Terms and Conditions
This Agreement is a legal agreement between you and OPE OF AMERICA, INC., the provider of this Web site’s proprietary services (“Services”). By using the Services, you are agreeing to the terms and conditions included in this Agreement (the “Terms of Service”).
1. This agreement covers your use on this site only.
Your use of services on other sites will be covered by separate agreements. Our Services are available only to individuals who can form legally binding contracts under applicable law, and therefore, exclude minors.
2. Use of the Services.
You may use the Services for personal and business purposes. However, you may not sell, lease or resell the services to or on behalf of any other party. In addition, you may not use, or permit to be used, Services in violation of any applicable law, regulation or policy, or in violation of any third parties’ rights.
3. Terms and Conditions of Use.
(a) Agreement to Terms. By using the information, services and products available through OPE OF AMERICA, INC., you are agreeing to the terms and conditions contained herein.
(b) Modification. OPE OF AMERICA, INC. reserves the right to modify the Terms of Service at any time, and such modifications shall be effective immediately upon the earlier of posting of the modified Terms of Service or by e-mail notification to you.
(c) You agree to review these Terms of Service periodically to be aware of such modifications, and your continued access or use of this Web site shall be deemed your acceptance of the modified Terms of Service.
(d) You agree that these standards for notice of changes are reasonable.
(e) You acknowledge and agree that OPE OF AMERICA, INC. or its affiliates may deny you access to or use of all or part of this Web site without prior notice if you engage in any conduct or activities that OPE OF AMERICA, INC. in its sole discretion believes violates any of these Terms of Service, violates the rights of OPE OF AMERICA, INC., or is otherwise inappropriate for continued access and use of this Web site.
4. Your Information.
(a) By giving us your e-mail address, you are certifying in this Agreement that you have the right to use your e-mail address.
(b) By providing information to us via this Web site (such a, feedback, data, comments, questions, suggestions, plans or ideas), you agree that such information shall be non-confidential and that OPE OF AMERICA, INC. shall have unlimited rights to (or not to): use, distribute, reproduce, and disclose such information as OPE OF AMERICA, INC. deems appropriate, without compensation or acknowledgement of its source. OPE OF AMERICA, INC. shall be free to use any ideas, concepts, know-how or techniques contained in information you provide OPE OF AMERICA, INC. through OPE OF AMERICA, INC. Web site.
(c) In exchange for use of this Web site, you agree that any information you submit to us will be current and complete and will not violate the rights of any third parties, and you agree to defend, indemnify, and hold harmless OPE OF AMERICA, INC., its affiliates and content suppliers, and their successors against any claims by third-parties alleging facts in breach of these representations.
(d) While OPE OF AMERICA, INC. will not knowingly divulge your e-mail address or any other personal information to outside parties, you agree that OPE OF AMERICA, INC. will not be liable for acquisition or use of your information by any third party without OPE OF AMERICA, INC. knowledge or consent. In turn, you agree that OPE OF AMERICA, INC. will not be liable for the acquisition or use of personal information about you that is not under our control.
(e) OPE OF AMERICA, INC. is against unsolicited e-mail (SPAM) as a matter of policy. Therefore, we will NOT send you any advertisement-only messages as part of the Services. However, in order to support this FREE service, you will receive advertisements within the e-mail notifications you receive.
(a) OPE OF AMERICA, INC. has and shall retain all right, title and interest in and to any software or technology used in providing the Services, and all intellectual property rights therein.
(b) All content included on this Web site, including text, graphics, logos, buttons, icons, and images, is the property of OPE OF AMERICA, INC. or its affiliates, content suppliers, or other licensors, with ownership as indicated by specific copyright and trademark notices and/or context, and is protected by U.S, and international copyright and trademark laws.
6. Consumer Information.
The consumer information contained here is intended, in part, to alert the reader to pertinent issues regarding this site. The information contained herein is not intended as a substitute for professional consultation. If professional assistance is required, the services of a competent professional person should be sought.
7. Pricing and Availability.
Any pricing information listed on this Web site is subject to change without notice. Certain items herein may be discontinued or may be unavailable in some areas.
(a) The availability of the Services depends on many factors, including your connection to the Internet, the availability of the OPE OF AMERICA, INC. website or services, and equipment that is not, by its nature, fault tolerant.
(b) THE SERVICES ARE PROVIDED “AS IS”. NO WARRANTIES ARE PROVIDED, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE AVAILABILITY OR USE OF THE SERVICES, PERFORMANCE OF THE SITE, RESULTS OBTAINED OR OPERATION WITHOUT INTERRUPTION, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, THE TRANSMISSION, STORAGE OR USE OF YOUR INFORMATION, OR ANY PRODUCTS OR SERVICES USED IN CONJUNCTION WITH THE SERVICES.
(c) OPE OF AMERICA, INC. AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES, AVAILABILITY AND USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, FREEDOM FROM COMPUTER VIRUS, AND ANY TRANSMISSION OR USE OF YOUR INFORMATION.
(d) OPE OF AMERICA, INC. and its affiliates and content suppliers reserve the right to alter or delete the products, services and information available from this Web site at any time.
(e) The information contained in this World Wide Web site is provided for informational purposes only. While OPE OF AMERICA, INC. has tried to provide accurate and timely information, there may be inadvertent inaccuracies and typographical errors. We reserve the right to make changes and corrections at any time, without notice.
(f) OPE OF AMERICA, INC. does not warrant the accuracy, completeness or usefulness of the information, text, links or other items contained on this Web site and OPE OF AMERICA, INC. expressly disclaims liability for errors or omissions in these materials.
(g) OPE OF AMERICA, INC. makes no commitment to update the information contained on this Web site.
(h) Third party Web sites listed as hypertext links herein are not under the control of OPE OF AMERICA, INC.. Accordingly, OPE OF AMERICA, INC. can make no representation concerning the content of these Web sites nor can the fact that OPE OF AMERICA, INC. has included this link serve as an endorsement by OPE OF AMERICA, INC. of any of these Web sites.
(i) Nothing contained in this Web site constitutes investment advice.
(j) All sales of products listed herein are subject to our usual terms and conditions of sale.
All trademarks, company names, and product names are the property of their respective owners.
The content of this Web site, including but not limited to, the text and images herein and their arrangement are copyright ©2021 OPE OF AMERICA, INC. and Miller Davis, Inc. All Rights Reserved. Certain images herein are owned by and have been provided by our members and are used by written permission only.
11. Limitation of liability.
IN NO EVENT WILL Miller Davis, Inc., ITS SUPPLIERS, LICENSEES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT OR ARISE OUT THE SERVICES, THE AVAILABILITY OR USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, ANY OTHER PRODUCTS OR SERVICES USED IN CONJUNCTION WITH THE SERVICES, OR ANY TRANSMISSION OR USE OF YOUR INFORMATION. IN NO EVENT SHALL OPE OF AMERICA, INC., ITS SUPPLIERS’ OR ITS LICENSEES’ AGGREGATE LIABILITY TO CUSTOMER OR ANY PARTY ARISING OUT OF THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100).
(a) You agree to indemnify, defend and hold harmless OPE OF AMERICA, INC., its affiliates, officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liability, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising from your use of this Web site and the Services provided under this Agreement, the violation of these terms and conditions by you, or the infringement by you, or other users of OPE OF AMERICA, INC. website through the use of your computer or your infringement of any intellectual property or other right of any person or entity.
(b) OPE OF AMERICA, INC. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
13. Termination of Service.
(a) Either you or OPE OF AMERICA, INC. may terminate this Agreement and the Services at any time and for any reason, but until that time it remains in full force and effect.
(b) These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all OPE OF AMERICA, INC. site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise.
(c) These terms will terminate immediately without notice from OPE OF AMERICA, INC. if, in OPE OF AMERICA, INC. sole discretion, you fail to comply with any term or provision of this Agreement.
(d) Upon termination, you must destroy all materials obtained from the site and any and all other OPE OF AMERICA, INC. site(s) and all copies thereof, whether made under the terms of these terms or otherwise.
(e) The terms of this Section and Sections 4, 5, 8,11 and 12 will survive any termination of this Agreement.
(a) Entire Agreement. This Agreement constitutes the entire agreement between you and OPE OF AMERICA, INC. with respect to the Services and supersedes all other agreements, contemporaneous and prior, between you and OPE OF AMERICA, INC. with respect to the Services.
(b) Nonwaiver. OPE OF AMERICA, INC. failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right.
(c) Amendment. OPE OF AMERICA, INC.. can revise these Terms and Conditions by updating this posting. No amendment or modification hereof will be valid or binding upon either party unless assented to by OPE OF AMERICA, INC.
(d) Severability. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
(e) No Estoppel. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
(f) Act of God. OPE OF AMERICA, INC. will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
(g) No Obligation to Monitor. OPE OF AMERICA, INC. does not have any obligation to monitor use of the Services, but OPE OF AMERICA, INC. may do so and may also disclose information regarding your use of the Services to satisfy laws, regulations or other government requests.
(h) North Carolina Agreement. As you are accessing the information on the OPE OF AMERICA, INC. Web site on a server in Salisbury, North Carolina, the information contained on the OPE OF AMERICA, INC.. Web site shall be deemed provided in North Carolina and shall be deemed subject to North Carolina law. These Terms and Conditions will be governed and interpreted pursuant to the laws of North Carolina, notwithstanding any principles of conflicts of law.
15. Contacting Us.
You can contact us by calling: 336-490-0086
THANK YOU FOR VISITING AND USING OUR WEB SITE. WE APPRECIATE YOU AS A CUSTOMER
For questions or comments, please contact: Info@opeofamerica.com.
OPE OF AMERICA, INC. is dedicated to protecting consumer privacy. This notice explains how OPE OF AMERICA, INC. collects, uses, and discloses information about you when you purchase our products and you visit the INSERT COMPANY WEBSITE HERE website.
Your use of the Website, and/or receipt of OPE OF AMERICA, INC. constitutes acceptance of this Policy.
This Policy explains our practices in the following areas:
The nature of the information we collect about you and the way such information is used.
The nature, frequency, and purpose of any disclosure of information that we may make, including the types of persons or entities to whom the disclosure may be made.
Your rights under the Communications Act, 47 U.S.C. § 338(i).
This Policy does not apply to information collected by:
OPE OF AMERICA, INC. offline or through any other means, including on any other Website operated by OPE OF AMERICA, INC. or any third party including our affiliates and subsidiaries; or
Any third party including our affiliates and subsidiaries, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
If you have questions about this policy or other matters, you may contact us by phone 336-490-0086, email to: firstname.lastname@example.org or postal mail to: 18868 S NC Hwy 109 Denton, NC 27239.
I. Types of Information we collect and how we collect it
In discussing the types of information we collect from customers and visitors to our websites we use the term “Customer Information” as a broad, general term that refers to any information relating to you and your OPE OF AMERICA, INC. products or service, including Account Information, Commerce Information, and Website Information.
The following are specific types of Customer Information that we collect from customers and visitors to our websites:
“Account Information” means information about your OPE OF AMERICA, INC. account, including, but not limited to, your name, address, e-mail address, telephone number, credit card information, and appointment scheduling information. We collect Account Information directly from you when you contact us, or purchase products or services from us. We may combine information we obtain from third parties with Account Information we collect.
“Commerce Information” means personally identifiable information about you that enables a commerce partner to fulfill your request to participate in a business transaction. From time to time, we may enable you to buy goods and services from us or third parties. We will only collect and send on your behalf information such as your name and address and your interest in a specific offer or transaction to the commerce partners that are sponsoring the promotion or transaction if you take advantage of such an offer or engage in a transaction. In addition to fulfilling your request, such commerce partner may also use your Commerce Information to send you other information in which you might be interested, consistent with its own privacy policies.
“Website Information” means information gathered through your interactions with our Website including, the Internet domain and IP address from which you access our Website; the date and time you access our site; the pages you visit; whether or not you linked to this website from another website and the address of that website. IP addresses, which are numbers automatically assigned to a computer when using the Internet; the type of browser and operating system used to access the site; the search terms used to get to the website, in addition to search terms used in the site’s search engine; the dates and times users access the site; the type of device used to access the site; how often users visit the site; the pages users visit within the site; and the links made to other websites through this site.
II. Use of Customer Information
We use Customer Information to deliver our products and services, process your transaction and other installation and service-related requests and comments, and to understand your needs so that we may provide you with the most suitable products and services. For example, we may use your postal address, e-mail address or telephone number to:
Process and fulfill your order and notify you of your order status;
Provide customer support; and
Solicit your feedback about the products and services you received.
We may use Customer Information to resolve disputes and troubleshoot problems, as well as contact a customer regarding administrative matters or notices.
III. When we share Customer Information with third parties
We do not share your personally identifiable information with third parties, except as described in this Policy. Personally identifiable information that we collect may include: name, address, date of birth, e-mail address, telephone number, credit card information, and information about your individual interests in and use of various products, programs, and services. In the circumstances described below, we limit the information we provide to the information necessary to perform the function or provide the service for which it is shared. Third parties are not permitted to use the Customer Information which is provided by us for any purposes other than as authorized by us.
Industry Affiliates: We may share Customer Information, including personally identifiable information, with other entities (and their affiliates) with whom we have a contractual relationship related to OPE OF AMERICA, INC. business. Information shared with these “Industry Affiliates” may be used only to support your successful use of OPE OF AMERICA, INC. products and services, and such Industry Affiliates’ products and services.
Marketing: Unless you specifically opt-out, we may share Customer Information with third parties other than Industry Affiliates, who offer products and services in which we think you might be interested. These third parties may use this Customer Information to market their products or services to you. When you elect to participate in a special offer or engage in a transaction with OPE OF AMERICA, INC. or a third-party advertiser engaged by OPE OF AMERICA, INC., we will collect and disclose your Commerce Information, on your behalf, to the party sponsoring or fulfilling the promotion. This information is disclosed to a third party only upon your affirmative response to an offer. In addition to fulfilling your request, that party may also use your Commerce Information to send you other information in which you might be interested consistent with its own privacy policies.
Legal Requirements & Professional Services: OPE OF AMERICA, INC. may share your Customer Information if it believes in good faith that such disclosure is: a) necessary to comply with a legal process, b) in response to legal claims, c) necessary to protect personal safety, property or other of your or a third-party rights, our rights and/or the rights of our service providers, or d) as part of a sale or assignment of all or a part of our business. OPE OF AMERICA, INC. may also disclose Customer Information to any person performing audit, legal, operational or other similar services for OPE OF AMERICA, INC.. Whenever reasonably possible we will require any recipient of Customer Information for these purposes to agree in writing to hold the information in confidence, to use the information only for the permitted purpose, and to return or destroy the information when the services are completed.
We may share with third parties certain pieces of non-personally identifiable information and aggregated non-personally identifiable information, for example, the number of customers located in a certain geographic area. Such information will not identify you individually.
IV. Third party advertising services
We use Google AdWords and Google DoubleClick services. In addition to complying with the terms in this Policy, OPE OF AMERICA, INC. complies with Google’s policy requirements. Google’s remarketing and similar audiences AdWords features permit us to reach people who previously visited our Website.
The service does not collect personally identifiable information.
We do not use or associate personally identifiable information with remarketing lists, cookies, data feeds, or other anonymous identifiers. Furthermore, OPE OF AMERICA, INC. does not use or associate targeting information, such as demographics or location, with any personally identifiable information collected from ads or their landing pages. OPE OF AMERICA, INC. does not share any personally identifiable information with Google through its remarketing tags or any product data feeds which might be associated with its ads, nor does it send Google precise location information without obtaining your consent.
V. Opting Out of Marketing Communications
OPE OF AMERICA, INC. may periodically send you messages via e-mail, telephone or traditional postal mail about products and services that we think may be of interest to you. In addition, as provided above, OPE OF AMERICA, INC. may make Customer Information available to third parties for the purpose of marketing such products or services.
You can choose not to receive marketing messages promoting OPE OF AMERICA, INC. or third-party products or services from us and third parties in the future by:
E-mailing us at email@example.com (please put “Opt-Out” in the subject line).
Writing us at 18868 S NC Hwy 109, Denton, NC 27239.
If you are a current Customer, please include your name, address, account or order number, and phone number in the body of your e-mail or letter.
Upon receipt of your opt-out request, OPE OF AMERICA, INC. will take the required actions within a reasonable period of time; however, we cannot and do not guarantee that such removal will be effective immediately.
VI. How long we keep Customer Information
We maintain Customer Information for an indefinite period for related business activities.
VII. How we protect the security of Customer Information
We take reasonable steps to protect Customer Information by using security technologies and procedures that limit access to our databases. However, no system is completely secure or error-free. We do not, and cannot, guarantee the complete security of Customer Information.
VIII. A Special Note for Parents Concerning Privacy
This website is not directed to children and we do not encourage children to participate in providing us with any personally identifiable information. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us at firstname.lastname@example.org. We strongly recommend that children under age 13 access our Website only under the approval and supervision of their parents or legal guardian(s).
We support the guidelines and regulatory requirements provided in the Children’s Online Privacy Protection Act of 1998 (COPPA).