Website Terms & Conditions

1. Agreement between user and http://www.opscheck.com.

Welcome to http://www.opscheck.com. The http://www.opscheck.com website (the "Site") comprises various web pages operated by FJC Partners, LLC ("FJCP"). Your use of the Site is conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. This Site is an eCommerce website. The purpose of this site is to showcase and market OpsCheck™ unique & proprietary productivity software.

2. Privacy

Your use of this site is subject to our Privacy policyProcedure. Please review our Privacy policyProcedure, which also governs the Site, and informs users about our data collection practices.

3. Electronic Communications

Visiting http://www.opscheck.com or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirements that communications be “in writing.”

4. Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FJCP is not responsible for third-­‐party access to your account that results from theft or misappropriation of your account. FJCP and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

FJCP does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.opscheck.com only with the express permission of your parent or legal guardian.

5. Cancellation/Refund policyProcedure

You may cancel your subscription at any time. Refunds are available in accordance with the terms of the Software Licensing Agreement.

6. Links to third-party sites/Third-­party services

http://www.opscheck.com may contain links to other websites ("Linked Sites"). Such Linked Sites are not under the control of FJCP, and FJCP is not responsible for the contents of any Linked Site(s), including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. FJCP is providing these links to you only as a convenience, and the inclusion of any link docs not imply endorsement by FJCP, of the site or any association with its operators.

Certain services made available via http://www.opscheck.com are delivered by third-­‐party sites and organizations. By using any product, service, or functionality originating from the http://www.opscheck.com domain, you thereby acknowledge and consent that FJCP may share such information and data with any third party with whom FJCP has a contractual relationship to provide the requested product, service, or functionality on behalf of http://www.opscheck.com users and/or customers.

7. Intellectual Property

You are granted a non-­‐exclusive, non-­‐transferable, revocable license to access and use http://www.opscheck.com in strict accordance with the Software License Agreement. As a condition of your use of the Site, you warrant to FJCP that you will not use the Site for any purpose that is either unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through http://www.opscheck.com.

All content included as part of the Service, such as text, graphics, logos, or images, as well as the compilation thereof, and any software used on the Site is the property of FJCP or its suppliers, and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FJCP content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices appended to or associated with any content. You will use protected content solely for your personal use, and will make no other use of content without the express written permission of FJCP and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, either express or implied, to the intellectual property of FJCP or our licensors except as expressly authorized by these Terms.

8. International Users

The service is controlled, operated, and administered by FJCP from its offices within the United States of America. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FJCP Content accessed through http://www.opscheck.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

9. Indemnification

You agree to indemnify, defend and hold harmless FJCP, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FJCP reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FJCP in asserting any available defenses.

10. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FJCP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

FJCP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE, FOR ANY PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

FJCP AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FJCP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, 0R OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FJCP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

11. Termination/Access Restriction

FJCP reserves the right, in its sole discretion, to terminate your access to the Site and the related services, or any portion thereof at any time in accordance with your Software License Agreement or, if no such agreement exists, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, and your use of this Site constitutes your consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FJCP as a result of this agreement or use of the Site. FJCP’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FJCP's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site, or information provided to or gathered by FJCP with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement will continue to be in full effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FJCP with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and FJCP with respect to the Site. A printed version of this agreement and of any notice given in electronic form may be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in plain English.

12. Changes to Terms

FJCP reserves the right, in its sole discretion, to change the Terms under which http://www.opscheck.com is offered. The most current version of the Terms will supersede all previous versions. FJCP encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

FJCP welcomes your questions or comments regarding the Terms:

FJC Partners LLC frank.caccio@opscheck.com

Tel: 732 221 9625