Please read these Terms of Service carefully before using our website.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Service:
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either “the Company,” “Opsess,” “We,” “Us,” or “Our” in these Terms) refers to Opsess, a trade name of Aidhu LLC, a Wyoming limited liability company, 30 N Gould St, STE R, Sheridan, WY 82801, USA.
- Country refers to: the United States of America.
- Device means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.
- Service refers to the Website.
- Terms of Service (also referred to as “Terms”) mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
- Website refers to Opsess, accessible from https://opsess.co.
- You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not access the Service.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Informational Purpose; No Professional Relationship
The Service is provided for general information and marketing purposes only. The content on the Website (including articles, frameworks, descriptions of our services, and any other materials) is general in nature and does not constitute revenue operations, business, legal, financial, tax, or other professional advice, and should not be relied upon as such.
Your use of the Service does not create any consultant-client, advisory, fiduciary, or other professional relationship between You and the Company. No such relationship is formed unless and until it is set out in a separate written agreement signed by both You and the Company.
You should not act, or refrain from acting, on the basis of any content on the Service without seeking appropriate professional advice specific to your situation.
Services and Separate Agreements
The Service describes services that the Company may offer, but nothing on the Service constitutes an offer, quotation, commitment, or guarantee to provide any service, or the terms on which any service would be provided.
Any engagement of the Company’s services is governed exclusively by a separate written agreement (such as a Master Service Agreement, Statement of Work, or engagement letter) executed between You and the Company. In the event of any conflict between these Terms and such a signed agreement, the signed agreement shall prevail with respect to that engagement.
Intellectual Property
The Service and its original content (excluding content provided by You or by third parties), features, and functionality are and will remain the exclusive property of the Company and its licensors. This includes, without limitation, the Opsess name, logo, brand assets, text, graphics, and design of the Website, which are protected by applicable intellectual property laws.
You may not copy, reproduce, republish, distribute, or create derivative works from any content on the Service without the Company’s prior written consent, except for personal, non-commercial reference use of publicly available materials.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You through the Service or 100 USD if You have not purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free, or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the State of Wyoming, United States, excluding its conflict-of-law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at hello@opsess.co.
If the dispute cannot be resolved informally, You agree that it shall be brought exclusively in the state or federal courts located in the State of Wyoming, United States, and You consent to the personal jurisdiction of those courts, except where prohibited by the mandatory law of your country of residence.
Class action waiver. To the maximum extent permitted by applicable law, You agree that any dispute will be brought solely in Your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. You waive any right to participate in a class action against the Company.
Jury trial waiver. To the maximum extent permitted by applicable law, each party waives any right to a trial by jury in any dispute arising out of or relating to these Terms or the Service.
These waivers do not apply where they are prohibited by the mandatory law of Your country of residence, and nothing in this section removes any non-waivable right You may have as a consumer under applicable law.
For European Union (EU) and United Kingdom Users
If You are a European Union or United Kingdom consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident. Nothing in these Terms affects Your rights as a consumer to rely on such mandatory provisions of local law.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
Contact Us
If You have any questions about these Terms, You can contact us:
Opsess (Aidhu LLC)
Email: hello@opsess.co
30 N Gould St, STE R, Sheridan, WY 82801, USA