TERMS OF SERVICE

Last Updated: Feb 15, 2016 10:23AM EST


oppimi.org Terms of Service

Welcome to oppimi.com, which is owned and operated by Oppimi, Inc. of Montreal. By using the oppimi.org web site and the features and services available through oppimi.org (“Download”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”), so please read them carefully. If you have any questions, please contact us at support@oppimi.org.

Account Terms


1. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

2. You must provide a valid email address, and any other information requested in order to complete the signup process.

3. Your login, and any user login, may only be used by one person.  A single login shared by multiple people is not permitted. A Subscriber may create separate logins for as many people as the Subscriber’s plan allows.

4. You are responsible for maintaining the security of your account and password. Oppimi cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

7. Any account may be terminated at any time at the sole discretion of Oppimi.  Possible reasons for termination include, but are not limited to, distribution of unsolicited email or other messages (spam); distribution of worms, viruses, or any code of destructive nature, use of unlicensed copywrited materials, lack of use, or excessive load due to file distribution.

Privacy Policy


Oppimi collects the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and information volunteered by the consumer (such as survey information and/or site registrations). The information we collect is not shared with or sold to other organizations for commercial purposes, except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:

It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of these Terms of Service, or as otherwise required by law.

We transfer information about you if Oppimi is acquired by or merged with another company. In this event, Oppimi will notify you before information about you is transferred and becomes subject to a different privacy policy.

INFORMATION GATHERING AND USAGE

When you register for Oppimi we ask for information such as your name, surname name, email address, age.

Oppimi uses collected information for the following general purposes: products and services provision, identification and authentication, services improvement, customer support, notifications of changes and new features, and research.

COOKIES

A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site’s computers and stored on your computer’s hard drive.

Cookies are required to use the Oppimi service.

We use cookies to record current session information, but do not use permanent cookies. You are required to log-in to Oppimi after a certain period of time has elapsed to protect you against others accidentally accessing your account contents.

DATA STORAGE

Oppimi uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Oppimi.  Although Oppimi owns the code, databases, and all rights to the Oppimi application, you retain all rights to your data.

DISCLOSURE

Oppimi may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate these Terms of Service.

Other Terms


1. Use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

2. You understand that Oppimi uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Oppimi, or any other Oppimi service.

4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Oppimi.

5. Oppimi may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Oppimi customer, employee, member, or officer will result in immediate account termination.

7. You understand that the technical processing and transmission of the Service, including Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8. Oppimi does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained through the service will meet your expectations, and (v) any errors in the Service will be corrected.

9. You expressly understand and agree that Oppimi shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Oppimi has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of User’s transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

10. The failure of Oppimi to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between User and Oppimi and govern User’s use of the Service, superceding any prior agreements between you and Oppimi (including, but not limited to, any prior versions of the Terms of Service).

11. You agree to indemnify, hold harmless, and defend the Oppimi, its officers, directors, employers, agents, suppliers, licensors, and third party information providers, or other related parties from and against all losses, damages, costs, and attorney’s fees (“Claims”) resulting from violation of these Terms or any action, whether intentional, malicious, inadvertent, wrongful or negligent, related to your account, your use of the Services or any other person or persons who uses your account. Oppimi does NOT indemnify you against such Claims made against you by others as a result of your use of the Services.

12. You expressly agrees that Oppimi shall have no liability or obligation, whether arising from contract, tort, warranty, or otherwise, for any loss of revenue, profit, data, use of money, use of time, or for any incidental, consequential, special, or indirect damages, foreseen, foreseeable, unforeseeable, or otherwise, arising from your use of the Services, to the extent allowed by law. This limitation applies to all claims or causes of action including but not limited to those arising from Service availability, your access and use of third party services, content or software, or any other matter relating to the Services.

13. You agree that if any term in this Agreement is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.

14. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of Canada. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this Agreement must be brought in a state or regional court. Each of the parties hereby irrevocably consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.

15. You agree that the only way to waive rights under these Terms is explicitly and in writing. Any failure to enforce any right under this agreement will not waive that right.

16.  You agree that the agreement under these Terms shall remain in effect for as long as Customer subscribes to, renews, or uses the Services. You agree that this agreement can only be terminated by you after you have stopped using the Services owed to Oppimi. You agree that Oppimi can terminate this agreement at any time with or without cause, if Oppimi has reason to believe that you are violating the Terms in any way, or if the Service is permanently discontinued. Each renewal of Services shall again be subject to these or modified Terms in effect at the time of renewal.

17.  All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties’ signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. Oppimi only may give written notice to User via electronic mail to the User’s electronic mail address as maintained in the User’s records.

18. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

19. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, Terms or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, User acknowledges and agrees that any supplier of third-party product or service that is identified as a third-party beneficiary in the Services, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against User as if it were a party to this Agreement.

20. User may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside Canada in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by Canada.

21. Questions about these Terms of Service should be sent to info@oppimi.org