OPF Website Terms of Use
OPF WEBSITE TERMS OF USE
Rev. [August 30, 2022]
These Terms of Use (“Terms of Use”) are a binding agreement between you and 1.5DEGREES, LLC (d.b.a. “OPF”) and its affiliates (collectively, “OPF,” “us,” “we” or “our”), and govern your access to and use of onepointfiveconsulting.com and our other internet sites (collectively, the “Site”). By accessing and using the Site, you agree to be bound to these Terms of Use.
Any Personal Information (defined below) you provide to OPF or which is collected by our Site will be used and processed in accordance with OPF’s Privacy Policy.
PLEASE REVIEW THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, OR DO NOT AGREE TO OUR PRIVACY POLICY, YOU MUST REFRAIN FROM ACCESSING AND USING THE SITE IMMEDIATELY.
We may change or update these Terms of Use from time to time, so please check this page regularly. Any modifications to these Terms of Use will become effective when published on the Site. YOUR CONTINUED ACCESS AND USE OF THE SITE AFTER ANY MODIFICATIONS TO THESE TERMS OF USE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE AS MODIFIED.
1. AUTHORIZED ACCESS AND USE OF THE SITE
The information and content compiled on this website (“Site Content”) has been developed by OPF solely to provide information about OPF to its clients and the business community. You may use the Site solely to view such information and to communicate with OPF.
This Site is made available with the understanding that OPF and the contributing authors are not engaged in rendering legal services and if legal advice is required you should seek advice from legal counsel. Although prepared by environmental professionals, this Site should not be utilized as a substitute for professional environmental services for specific situations. You can obtain assistance in connection with specific situations by contacting info@opf.degree.
You may not download (other than page caching) or modify the Site Content or any portion of it, without our express, written consent. We may change the contents of, suspend or limit access to, or discontinue the Site, or any portion thereof, at any time without notice for any reason. You acknowledge that, from time to time, you may not be able to access the Site, including, without limitation, due to (i) technical difficulties; (ii) repairs or maintenance which we may undertake as needed; or (iii) causes beyond our control or which we cannot reasonably foresee. You further acknowledge that OPF does not represent or warrant that the information on the Site is accurate, reliable, complete or current. Without limiting the generality of the forgoing, OPF does not represent or warrant that the quality of any products, services, information or other material obtained by you through the Site will meet your expectations or needs. OPF reserves the right to correct any errors or omissions, and to change or update information, at any time without prior notice, but is under no obligation to do so and does not represent that it shall correct any errors or omissions. These Terms of Use apply whether you are accessing the Site through a web browser, mobile device, or any other or future medium.
2. INTELLECTUAL PROPERTY
The Site, its features and all Site Content (including, without limitation, text, designs, sounds, pictures, page headers, graphics, logos, button icons, images, user interfaces, software, source code, databases and other files, in each case inclusion the selection and arrangement thereof, as well as any intellectual property rights therein) are protected under intellectual property laws and are the property of OPF or our licensors or suppliers and is protected by United States and international patent, trademark, trade secret, copyright and other intellectual property laws. OPF and our licensors and suppliers reserve the right to enforce our intellectual property rights to the fullest extent of the law. OPF, and its licensors and suppliers, retain full and complete title to the material provided on the Site, including, without limitation, all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in OPF’s sole discretion. OPF neither warrants nor represents that your use of materials on the Site will not infringe, misappropriate or otherwise violate rights of third parties.
The trademarks, trade dress, logos, service marks and trade names of OPF (collectively, the “OPF Marks”), including, without limitation, the name of OPF and the OPF logo, may not be used, altered, modified or copied in any manner without our prior written permission and are protected under intellectual property laws. All other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, NO LICENSE IS GRANTED TO YOU AND NO RIGHTS ARE CONVEYED, INCLUDING WITHOUT LIMITATION TO ANY OPF INTELLECTUAL PROPERTY, BY VIRTUE OF YOUR ACCESS TO OR USE OF THE SITE. ALL RIGHTS NOT GRANTED UNDER THESE TERMS OF USE ARE RESERVED BY OPF.
3. DISCLAIMER AND LIMITATION OF LIABILITY
THE SITE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT OPF IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL SITE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OPF MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT OR THAT THE FUNCTIONALITY ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL OPF OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF OPF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
4. INDEMNIFICATION
As a condition of your use of this Site, you agree to indemnify, defend and hold OPF, our officers, directors, employees, agents and representatives harmless from and against all claims, damages, losses, costs (including reasonable attorneys fees), or other expenses that arise directly or indirectly out of or from (a) your violation of these Terms of Use; (b) your use of the Site; or (c) your violation of the rights of any third party.
5. LINKS TO OTHER SITES
We may provide links to third-party Web sites, and some of the content appearing to be on this Site is in fact supplied by third parties. OPF does not endorse and has no responsibility for the availability or content of these third-party Web sites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers. OPF shall have no liability or responsibility, directly or indirectly, for any damage or loss caused or alleged to be caused by the use or reliance on any content, goods or services available on or through such site.
6. GOVERNING LAW
These Terms of Use are governed by the laws of the State of New York without reference to the principles of conflicts of laws thereof. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York, County of New York with respect to all disputes arising out of or related to these Terms of Use. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
7. UNSOLICITED CONTENT
OPF does not knowingly accept unsolicited submissions of content from users of the Site. Any comments or other submissions of content of any kind sent by you to us (“Unsolicited Content”) will be deemed non-confidential and do not give rise to any contractual relationship or other obligation of OPF to you with respect to the Unsolicited Content. Further, any Unsolicited Content, including, without limitation, all feedback concerning the Site or the products or services offered therein, shall become the sole property of OPF, including, without limitation, worldwide intellectual property rights therein, and you hereby irrevocably assign to OPF all right, title and interest in such Unsolicited Content, including to use in any manner whatsoever without any compensation, credit, or notice of any kind.
8. INTERNATIONAL ACCESS
The Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of the Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
9. FORCE MAJEURE
OPF shall not be liable for any failure or delay in performance for causes beyond OPF’s reasonable control and occurring without that party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, epidemics, pandemics, computer attacks or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility.
10. MISCELLANEOUS
Our failure to exercise or enforce any of our rights pursuant to these Terms of Use shall not operate as a waiver of such right (or any other right) or prevent a subsequent exercise of such right. These Terms of Use shall be enforced to the fullest extent permissible by law. If any provision of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any arbitrator or court of competent jurisdiction in a proceeding brought in accordance with these Terms of Use, such provision shall be deemed ineffective and shall be changed and interpreted so as to best accomplish its objectives within the limits of applicable law, but the validity and enforceability of any remaining provisions shall remain unaffected.
Any notices we may be required by applicable law to provide to you will be effective upon our (a) sending an e-mail message to you at your e-mail address on file with us or (b) publishing such notices on the Site.
These Terms of Use or your use of the Site shall not be construed to create any joint venture, partnership, or agency or employment relationship between you and us, or between you and our parent, subsidiaries and affiliates, and its and their shareholders, officers, directors, employees and representatives.
Nothing contained in these Terms of Use limits our right to comply with requests or requirements pursuant to applicable law regarding use of the Site or information provided to or collected by us in connection with such use.
These Terms of Use constitute the entire and only Terms of Use between OPF and each user of the Site with respect to the subject matter of these Terms of Use. In addition, you may also be subject to additional terms and conditions when you use or access other OPF or OPF affiliate services or content.
Should you have any questions regarding these Terms of Use you may contact us at info@opf.degree.