Optevi Terms of Service for Your Personal Use:
Congratulations on being among the first to use Optevi! By using Optevi's search
engine or other Optevi services ("Optevi Services"), you agree to be bound by
the following terms and conditions (the "Terms of Service").
This is a pre-beta, non-public version. Do not disclose information about Optevi
to anyone, without prior authorization, before its public release.
The Public Bundles (a.k.a. protobundles) are meant only for demonstration purposes.
They are by no means definitive or complete. None have received official permission
from their respective authorities. They do not constitute an endorsement of Optevi.
We encourage you to create and share your own bundles.
The sites displayed as search results or linked to by Optevi Services are
developed by people over whom Optevi exercises no control. The search results
that appear from Optevi's indices are indexed by Optevi's automated machinery
and computers, and Optevi cannot and does not screen the sites before including
them in the indices from which such automated search results are gathered. A
search using Optevi Services may produce search results and links to sites that
some people find objectionable, inappropriate, or offensive. We cannot guarantee
that an Optevi search will not locate unintended or objectionable content and
assume no responsibility for the content of any site included in any search
results or otherwise linked to by the Optevi Services.
Personal Use Only
The Optevi Services are made available for your
personal, non-commercial use only. You may not use the Optevi Services to sell a
product or service, or to increase traffic to your Web site for commercial
reasons, such as advertising sales. You may not take the results from an Optevi
search and reformat and display them, or mirror the Optevi home page or results
pages on your Web site. You may not "meta-search" Optevi. If you want to make
commercial use of the Optevi Services, you must enter into an agreement with
Optevi to do so in advance. Please contact us for more information.
No Automated Querying
You may not send automated queries of any sort to
Optevi's system without express permission in advance from Optevi. Note that
"sending automated queries" includes, among other things:
- using any software which sends queries to Optevi to determine how a website or webpage
"ranks" on Optevi for various queries;
- "meta-searching" Optevi; and
- performing "offline" searches on Optevi.
Please do not write to Optevi to request permission to "meta-search" Optevi for a
research project, as such requests will not be granted.
Privacy Policy
Click here to review the Optevi Privacy Policy. Changes
In Terms and Conditions and Optevi Search Service
We may modify or
terminate our services from time to time, for any reason, and without notice,
including the right to terminate with or without notice, without liability to
you, any other user or any third party. We reserve the right to modify these
Terms of Service from time to time without notice. Please review these Terms of
Service from time to time so that you will be apprised of any
changes.
Disclaimer of Warranties
Optevi disclaims any and all
responsibility or liability for the accuracy, content, completeness, legality,
reliability, or operability or availability of information or material displayed
in the OPTEVI SERVICES results. Optevi disclaims any responsibility for the
deletion, failure to store, misdelivery, or untimely delivery of any information
or material. Optevi disclaims any responsibility for any harm resulting from
downloading or accessing any information or material on the Internet through the
OPTEVI SERVICES.
THE OPTEVI SERVICES, AND ALL MATERIALS, INFORMATION,
PRODUCTS AND SERVICES INCLUDED IN THE OPTEVI SERVICES ARE PROVIDED "AS IS," WITH
NO WARRANTIES WHATSOEVER. OPTEVI AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE
FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. OPTEVI AND ITS
LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE OPTEVI SERVICES. OPTEVI AND ITS LICENSORS
DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE
OPTEVI SERVICES. OPTEVI AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES
OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE OPTEVI SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED BY THE OPTEVI SERVICES, AS WELL AS FOR ANY
INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE OPTEVI
SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN
MATERIAL OR DATA THROUGH THE USE OF THE OPTEVI SERVICES AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO
HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO
JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL
OPTEVI OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR
MISUSE OF OR RELIANCE ON THE OPTEVI SERVICES. ARISING FROM ANY CLAIM RELATING TO
THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL
APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF OPTEVI
OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH
LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE
OF AND RELIANCE ON THE OPTEVI SERVICES, FROM INABILITY TO USE THE OPTEVI
SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE OPTEVI
SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION
SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON THE OPTEVI SERVICES OR RECEIVED THROUGH
ANY LINKS PROVIDED IN THE OPTEVI SERVICES, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE OPTEVI SERVICES OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE OPTEVI SERVICES. THIS LIMITATION
SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER
APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE OPTEVI SERVICES
OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN
ANY WAY TO, THE OPTEVI SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without
limiting the foregoing, under no circumstances shall Optevi or its licensors be
held liable for any delay or failure in performance resulting directly or
indirectly from acts of nature, forces, or causes beyond its reasonable control,
including, without limitation, Internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures, electrical power
failures, strikes, labor disputes, riots, insurrections, civil disturbances,
shortages of labor or materials, fires, floods, storms, explosions, acts of God,
war, governmental actions, orders of domestic or foreign courts or tribunals,
non-performance of third parties, or loss of or fluctuations in heat, light, or
air conditioning.
Miscellaneous Provisions
These Terms of Service
will be governed by and construed in accordance with the laws of the State of
California, without giving effect to its conflict of laws provisions or your
actual state or country of residence. If for any reason a court of competent
jurisdiction finds any provision or portion of the Terms of Service to be
unenforceable, the remainder of the Terms of Service will continue in full force
and effect.
These Terms of Service constitute the entire agreement
between the parties with respect to the subject matter hereof and supersedes and
replaces all prior or contemporaneous understandings or agreements, written or
oral, regarding such subject matter. Any waiver of any provision of the Terms of
Service will be effective only if in writing and signed by Optevi.
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