It would, therefore, behoove, all users to be constantly aware and cognizant of the need to exercise caution, good and practical sense, prudence, and admirably sound judgment while navigating through the OPTURO Website. Any information or material placed on this ‘Website’ or transmitted to or through the ‘Website’ is fundamentally, the sole responsibility of the ‘User’. In pursuance thereof, the ‘User’ voluntarily agrees, represents and warrants that any information placed on or transmitted to or through the site, is factual, accurate, truthful, not intended to mislead and intrinsically offered in good faith and is also an acknowledgement that the ‘User’ has the right to post or transmit such information. In essence, therefore, any such information, including and without any limitation, all data, text, software, graphics or any other material, whatsoever, whether publicly placed on or posted or transmitted, is fundamentally, the sole and exclusive responsibility of the ‘User’.
LIMITATION OF LIABILITY
In accessing this Website or by receiving any services, you agree to waive all claims against OPTURO, Inc. and all third party content providers, regarding the information provided on and/or received through this Website and as a result of using the services and any use of such information, so obtained. You also agree that, under no circumstances shall OPTURO, Inc. or any other party involved in creating, producing, or delivering this Website or its contents or its services, be liable to you for any damages, including, but not limited to, any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, business interruption, use, data, equipment or other intangible losses (even if OPTURO, Inc. has been advised of the possibility of such damages) that result from:
OPTURO, Inc. does not, cannot, and will not assume any liability for unauthorized or fraudulent use of this Website and any services.
DISCLAIMERS AND WARRANTIES
All materials on the OPTURO, Inc. Website, are provided ‘as is’ to the fullest extent permitted by law and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose or the warranty of non-infringement. Neither OPTURO, Inc. nor the OPTURO Website and its content providers, warrant that the tasks, functions or functionality contained or inherent in the materials or the files available for downloading and any service, will be uninterrupted or error-free, that the defects will be corrected or that this site or the server, making it available, are free of viruses, worms, Trojan Horses or other code with contaminating, destructive or other harmful components.
Further, OPTURO, Inc. does not also make any representations or warranties, regarding the use or the results of the use of the materials on this Website, in terms of their correctness, accuracy, reliability or otherwise. If applicable law in some states or jurisdictions does not allow the exclusion of implied warranties or mandate how long an implied warranty may last, the foregoing exclusion may not apply to all concerned.
Some content on this site or the services may be provided by third party content providers and users, rendering OPTURO, Inc. only a distributor and not a publisher of such content, with no control whatsoever, over such content. Any opinions, advice, statements, services, offers, or other information given or provided by third parties (including merchants and licensors) are those of the respective authors of such content and not of OPTURO, Inc.
Although, OPTURO, Inc. uses reasonable efforts to provide accurate and up-to-date information through this Website, OPTURO, Inc. and the content providers make no warranties or representations as to the accuracy, reliability, or comprehensiveness of content on this Website and any service.
You hereby agree to release and hold harmless OPTURO, Inc. from any and all claims, losses, expenses, or damages relating to any disclaimed warranty described, heretofore.
The information provided in any service or in this Website is not financial or legal advice. OTURO, Inc. makes no representation regarding the accuracy or importance of any services or information received via this Website and the services should not be relied upon for personal, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
ENTIRE AGREEMENT, JURISDICTION AND CHOICE OF LAW AND FORUM