Terms of Use
TERMS OF USE
Operator.
This website is defined as the network of web pages or the website that is located at www.opsus.com (“Website”) and owned and operated by Office Paper Systems, Inc., which is also referred to in these terms as “we” or “us”.
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY. BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. THE WEBSITE AND THESE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE WEBSITE AFTER THE POSTING OF ANY AMENDMENTS OR MODIFICATIONS TO THESE TERMS OF USE CONSTITUTES YOUR ACKNOWLEDGMENT OF SUCH AMENDMENTS AND MODIFICATIONS AND YOUR AGREEMENT TO ABIDE, AND BE BOUND, BY THESE TERMS OF USE AS SO AMENDED AND MODIFIED. IF YOU DO NOT ACCEPT THESE TERMS OF USE AS THEY EXIST ON THE DATE OF YOUR USE OF THE WEBSITE, YOU SHOULD NOT USE THE WEBSITE.
Availability.
We use reasonable efforts to make this Website available 24 hours a day and seven days a week; however, there will be instances when the Website will be interrupted for maintenance, upgrades or emergency repairs and due to other reasons that are beyond our control, including failure of telecommunications lines, links and equipment. Accordingly, we have no responsibility to you to make the Website available and will not in any way be liable or responsible to you for any such modification, suspension or disruption of the Website.
Conduct.
You agree that you shall not (i) interfere or disrupt (or attempt to interfere or disrupt) the Website or servers or networks hosting or connected to the Website, or to disobey any requirements, procedures, policies or regulations of networks connected to this Website; (ii) attempt to resell the Website or any portion of the same; or (iii) create a link to, or otherwise link over from your website or web page, to this Website without our prior written consent.
Trademarks and Website Materials.
The name “Office Paper Systems, Inc.” is our trademark in the United States and other countries. All other company names, logos, and trademarks mentioned herein are the property of their respective owners.
The materials contained on this Website (such materials include, but are not limited to, the design, layout, artwork and other elements of the Website and any text, audio, video, logo, information, data, software, documentation, services or any other materials contained on this website) are owned by us and are protected by copyright and trademark law, international treaties, and other intellectual property rights. You may view, download, print, and copy materials on this Website for your own personal, informational, non-commercial use, provided that (i) you do not modify the materials, (ii) any copies that you make are marked “Copyright Office Paper Systems, Inc. All rights reserved”; and (iii) you retain all copyright and propriety notices originally contained in the materials on any copies. You may not use, reproduce, display, post, transmit, or distribute any materials contained on this Website for any commercial purpose.
Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use our name, logos, trademarks or other intellectual property displayed on this Website except as expressly provided herein or by obtaining our written permission or the written permission of such other third party owner, as applicable. You acknowledge that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
Third-Party Links.
This Website may provide links to third-party websites. Any such links are provided solely as a convenience to you. We have no control over these websites or their content and do not assume any responsibility or liability for these websites. We do not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Website, you do so at your own risk.
Third-Party Materials on the Website.
This Website may contain materials submitted by third-parties. Any such materials are provided solely as a convenience to you. We have not tested or evaluated these materials and do not endorse or make any representations about these materials or your use thereof. If you use any of the third-party materials, you do so at your own risk. In no event shall we be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.
Unauthorized Material on the Website.
A possibility exists that this Website could include inaccuracies or errors and that unauthorized additions, deletions and alterations could be made to the Website by unauthorized third-parties. Although we attempt to ensure the integrity of the Website, we make no guarantees whatsoever as to the completeness, correctness or accuracy of the Website. If the event that such an inaccuracy arises, please inform us so that it may be corrected.
User Submission.
Other than your personally identifiable information (which is defined, and will be treated, as discussed in the Privacy Policy), any material or information that you transmit or post to this Website will be treated as non-confidential. You agree that we are free to use and distribute such material with no restrictions.
Privacy.
When you request a quote at Request a Quote or contact us at Contact Us, you will be asked to provide us with certain personally identifiable information, including your name, e-mail address and telephone number, so that we may (i) send you a quote for services or call you with a quote and, (ii) if you choose to hire us by accepting the quote, contact you for payment and other information to confirm pre-qualification for our performance of the job requested.
Please review our Privacy Policy located at “Privacy Policy” for more information about how we use your personally identifiable information. The terms of the Privacy Policy are incorporated into, and considered part of, these Terms of Use.
Quote for Services and Terms of Services.
NOTE THAT THE QUOTE THAT WE PROVIDE TO YOU FOR SERVICES WILL BE SUBJECT TO CHANGE IF THE INFORMATION THAT YOU HAVE PROVIDED TO US WHEN YOU REQUESTED THE QUOTE WAS INCORRECT, INCOMPLETE OR LACKED INFORMATION EFFECTING OUR PERFORMANCE OF THE SERVICES, THE JOB SPECIFICATIONS AT THE TIME THAT WE PERFORM THE JOB ARE IN ANY WAY DIFFERENT THAN AS YOU STATED TO US AT THE TIME THAT YOU REQUESTED THE QUOTE OR OTHER EVENTS OCCUR DURING OUR PERFORMANCE OF THE SERVICES THAT WERE BEYOND OUR CONTROL. IN OTHER WORDS, THE TOTAL ESTIMATED COST OF THE SERVICES IN ANY QUOTE THAT WE PROVIDE TO YOU WILL BE BASED ON THE INFORMATION THAT YOU PROVIDE TO US WHEN YOU REQUEST THE QUOTE FROM US, AND WE RESERVE THE RIGHT TO CHARGE FOR ADDITIONAL SERVICES NOT INCLUDED IN THE ORIGINAL REQUEST FOR QUOTE.
IN ADDITION, THE DATE AND TIME OF THE PERFORMANCE OF THE SERVICES MAY BE SUBJECT TO CHANGE BY US FOR ANY REASON AT ANY TIME PRIOR TO PERFORMANCE OF THE SERVICES.
Warranty Disclaimer.
THIS WEBSITE IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE WEBSITE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WEBSITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT.
Website Use Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT AND STRICT LIABILITY IN TORT)), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS OR LOST PROFITS IN CONNECTION WITH OR ENSUING FROM, OR ARISING OUT OF, (I) THE USE OR INABILITY TO USE THE PORTION OF THE WEBSITE, (II) ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATED TO THE WEBSITE OR INFORMATION PROVIDED THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITH RESPECT TO THE CLAIMS RELEASED PURSUANT TO THIS SECTION, YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ALL RIGHTS UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR OR COMPARABLE FEDERAL, STATE OR LOCAL LAW.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS DO NOT APPLY TO YOU. IN THIS RESPECT, THE MAXIMUM LIABILITY TO US FOR DAMAGES FOR ANY CLAIM ARISING FROM YOUR USE OF THE WEBSITE SHALL BE LIMITED TO FIFTY DOLLARS ($50.00).
International Use.
We make no representation that the Website will be available or appropriate for use in locations outside of the United States. Those who choose to access the Website from locations outside the United States do so at their own risk and are responsible for compliance with local laws and regulations. You are responsible for compliance with all United States export laws and regulations when you export any products, services, content or materials provided through the Website outside of the United States.
No Obligation to Perform Shredding Services Outside our Service Area.
The shredding services offered by us as described on this Website are available only in our designated Service area, which is the Washington Baltimore Metropolitan Area (our “Service Area”). IF YOU ARE LOCATED OUTSIDE OF OUR SERVICE AREA, WE HAVE NO OBLIGATION WHATSOEVER TO PROVIDE YOU WITH SHREDDING SERVICES OR A QUOTE FOR SHREDDING SERVICES IN RESPONSE TO YOUR REQUEST FOR THE SAME.
Governing Law and Jurisdiction.
These terms shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms or your use of the Website shall be filed only in the state courts located in Montgomery County in the State of Maryland or the federal courts located in Greenbelt in the State of Maryland, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of these terms or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Changes to Terms of Use.
These Terms of Use were last changed in March 2009. These Terms of Use may change without notice, and your use of the Website will be subject to the Terms of Use in effect at your time of use. Please check these Terms of Use each time that you visit the Website before using the Website.
