Site License and Access
By accessing this OpenPath, Inc. (“OpenPath”) website and portals (the “Site,”) you agree that your access to, and use of the Site will be subject to the conditions set forth in this legal notice and all applicable laws. If you do not agree and accept, without limitation or qualification, these terms, please exit the Site.
This Site and all of its content, including, but not limited to, all text, graphics, logos, button icons, images, software, and the presentation contained herein, belongs to OpenPath. The design and layout of this Site (the look and feel of the Site) is the exclusive property of OpenPath and may not be used, copied, distributed or displayed in any way. All trademarks, logos, or service marks, whether registered or unregistered, are proprietary to OpenPath. This Site may contain proprietary notices and copyright information, the terms of which must be observed and followed. OpenPath makes no representation that materials, products or services depicted in the site are appropriate or available in all locations.
OpenPath grants you a limited license to make personal use of the Site. Except as noted, you are not conveyed any right or license by implication, estoppel, or otherwise, to use, reproduce, transmit, perform, publish, license, modify, rewrite, create derivative works from, transfer or sell any of the content or information contained within this Site, including but not limited to, any of OpenPath’s intellectual property.
Your limited license to use does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative use of the Site and its contents; and (d) use of any data mining, robots, or similar data gathering and extraction methods. You may not use, frame, or utilize framing techniques to enclose any OpenPath trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without OpenPath express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing any OpenPath’s name, trademarks, or product names without OpenPath’s express written consent.
No images on this site may be used without first seeking OpenPath’s express permission to obtain high resolution formats. To request permission to use OpenPath’s intellectual property, Contact US to execute the appropriate permission request forms. OpenPath reserves the right to refuse any permission request for any reason.
Any unauthorized use of this Site will terminate the limited license and/or rights granted herein. Unauthorized uses of OpenPath’s intellectual property may violate applicable laws including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law, including the seeking of criminal prosecution when warranted.
Changes / Accuracy of Information
Information may be changed or updated without notice. OpenPath may also make improvements and/or changes in the products, services and/or programs described in this information at any time without notice.
OpenPath assumes no responsibility regarding the accuracy of the information that is provided by this Site and use of such information is at the recipient’s own risk. Information on this Site may contain technical inaccuracies or typographical errors and may not be complete. Prices and availability are subject to change without notice. OpenPath apologizes for any inconvenience. Reference should be made to the program documents for each fleet for precise terms and conditions.
OpenPath has made every effort to ensure that the colors of the images on its Site are depicted as accurately as possible. However, as monitors and other user equipment vary, OpenPath cannot guarantee that your monitor’s display of color will be accurate.
Information OpenPath publishes on the World Wide Web may contain references or cross references to OpenPath’s products, programs and services that are not announced or available in your country. Such references do not imply that OpenPath intends to announce such products, programs or services in your country. Consult your local OpenPath’s business contact for information regarding the products, programs and services that may be available to you.
OpenPath’s obligations with respect to its products and services are governed solely by the agreements under which they are provided, If you obtain a product or service from OpenPath off this Site that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
OpenPath makes no representations whatsoever about any other site which you may access through this one. When you access a non-OpenPath Web site, even one that may contain the OpenPath’s logo, please understand that it is independent from OpenPath, and that OpenPath has no control over the content on that Web site. In addition, a link to a non-OpenPath Web site does not mean that OpenPath endorses or accepts any responsibility for the content, privacy policies, security or the use of such a Web site. It is up to you to take precautions to ensure that your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Disclaimer of Warranties
All information is provided by OpenPath on an “AS-IS” basis only. OpenPath provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability and noninfringement.
Exclusion of Liability
Your use of the site and any of its content or features is at your own risk. In no event will OpenPath nor any of its subsidiaries, affiliates, officers, directors, agents, contractors, representatives, employees, successors, or assigns, or any other party involved in creating, producing, or delivering this site, be liable to any party for any direct, indirect, punitive, incidental, special or other consequential damages for any use of this Web site or content, or on any other hyper-linked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling systems or otherwise, even if we are expressly advised of the possibility of such damages. Because some states do not allow the limitation or exclusion of liability for consequential or incidental damages, the above limitation may not apply to you.
Law and Jurisdiction
This Legal Statement and your use of the Site are governed by the laws of the State of California without regard to its choice of law provisions. The courts of general jurisdiction located within California shall have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Legal Statement and/or the Site or in which this Legal Statement and/or the Site are a material fact.
This Legal Statement may not be modified except in writing. If any of these terms shall be deemed unlawful, void, or for any reason unenforceable, that provision shall be severed from these terms and shall not affect the validity and enforceability of t