Terms and Conditions

Use of This Site Constitutes Acceptance of These Terms and Conditions. These Terms and Conditions apply to the website openvalegroup.com and any web pages, interactive features, applications, blogs, social networks, and other online or wireless offerings that post a link to these Terms and Conditions (collectively, the “Site”). Please carefully read the following because, by using this Site, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Site. We reserve the right, at any time, to modify, alter, or update these Terms and Conditions, and you agree to be bound by such modifications, alterations, or updates.

‍

Site content

All materials, including illustrations, photographs, product images, artwork, designs, text, graphics, logos, button icons, images, audio clips, and software (collectively, “Content”) appearing on this Site are owned or controlled by Openvale Group, LLC and/or its subsidiaries, affiliates, and content suppliers (collectively, “Openvale”) and are protected by worldwide trademark, trade dress, and copyright laws. The Content of this Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of this Site, unless an agreement for products or services is reached with Openvale. You may not modify, obscure, or delete any copyright or other proprietary notices on this Site. No right, title, or interest in any materials or software, if applicable, on this Site is transferred to you from your use of this Site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, this Site, or any related software.

‍

Ownership of Intellectual property

All trademarks, service marks, and trade names on this Site are proprietary to Openvale. No use of these may be made without prior written authorization of Openvale. The products, solutions, logos, designs, advertisements, and images described and/or displayed on this Site may be the subject of other intellectual property rights reserved by Openvale or other third parties. No license is granted with respect to these intellectual property rights.

‍

Service and Product information

Openvale cannot guarantee that the services, solutions, and products on this Site will be available. All product descriptions, solutions, and specifications are subject to change by Openvale at any time without notice. The particular technical specifications and settings of your computer and its display of the offerings on this Site may impact your review or perception of the offerings. Please email us at info@openvalegroup.com with any questions.

We reserve the right to limit or change our offerings and to refuse or cancel any order that we believe, in our sole discretion, would violate any of our business practices, applicable laws, or policies.

‍

Accuracy of Information

The information presented on this Site has been compiled by Openvale from internal and external sources. No representation is made or warranty given as to the completeness or accuracy of such information. This Site may contain typographical errors, incomplete or out-of-date information, including but not limited to price information. Openvale reserves the right to make changes to the information on this Site, or to the services, solutions, or offerings described therein, or to update such information at any time without notice, but Openvale makes no commitment to correct or update this information.

‍

Disclaimer

The information, services, products, and materials contained on this Site, including without limitation text, graphics, video, audio, and hyperlinks, are provided “as is” and without warranties of any kind, either express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of satisfactory quality, implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance to the fullest extent permissible pursuant to applicable law. You acknowledge, by your use of this Site, that your use of this Site is at your sole risk, that you assume full responsibility for all costs associated with any necessary servicing or repairs of any equipment you use in connection with your use of this Site, and that in no event shall Openvale be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages or any damages whatsoever, even if it has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or otherwise, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this Site.

‍

Indemnification

You agree to defend, indemnify, and hold Openvale harmless from and against any and all claims, damages, costs, and expenses arising from or related to your use of this Site, your access to or inability to access this Site, or your reliance upon any information contained on this Site.

‍

User submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to Openvale on or by this Site, or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively, “Comments”), shall be and remain Openvale’s property unless we expressly enter into an agreement with you that provides otherwise.

We reserve the right to provide you with the opportunity to submit materials, information, data, photos, images, opinions, messages, notes, text, graphics, designs, or other content (“UGC”). By submitting UGC to this Site, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity, to the UGC that you submit. If you submit UGC to this Site, you automatically grant us a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for Openvale to use that UGC for any lawful purpose, commercial, advertising, or otherwise, in any manner or media now or later developed, including, without limitation, the right to translate, display, reproduce, modify, create derivative works, distribute, assign, commercialize, and sub-license that UGC to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any UGC.

Openvale is and shall be under no obligation (1) to maintain any UGC in confidence; (2) to pay any compensation for any UGC; or (3) to respond to any user UGC.

‍

Links to Other Websites and Services

The Site may contain links to websites other than our own. We do not assume any responsibility for those sites and provide those links solely for the convenience of our visitors. The Site does not control the content of these sites and takes no responsibility for their content, nor should it be implied that Openvale endorses or otherwise recommends such sites or the products or services offered. Any concerns regarding such sites or the products or services offered should be directed to the particular outside service or resource.

‍

Applicable Law and Dispute Resolution

The use of this Site and these Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without regard to any conflict of law principles. You agree to submit to personal jurisdiction in the State of California and further agree that any cause of action arising from or relating to the use of this Site and these Terms and Conditions shall be brought exclusively in the federal or state courts located in Los Angeles County, California.

‍

Class Action Waiver

To the fullest extent permitted by law, any proceeding hereunder shall be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED OR ARBITRATED ON A CLASS, JOINT, COLLECTIVE, OR CONSOLIDATED BASIS, OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS CLAIMS AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF).