- Website Ownership
The Website is owned by Opaa! Food Management, Inc.
- Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use of the websites which are owned or operated by Opaa! Food Management, Inc. ("Opaa!") and our affiliates (collectively, "we," "us," or "our"), including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, our "Website").
- Terms & Conditions - In General
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions,
just as if you had signed this agreement. If you do not comply with these Terms & Conditions at
any time, we reserve the right, if applicable, to terminate your password, user account, and/or
access to this Website (or any part thereof). In our sole discretion and without prior notice or
liability, we may discontinue, modify or alter any aspect of the Website, including, but not
limited to, (i) restricting the time the Website is available, (ii) restricting the amount of
use permitted, and (iii) restricting or terminating any user's right to use the Website. You
agree that any termination or cancellation of your access to, or use of, the Website may be
effected without prior notice. If you do not abide by the provisions of these Terms & Conditions,
except as we may otherwise provide from time to time, you agree that we may immediately deactivate
or delete your user account and all related information and files in your user account and/or bar
any further access to such information and/or files, or our Website. Further, you agree that we
shall not be liable to you or any third-party for any termination or cancellation of your access
to, or use of, our Websites. No user of this Website may (i) take any action that imposes an
unreasonable load on the site's infrastructure; (ii) use any device, software or routine to
interfere or attempt to interfere with the proper working of the site or any activity being
conducted on the site; (iii) attempt to decipher, decompile, disassemble or reverse engineer
any of the software comprising or making up the site; (iv) delete or alter any material posted
by any other person or entity; or (v) frame or link to any of the materials or information
available from the site. Information and materials posted by Opaa! are provided for general
reference only and are not warranted to be free of errors, other deficiencies or potential interruptions.
- Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may,
in appropriate circumstances and in our discretion, terminate the rights of any user to use our
Website (or any part thereof) who infringe the intellectual property rights of others.
The information and materials, including pages and content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use for creative work or to sell or promote other products. Violation of this policy may result in infringement of intellectual property and contractual rights of Opaa! or third parties which is prohibited by law and could result in substantial civil and criminal penalties. All identified marks of Opaa! are trademarks of Opaa! and may not be used without our written advance permission.
- Linking
The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the
Website to other Web sites maintained by third parties, do not constitute an endorsement by Opaa! or any of
its affiliates of any third party Website or content. Opaa! is not responsible for the availability of these
third party resources or their contents. You should direct any concerns regarding any external link to its
Website administrator or Webmaster. Opaa! gives no assurance whatsoever regarding such information or materials. In no event should the availability of such information and materials be construed as an indication that they have been validated by Opaa! or represent the views of Opaa!.
- Indemnification
You agree to indemnify, hold harmless and, at our option, defend Opaafood.com and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all claims, liabilities, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising out of or relating to your use of the Website, any alleged breach of this Agreement by you, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
- Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions shall be filed only in the state or federal courts located in the State of Missouri and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
- Miscellaneous Terms
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining
provisions. The failure of either party to insist upon or enforce the strict performance of the other party with
respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will
not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such
provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
The provisions of Sections 5, 6, 7, 10 and 11 hereof shall survive any termination or expiration of this Agreement.
- Termination
Opaa! may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. Opaa! may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability at any time in Opaa!'s exclusive discretion, without prejudice to any legal or equitable remedies available to Opaa!, for any reason or purpose, including, but not limited to, conduct that Opaa! believes violates these Terms of Use or other policies or guidelines posted on the Website or conduct which Opaa! believes is harmful to other customers, to the Opaa! business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by Opaa! in its sole discretion. In addition and without prejudice to any other remedy available to Opaa!, Opaa! may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by Opaa!.
- Disclaimer of Warranties
USE OF THIS SITE IS PROVIDED "AS IS", "WHERE IS", AS AN ACCOMODATION, AND WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL OPAA! BE LIABLE FOR DAMAGES TO YOU FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES PROVIDED HEREUNDER FOR DAMAGES OF ANY KIND.
- Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL OPAA! BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OR OR RELATING TO YOUR USE OR INABILITY TO USE OUR WEBSITE. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT OPAA! CORRECT THE MATTER OR, IF OPAA! FAILS TO DO SO, TO DISCONTINUE USE OF THE WEBSITE AT YOUR OPTION.
