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Terms of Use

Terms of Use

Effective Date: January 01, 2019

This Terms of Use governs your use of the OpFocus website: https://opfocus.com (the “Site”) or when you contact us via the Site. Unless explicitly stated otherwise, any new platforms, features or functionality made available via the Site will be subject to this Terms of Use, which constitutes a binding legal contract between you and OpFocus. By using the Site, you accept the terms and conditions set forth in this Terms of Use. If you do not agree to all of these terms and conditions of use, do not use the Site.

The current version of the Terms of Use is indicated by the Effective Date listed above. OpFocus may revise and update this Terms of Use at any time. Your continued access and use of the Site signifies that you agree to these changes. This Terms of Use will be posted on a public page on the Site. Any personal information you provide to OpFocus is governed by our Privacy Policy, which is incorporated by reference into this Terms of Use. To the extent there is any inconsistency between this Terms of Use and our Privacy Policy, the Terms of Use governs.
If you have signed our Master Services Agreement (“MSA”) or other contract document with us, the terms of that agreement with apply to the services (i.e., Managed Services, Strategic Services, Consulting Services, etc.) that are the subject of that agreement, and this Terms of Use will not apply. This Terms of Use also does not apply to our partner CRM platforms, which are governed by their own Terms of Use or Service, etc.

Background

OpFocus focuses on helping SaaS companies leverage Salesforce and other CRM platforms to grow sales, streamline operations, and improve marketing. We provide a range of services, including: Strategic Consulting, Managed Services, Marketing Operations, Custom App Development, Data & Integration and Training. The Site is intended to provide an introduction to and overview of our mission, capabilities and offered services, as well as access to certain services and information (e.g., training and blogs).

Disclaimer of Warranties

THE SITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. OPFOCUS, ITS LICENSORS, AND ITS SUPPLIERS AND VENDORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IN ADDITION, OPFOCUS, ITS LICENSORS, AND ITS SUPPLIERS AND VENDORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OF OUR CONTROL.

Indemnification

You agree to defend, indemnify, and hold OpFocus, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Terms of Use.
Limitation of Liability

In no event shall OpFocus, its licensors, its suppliers or vendor, or any third parties identified on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not OpFocus, its licensors, its suppliers or vendors, or any third parties identified on the Site are advised of the possibility of such damages.

OpFocus, its licensors, its suppliers or vendors, or any third parties identified on the Site or its content are not liable for any personal injury, including death, caused by your use or misuse of the Site. Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action occurred. OpFocus, its licensors, its suppliers or its vendors or any third parties identified on the Site shall be liable only to the extent of actual damages incurred by you, not to exceed US $1000. Remedies under this Terms of Use are exclusive and are limited to those expressly provided for herein.

Use of Content

All content posted on the Site is protected by the copyright laws in the United States or another country and labeled accordingly, for example: “©2018 OpFocus, All Rights Reserved” or other copyright or proprietary rights notices that appear on the Site. You are permitted to view or download a single copy of any content on the Site solely for your personal, noncommercial use. Do not forward any copy you make to another party.

Title to all content on the Site remains with OpFocus or its licensors, as may be indicated. Any use of the Site and its content not expressly permitted by this Terms of Use is a breach of its terms and conditions and may violate copyright, trademark, or other laws. Content and features on the Site are subject to change or termination without notice in our discretion. All rights not expressly granted herein are reserved to OpFocus or its licensors.
If you violate any of these terms and conditions, your permission to access or use the Site as described in this Terms of Use automatically terminates and you must immediately destroy any copies you have made of any content from the Site.
User Submissions

By submitting material to us, you are representing that you are the owner of the material or are making your submission with the express consent of the owner. By submitting material to any public posting areas of this Site, such as any message boards, classifieds, forums, or community publishing areas, you agree that we, including our partners, agents, affiliates and service providers (collectively, “Third Party Providers”), may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose. You grant us the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such material on the Site. You also grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.

Copyright: Notice and Takedown Procedure

If you believe any materials accessible on Site infringe your copyright, or a copyright belonging to a third party, you may request removal of those materials (or access thereto) from this Site by contacting OpFocus’s copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.
    Opfocus’s agent for copyright issues relating to the Site is as follows:

OPFOCUS, INC.
Attn: Chief Financial Officer
78 Blanchard Road
Suite #203
Burlington, MA 01803 USA
info@opfocus.com
+1 (781) 214-7440

Trademarks

The OpFocus trademarks, service marks, product and service names, and other corporate indicia are the property of OpFocus, Inc. You agree not to display or use in any manner any of our trademarks, etc. without our prior permission.

General

OpFocus is located in the Commonwealth of Massachusetts, United States and the Province of Ontario, Canada. If you access from outside the United States or Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Governing Law; Jurisdiction

All disputes, claims or controversies arising out of this Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without regard to its rules of conflict of laws. You hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the Commonwealth of Massachusetts, the United States of America, for any litigation among the parties hereto arising out of or relating to this Terms of Use.

Severability

The invalidity or unenforceability of one or more provisions of this Terms of use will not affect the validity or enforceability of any of the other provisions hereof, and this Terms of Use will be construed in all respects as if such invalid or unenforceable provision(s) were omitted.

Complete Agreement

This Terms of Use and Privacy Policy constitute the entire agreement between you and OpFocus with respect to access and use of the Site.

Contacting OpFocus

Please direct any questions or concerns regarding the Site or this Terms of Use to OpFocus at:

Global Headquarters

78 Blanchard Road
Suite #203
Burlington, MA 01803
Phone: 781-214-7440
Email: info@opfocus.com

Canada

1 Yonge Street
Suite 1203
Toronto, ON M5E 1W7
Phone: 416-848-0490
Email: info@opfocus.com

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