our customers' needs.  If you choose not to have your personal data used to support our customer relationship, we will respect your choice. We do not sell or otherwise market your personal data to third parties.

Purpose Limitation

OPEX will collect, use or disclose personal data supplied by you only for the purposes disclosed to you, unless the disclosure:
• Is a use of the personal data for an additional purpose that is directly related to the original purpose for which the personal data was collected;
• Is necessary to prepare, negotiate or perform a contract with you;
• Is required by law, or governmental or judicial authorities;
• Is necessary to establish or preserve a legal claim or defense; or
• Is necessary to prevent fraud or other illegal activities, such as willful attacks on OPEX information technology systems.

Communications or Utilization Data

Through your use of telecommunications services to access our website, your communications data (e.g. Internet protocol address) or utilization data (e.g. information on the beginning, end and extent of each access, and information on the telecommunications services you accessed) are technically generated and could conceivably relate to personal data. To the extent that there is a compelling necessity, the collection, processing and use of your communications or utilization data will occur and will be performed in accordance with the applicable data privacy protection legal framework.

Non-Personal Data Collected Automatically

When you access our website, we may automatically (i.e., not by registration) collect non-personal data (e.g. type of Internet browser and operating system used, domain name of the website from which you came, number of visits, average time spent on the site, pages viewed). We may use this data to monitor our website utilization and improve performance or content.

"Cookies:" Information Stored Automatically on Your Computer

When you view our website, we may store some data on your computer in the form of a "cookie" to automatically recognize your PC next time you visit. Cookies can help us in many ways. For example, cookies allow us to tailor your website visit to better match your interests. Cookies can also be utilized to store your password, saving you from having to re-enter it each time. If you do not wish to receive cookies, please configure your internet browser to erase all cookies from your computer's hard drive, block all cookies or to receive a warning before a cookie is stored.

Children

OPEX will not knowingly collect personal data from children without insisting that they seek prior parental consent if required by applicable law. We will only use or disclose personal data about a child to the extent permitted by law, to seek parental consent pursuant to local law and regulations, or to protect a child. The definition of "child" or "children" should take into account applicable laws as well as national and regional cultural customs.

Security

To protect your personal data against accidental or unlawful destruction, loss or alteration, and against unauthorized disclosure or access, OPEX uses technical and organizational security measures.

Links to Other Websites

The OPEX website may contain links to other websites. OPEX is not responsible for the privacy practices or the content of other websites.

WARNING: The website you are about to visit is a third-party site that is solely the responsibility of the merchant or other party providing the site. The content of this third-party site, including materials and information, is solely the responsibility of the provider of the site. OPEX Corporation is not responsible for any such third-party content.  Any transactions that you enter into with any vendor, merchant or other party that you access through this third-party site are solely between you and that vendor, merchant or other party.  OPEX Corporation does not endorse the content contained in this third-party site, nor the organization publishing the site, and hereby disclaims any responsibility for such content. The OPEX Corporation Privacy Policy does not apply to this third-party site, and for further information you should consult the privacy disclosures of this third-party site.

Questions and Comments

OPEX will respond to reasonable requests to review your personal data and to correct, amend or delete any inaccuracies. If you have any questions or comments about the OPEX Website Data Privacy Protection Policy (e.g. to review and update your personal data), please click on "Contact" and send us your questions and feedback. Our Website Data Privacy Protection Policy will evolve as the internet matures. We will post changes to the OPEX Website Data Privacy Protection Policy on this page. Please check this page regularly to keep up-to-date.

 

OPEX Partner Portal Access Agreement

 
Restrictions on General Right of Access

The OPEX® Partner Portal (“Partner Portal”) is a web-based resource offered to approved material handling consultants and integrators, and their authorized employees, by OPEX Corporation, 305 Commerce Drive, Moorestown, NJ 08057-4234 (“OPEX”).

You become an authorized user (“Authorized User”) of the Partner Portal by requesting, and subsequently being granted, approval by an authorized OPEX representative to access the Partner Portal. When you become an Authorized User, you consent to be bound by the terms of this Access Agreement each and every time you access the Partner Portal, and you further agree to be bound by OPEX Corporation’s Website Terms and Conditions of Use Policy (“OPEX Website Terms”) found on the OPEX website (www.opex.com).

As an Authorized User, you may be granted access to certain services, software tools, and sales and marketing content that OPEX makes available only to Authorized Users. To restrict unauthorized disclosure of information contained in the Partner Portal, you will receive unique login information from OPEX.

You may not reveal, share or otherwise allow others to use your Partner Portal password or login information. You agree that you are personally responsible for the use of your password and login information, and for all resulting unauthorized activities that occur using the Partner Portal as a result of the use of your login information and password.

You may not sell, rent, lease, charge or otherwise make available to any other person, company, business or organization of any kind your Partner Portal login information or password. Your right to access the Partner Portal is not transferable. You are responsible for the security of any computer system you use to access the Partner Portal.

All tools and materials in the Partner Portal are for the use of Authorized Users only. Information in the Partner Portal may not be shared with others except as expressly permitted by OPEX.  Any calculations, machine configuration data, or pricing contained in the Partner Portal are rough approximations meant to provide general guidance to OPEX’s Authorized Users. This information is not to be relied upon when preparing formal quotations or proposals for your clients or end users or prospective end users of OPEX equipment.


Ownership

All title, ownership rights and intellectual property rights in and to the Partner Portal are owned by OPEX Corporation. All rights are reserved except as expressly stated in this Access Agreement and in the OPEX Website Terms. The Partner Portal and all materials associated with the Partner Portal are protected by copyright laws, international copyright treaties, and conventions and other laws. The Partner Portal may also contain other licensed materials which the respective licensor(s) may choose to protect in the event of any violation of this Access Agreement.


Changes to Terms; Termination

OPEX reserves the right, in its sole discretion and without notice, to change the terms under which access to the Partner Portal is granted. The most current version of the Access Agreement will supersede all other versions. OPEX encourages you to periodically review the terms in order to stay informed of any updates thereto.

You may request that OPEX terminate your access to the Partner Portal at any time. Your right to access the Partner Portal shall also be terminated if you cease using the email address under which access was granted. Further, OPEX reserves the right, in its sole discretion, to terminate your access to the Partner Portal or the OPEX website, or any portion(s) thereof, at any time and without notice.