TERMS OF SERVICE

TERMS AND CONDITIONS

READ THESE TERMS CAREFULLY BEFORE USING OPERIETUR LLC, OR ITS SERVICES. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR OTHERWISE USE OPERIETUR. BY ACCESSING OPERIETUR, YOU INDICATE AND ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THESE TERMS OF SERVICE.

The references below are set forth in this document as Operietur LLC ("Operietur", "we", "us" or "our").

By accessing and/or using any part of this website,  server, service, or products, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access this website, use any services, or view any content/information within. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. If you continue to use Operietur or it's services after we post changes to these Terms of Use, you are signifying your acceptance of the new terms. Any new content which is added to the current server/website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our server and/or website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our server/website following the posting of any changes constitutes acceptance of those changes. These terms and conditions (the “Terms of Service”) govern your use of the Operietur website, server, and services, a service maintained by Operietur LLC is a business-to-business service only and the information contained therein is of a business nature only. If an individual is accessing Operietur or its services on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to the terms and conditions contained in this document. “User” or “you” shall refer both to the individual accessing Operietur on behalf of a business entity and any such business entity itself.

General Conditions - We reserve the right to refuse and/or terminate service to anyone at any time. You understand that some content may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this website or server, use of the Services, or access to the Service or any contact on the server through which the service is provided, without express written permission by us. By using this service, server, or website; you fully acknowledge and agree to all terms set forth. If in violation of the the Terms & Conditionals, and if Operietur LLC ("Operietur", "we", "us" or "our")(or its respective representatives) decides to take legal action against you; you hereby waive all legal rights pertaining to any legal matter that may arise between Operietur (or individuals on its behalf) and yourself. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. A breach or violation of any of the Terms will result in an immediate termination of your Services, and will void any refunds or reimbursements.

Accuracy of Information - We are not responsible if information made available on this website or server is not accurate, complete or current. The material on this server is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete or more timely sources of information. Any reliance on the material on this server is at your own risk. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website or servers. You agree that it is your responsibility to monitor changes to our content, website, or server.

Services and Prices - Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. In the event a service price increase occurs; a notice of change will be provided to all customers, and all services affected by said price change shall be terminated on behalf of the client/customer unless given permission for continuation. Operietur will make due efforts for your continued use of services and will avoid termination(s) and disconnections without justified causes.

Third Party Links - Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this server may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services. You agree that we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments and Submissions - If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Prohibited Uses - In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using this website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. You may not use any data mining, robots or similar data gathering and extraction tools on the Operietur content, frame any portion of Operietur or its content, sublicense, assign, transfer, sell, loan, or otherwise distribute for payment the Operietur content without our prior written consent. You may not circumvent any mechanisms included in the Operietur content for preventing the unauthorized reproduction or distribution of the Operietur content.

Disclaimer of Warranties - We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, durability, title, and non-infringement. We do not guarantee backward compatibility of our services and/or Application Programming Interface (API). For the avoidance of doubt, user expressly acknowledges that any business decisions made by user as a result of information obtained through Operietur is done so at user’s own risk based on independent research and analysis.

Indemnification - You agree to indemnify, defend and hold harmless Operietur LLC (or individuals on its behalf), subsidiaries, affiliates, sponsors, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability - In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

CAN-SPAM ACT - We may send emails for marketing purposes to the email address provided but will follow all opt-out processes. Clicking unsubscribe at the bottom of any email will place you on a “do not email” list. No further emails will be sent unless you opt-in again on our website. You may also send us an opt-out email request from the address ("email address") you wish to have removed. Your request will be processed within 10 business days. Emails from 3rd parties – we may contract outside parties to send marketing emails but they will be held to the same standards as mentioned in these terms. All header information (“From,” “To,” “Reply-To,”) and routing information, including the originating domain name and email address will always be listed as and sent from  [sender]@operietur.com.

Copyright Infringement - In the event that any content on Operietur.com is in violation of Digital Millennium Copyright Act (DMCA) or other copyright laws; the copyright owner or agent may write or email to Operietur LLC and/or the infringing individual who posted the content; requesting the removal of said content. The copyright owner/agent. The notice must include the information specified in 17 U.S.C. 512(c). Operietur LLC and its agents, employees, members, volunteers, affiliates, sponsors: strive to uphold legal and paralegal expectations. To have materials removed from Operietur.com, it's servers and or it's filesystems; under the Digital Millennium Copyright Act (DMCA), the copyright owner or agent must write to the infringing site's DMCA agent and/or Internet Service Provider (ISP) and file a valid takedown request. The notice must include the information specified in 17 U.S.C. 512(c). - When submitting or proving any form of content, You represent and warrant that you have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to your content. If you use third-party materials, you represent and warrant that you have the right to distribute third-party material in the submission. You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including patent, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material.

Termination - The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our server, website, and/or services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). In addition, you waive all rights to any refunds or reimbursements that may have otherwise been owed to you.

Payment And Cancellation Of Service - By ordering any subscription on www.operietur.com (including a free trial period) you confirm that you have read and accepted our Terms of Use and you authorize Operietur to automatically charge your bank card or PayPal account according to the billing period manually selected by you. If a trial is not cancelled before its expiration date, it automatically converts to a monthly or annual paid plan depending on user’s choice. There are no refunds for monthly plans, even if the subscription is canceled on the same day as the auto-conversion payment has gone through. Refunds are available only after an automatic deduction for annual payments (i.e. after trial and after renewal) within 14 calendar days after the payment was made. Please note that users who filed a chargeback/dispute request or a claim are not eligible for a refund. A cancelled trial and associated services may stop immediately after cancellation, except for any data packages that were purchased. The service is billed in advance on a monthly or annual basis. There will be no refunds or credits for partial months of service, or refunds for months unused with a prepaid service. If auto renewal fails for an annual plan you will automatically be switched to a monthly plan. All subscriptions are recurring, which means you will continue to get billed until you cancel your subscription. You are solely responsible for properly canceling your Operietur subscription. An email request or support ticket asking for your subscription to be cancelled is not considered cancellation. You may cancel your subscription at any time by visiting the billing section of your Profile Settings page provided by the billing operator. If you cancel the service before the end of your current paid up period, your subscription will remain active until the next due date. After the due date, if no payment received, your subscription will be stopped. We do not offer refunds for initial payments. If you order the service for the first time, please make sure that the order is correct before the payment is made. We do not offer refunds for recurring monthly payments. If you have been billed for automatic monthly renewal of the Service, you can cancel the subscription to avoid billing for next months. We do not offer refunds for upgrades to a more expensive plan or a longer billing cycle. Remaining days are converted into an equivalent value of days on the new subscription. If you have been billed for automatic annual renewal of the service, you have 14 calendar days (after the payment was made) to contact our support team. If you don't do this, Operietur assumes that renewal of the service is expected and the payment will not be refunded. Refunds are available only after an automatic deduction for annual payments (i.e. after trial and after renewal) within 14 calendar days after the payment was made.

Hypothetical Performance Results - Hypothetical performance results have many inherent limitations, some of which are mentioned below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example the ability to withstand losses or to adhere to a particular trading program in spite of the trading losses are material points, which can also adversely affect trading results. There are numerous other factors related to the market in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results. We do not claim that any of our users have any sort of success in the markets.

Proprietary Rights - Operietur LLC and its created content used in connection with Operietur, including but not limited to web sites, software, data, reports, designs, graphics, text, methods, processes, technology and other intellectual property, are owned exclusively, or authorized for use, by Operietur. By using Operietur, you acknowledges such ownership.

Entire Agreement - The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law - These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with state laws.

Changes of Service - We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service, at any time, for any reason. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website and its services or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Disclaimer Agreement - By accessing and/or using any part of this website, server, service, or products, you understand and agree with the statements and notices in our Disclaimer.