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Terms of use

Last Updated: July 1, 2025

This Terms of Use, including the Privacy Policy (collectively, “User Agreement“) form a legal agreement entered into between you and FJC Partners, LLC and affiliates (together “OpsCheck,” “we,” “our,” or “us“). The following Terms of Use (the “Terms“) govern your access and use of https://opscheck.com/ and related sub-domains, including any content, functionality, services, or solutions offered on or through https://opscheck.com/ (collectively the “Sites“). In this User Agreement, the term “Subscriber” refers to the legal entity that is licensing our subscription-based software services from OpsCheck pursuant to a written agreement (“Software License Agreement” or “SLA“). The term “you” or “your” include (i) individuals browsing the external-facing portion of our Sites; and (ii) individuals using our Service (which is defined in the SLA) as an Authorized User of the Subscriber (as defined below).

By downloading, accessing, ordering or using any of our Sites, clicking on the “I accept” button, or completing the registration process to obtain a user account to access password-protected portions of our Sites, you represent that:

  • Consent: You have read, understand, and agree to be bound by these Terms;
  • User Eligibility: You have full power and authority to enter into this User Agreement and in doing so will not violate any other agreement to which you are a party.
    • To the extent you are accessing the account portal at https://app.opscheck.com/login, you represent that you are either: (a) an authorized user of the Service for which you have been granted access by Subscriber, including without limitation, Subscriber’s employees, agents, contractors, personnel, or representatives; or (b) an authorized representative with signatory authority to bind Subscriber for which you are entering into that SLA to license the Service from OpsCheck, or otherwise have the authority to use the administrative account to oversee Subscriber’s corporate account (collectively referred as “Authorized User(s)“); and
  • Age: You are 18 years of age or older.

If you do not agree to be bound by these Terms, you may not access or use our Sites.

IMPORTANT NOTICE: YOUR USE, ACCESS OUR SITES, YOUR USE OF ACCOUNT AND RECEIVING OF CONTENT ON OUR SITES ARE SUBJECT TO AN ARBITRATION PROVISION IN SECTION 9 (GOVERNING LAW; DISPUTE RESOLUTION; CLASS ACTION/JURY WAIVER) OF THESE TERMS, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, UNLESS PROHIBITED BY LAW OR YOU EXPRESSLY OPT OUT OF ARBITRATION AS DESCRIBED IN THAT SECTION.

Table of Contents

1. License to Use Sites and Content

Our Sites may contain text, software, images, photographs, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, product names, and other information which are derived in whole or in part from information and materials supplied by us and other sources (“Content“). All Content on our Sites, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of OpsCheck or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

Any unauthorized use of our intellectual property, including our marks, our copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent of the law.

Provided that you comply with all your obligations under these Terms, we hereby grant you a limited, non-exclusive, revocable, non-assignable, non-transferable authorization to view and use our Sites and any Content for your personal information and non-commercial use. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of OpsCheck or any third party, except as expressly provided in the Terms. You agree not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any Content. All rights not otherwise expressly granted by the Terms are reserved by us.

2. User Conduct; Dos and Don’ts

Prohibited Conduct. You agree that you will not (and will not permit any third party to), under any circumstances (except to the extent expressly authorized by these Terms) conduct any activities relating to your use or access of the Sites that interfere or attempt to interfere with the proper performance of the Sites or our IP ownership of the Content. Such prohibited conduct includes, but is not limited to, the following:

  • Copy, reproduce, imitate, or create derivative works based on the appearance, layout, design, structure, user interface, or overall look and feel of our Sites, whether by manual means or through the use of automated tools, including but not limited to artificial intelligence technologies.
  • Use any method, including scraping, data mining, or automated software, to replicate or mimic the website’s visual presentation, features, or functionality.
  • Copy, modify, create derivative works of, or otherwise use our Content to train any third party algorithm;
  • Use any Sites or Content in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
  • Impersonate any person or entity, collect or store personal information about other users without permission, or solicit information from another user in furtherance of identity theft or another unlawful purpose;
  • Use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on our Sites, deep-link to any feature or content on our Sites, bypass, circumvent, disable or otherwise interfere with our robot exclusion headers or other similar measures;
  • Take any action that imposes or may impose an unreasonable or disproportionately large load on the Sites or its infrastructure, or bypass any measures we may use to prevent or restrict access to any portion of the Sites (or other accounts, networks or services connected thereto);
  • Introduce any viruses, trojan horses, worms, logic bombs, keystroke logger, or other material which is malicious or technologically harmful;
  • Screen scrape, monitor, mine, copy, frame, or mirror any part of the Sites without our prior written consent;
  • Reverse engineer, decompile, or disassemble any part of the Sites or otherwise attempt to learn the underlying source code, structure, or ideas upon which the Sites are based,
  • Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack;
  • Gain or attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites is stored, or any server, computer or database connected to or associated with the Sites;
  • Post, transmit, share, or otherwise make available any Content that is false, misleading, defamatory, or disparaging about OpsCheck, its affiliates, or its representatives; or
  • Use the Sites in the development, directly or indirectly, of any product, software or Sites that offer any functionality substantially similar to, or competitive with, OpsCheck’s software, products or services.

Violations. Although we do not generally monitor user activity occurring in connection with our Sites, if we become aware of any possible violations by you of any provision of these Terms, OpsCheck reserves the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use our Sites, without prior notice to you or anyone else.

3. Privacy; Security

3.1 Privacy: Our Privacy Policy (“Privacy Policy“) describes how we collect and use personal information about you through the Sites and is incorporated in these Terms by this reference. OpsCheck and its third-party service providers may use your personal information to provide Sites to you and on an aggregated or anonymized basis for other purposes, including to improve our Sites and Content during or after the term.

3.1.1 Notice regarding Chatbot: Where we display a Chatbot icon on our Sites, you may choose to use the chatbot to interact with us (“Chatbot“).

YOUR USE AND ACCESS TO OUR SITES ARE VOLUNTARY AND SOLELY AT YOUR DISCRETION. WE MAY RECORD YOUR INTERACTIONS WITH THE CHATBOT.

By proceeding with interacting with the Chatbot, you agree that we can process (i) your personal information that is specifically and voluntarily provided by your when you interact with the Chatbot, and (ii) other personal information about your conversations with the Chatbot, including a text or transcript recording to allow us to respond to your inquiries.

We do not require, nor need any sensitive personal information (as defined by applicable data privacy laws) through the Chatbot. Sensitive personal information may include, SSN, race or ethnic origin, financial account information, username and password, health insurance account number, medical records, among other. If you do input sensitive personal information in the Chatbot, you give us your express consent to process sensitive personal information as necessary to interact with you and respond to your comments, questions or inquiries.

3.2 Security: While there is no such thing as “perfect security,” we will take reasonable steps to help ensure the safety of your personal information. However, the safety and security of your personal information also depends upon you. By accessing our Sites, you will be provided with a username and password to access the portal. You must treat your username, password or any other piece of information utilized as part of our security procedures as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Service or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log off your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We reserve the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this report may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.

4. Rights to Technical Data; User Materials; and Feedback

In order for OpsCheck to provide the Sites and associated services, you grant us a non-exclusive right and license to use, copy, distribute, and transmit information, data, and other materials entered by you in creating and registering for a user account (“User Materials“) as well as technical information collected to the extent necessary to provide the Sites and our services. We reserve the right to gather and examine data and other information that is connected to how the Sites and related systems and technologies are provided, used, and perform. This means we may monitor and analyze how users interact with the Sites, as well as how the Sites function overall.

We may use this information and data for several purposes. First, we can use it to improve and enhance the Sites, making them more effective, efficient, or user-friendly. Additionally, we may use the data for development, diagnostic, and corrective purposes, which could include fixing issues, developing new features, or optimizing performance for the Sites and other services we offer. Further, we may also share this data, but only in a way that does not identify individual users. Specifically, we may disclose information in aggregated or de-identified form as part of our business operations. This means that any data shared with third parties will not include details that could be used to identify you personally. Finally, we may use and disclose such data as described in our Privacy Policy.

User Materials must not: (i) be libelous, vulgar, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or encourage a criminal offense; (ii) contain material from other copyrighted works without the written consent of the owner of such copyrighted material; (iii) infringe any copyright or violate any property rights, rights of privacy or publicity, or any other rights of any third party; or (iv) contain any software viruses, malware, spyware or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

You agree that submission of any ideas, suggestions, documents, and/or proposals to OpsCheck through its suggestion, feedback, contact us, or other similar pages on our Sites or our social media pages (“Feedback“) is at your own risk and that OpsCheck has no obligation (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to OpsCheck a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation, maintenance and improvement of our Sites.

5. Disclaimers

a. General. To the maximum extent permitted by law, our Sites are provided “as is” and “as available,” and at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement. As further specified in subsection (b)-(d) below, we make no warranty that our Sites will meet your expectations. To the extent any jurisdictions do not allow the exclusion of certain warranties, some of the limitations set forth above may not apply to you.

b. System Unavailability. There may be times when our Sites are unavailable due to technical errors or network outages or for maintenance and support activities. We do not represent, warrant, or guarantee that the Sites will always be available, uninterrupted, timely, secure, or completely free of errors or defects in the operation or functionality.

c. Errors. Our Sites and Content may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Sites or any information supplied to you via the Sites, or any Content found on our Sites will be accurate or reliable. Further, we do not represent or warrant any Content or files available through the Sites are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.

d. No Legal, Financial, or Medical Advice. We are not lawyers, doctors, financial advisors, licensed professionals, brokers, dealers, financial institutions, creditors, or 501(c)(3) nonprofit corporations. By using or accessing the Sites, you acknowledge that OpsCheck does not provide any type of legal, medical, financial, accounting, or other advice. Nothing contained in the Sites should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for professional consultation, evaluation, or treatment, and the information made available on or through the Sites should not be relied upon when making medical, legal, or financial decisions. ANY AND ALL SERVICES PROVIDED BY, IN AND/OR THROUGH THE SITES (INCLUDING BUT NOT LIMITED TO CONTENT) ARE FOR INFORMATIONAL PURPOSES ONLY.

6. Limitation of Liability

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL OPSCHECK AND ITS AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, PARTNERS AND LICENSORS (“OPSCHECK PARTIES“) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR OFFERINGS OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT OPSCHECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM ANY SITES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE OUR SITES OR CONTENT; OR (2) ANY OTHER MATTER RELATED TO OUR SITES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE OPSCHECK PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR MORE THAN THE AMOUNT RECEIVED BY OPSCHECK AS A RESULT OF YOUR USE OF OUR SITES. IF YOU HAVE NOT PAID OPSCHECK ANY AMOUNTS, OPSCHECK’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100 USD).

Exception. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OPSCHECK PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

7. Release and Indemnification

Release. You agree to release the OpsCheck Parties from any and all liability and obligations whatsoever in connection with or arising from your use of the Sites. If at any time you are not satisfied with the Sites or object to any Content or other material within or on the Sites, your sole and exclusive remedy is to immediately stop using and otherwise accessing the Sites.

Indemnification. To the maximum extent permitted by laws, you agree to indemnify and hold the OpsCheck Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with: (i) the use or inability to use our Sites or any Content and your acts or omissions relating to the Sites; (ii) your breach or violation of these Terms or any other guidelines or agreements referenced in these Terms, (iii) any information you provide to OpsCheck (including any information you provide to us as part of a contact form, account information, Feedback, or User Materials); or (iv) your violation of any rights of any third party, including privacy and intellectual property rights. OpsCheck shall promptly notify you of any such claim subject to indemnification, and you shall assume control of the defense of such claim upon OpsCheck’s request. OpsCheck reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of OpsCheck.

Release by California Residents. If you are a California resident or could otherwise claim the protections of California law, you further expressly waive the provisions of Section 1542 of the California civil code, which reads as follows: “A general release does not extend to the claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which, if known by him or her, must have materially affected his or her settlement with the debtor.” You acknowledge that you have read and understand Section 1542 of the California civil code, and you hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to your release of any claims you may have against OpsCheck.

8. Third-Party Sites; Social Media Features

As an accommodation to you and our other visitors, our Sites may contain links to third-party websites, advertisers, special offers or other events or activities (collectively, “Third-Party Sites“) that are not owned or controlled by OpsCheck. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Sites, nor do we endorse such Sites. OpsCheck does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements of third parties displayed on or transmitted via Third-Party Sites. If you access any Third-Party Sites while using the Sites, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such Third-Party Sites. You expressly relieve the OpsCheck Parties from any and all liability arising from your use of any Third-Party Sites or third-party-owned content.

The Sites may provide certain social media features that enable you to (i) link from your own or certain third-party websites to certain content on the Sites; (ii) send emails or other communications with certain content, or links to certain content, on the Sites and/or (iii) cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not (i) establish a link from any website that is not owned by you; (ii) cause the Sites (including certain portions of the Sites) to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site, (iii) otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms. We may disable all or any social media features or any links at any time without notice in our discretion.

9. Governing Law; Dispute Resolution; Class Action/Jury Waiver

(i) Governing Law: To the fullest extent permitted by law, these Terms and any claim or dispute arising out of or related to these Terms will be governed by and construed in accordance with the laws of New York without regard to its choice of laws or principles.

(ii) Limitation on Time to File Claims: YOU AGREE THAT ANY LEGAL ACTION OR PROCEEDING YOU MAY HAVE AGAINST OPSCHECK ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES WILL BE COMMENCED WITHIN TWO YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

(iii) Arbitration. For any dispute you have with OpsCheck, you agree to first contact us and make a good faith attempt to resolve it with us informally. Following that, if you still intend to initiate arbitration, you must first send OpsCheck a written Notice of Dispute (“Notice“). A Notice from you to us must be emailed to support@OpsCheck.com (the “Notice Address“). Any Notice must include (i) the claimant’s name, address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) any relevant facts regarding your use of the services; (iv) a description of the nature and basis of the specific relief sought, including the damages sought, if any; and (v) a personally signed statement by the claimant verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your specific dispute. Upon receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days. If the parties cannot reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received, a party may commence an arbitration proceeding. Compliance with the Notice requirement discussed in this paragraph is a condition precedent to initiating arbitration.

Unless resolved by mutual efforts of both parties, any disputes or claims that may arise out of or in connection with the Terms and for which either party shall seek equitable relief, as well as all differences, disputes or claims arising out of or in connection with this User Agreement or any transaction or occurrence contemplated hereby, whether based in statute, tort, contract, misrepresentation, fraud, or any other legal theory, shall be finally settled under the Commercial Rules of the American Arbitration Association (“AAA”) in the County of Monmouth, New Jersey by one or more arbitrators appointed in accordance with such rules, except that no punitive damages may be awarded. The arbitrator will hold any hearings, if needed, by teleconference or videoconference rather than requiring in-person attendance, unless either party requests an in-person hearing and the arbitrator agrees it is appropriate. If an in-person hearing is held, it will take place at a location that is reasonably convenient for both parties, taking into account ability to travel and other relevant factors. If the parties cannot agree on a location, the arbitrator will decide. The arbitrator’s decision will be consistent with these Terms of Use and will be final and binding. The arbitrator may grant temporary, interim, or permanent injunctive relief, or order specific performance under these Terms of Use, but only to the extent necessary to resolve the individual claim at issue. The arbitrator’s award may be confirmed and enforced in any court with proper jurisdiction.

(iv) CLASS ACTION AND JURY TRIAL WAIVER. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, BY ENTERING INTO THIS AGREEMENT, EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY IN ARBITRATION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. THIS MEANS THAT YOU AND OPSCHECK MAY NOT PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING BROUGHT BY ANY THIRD PARTY.

(v) Opt-out/Consent: You may opt out of binding arbitration and this class action and jury trial waiver by notifying us in writing within 30 days of your initial agreement to or acceptance of these Terms, unless a longer period is required by applicable laws. Your written notification must be delivered to us at support@OpsCheck.com within 30 days after you have accepted these Terms and must include your name, your address, and a clear statement that you do not wish to resolve disputes through arbitration.

10. Updates to These Terms

We reserve the right to modify these Terms at any time and in our absolute discretion effective upon posting. You can tell when changes have been made to these Terms by referring to the “Last Updated” legend on top of this page. If we make a change to these Terms that, in our sole discretion, is material, we will notify you as appropriate under the circumstances. We do not ordinarily provide advance notice of a minor change.

We encourage you to check these Terms every time you visit the Sites. If any provision of these terms of service or any future changes are unacceptable to you, do not use or continue to use the Sites and do not create an account. Your continued use of our Sites and/or utilization of any Sites benefits after these Terms have been updated (and after advance notice for a major change) indicates your agreement and acceptance of the updated version of these Terms.

11. General

Consent To Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with these Terms and in performing our obligations and exercising our rights under these Terms. Neither you nor OpsCheck will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.

Term and Termination. These Terms are effective unless and until terminated by OpsCheck or you. OpsCheck may, in its sole discretion, terminate your use of the Sites or any part thereof if you fail to comply with any term or provision of these Terms or if your use of our Sites poses significant risks to OpsCheck, our systems or other users of our Sites. We may also terminate, in whole or in part, at our convenience, and will endeavor to provide thirty (30) days’ notice for any such termination. You may terminate these Terms at any time by discontinuing all use of the Sites. Termination or cancellation of these Terms shall not affect any right or relief to which either OpsCheck or you may be entitled at law or in equity. Upon termination, you must terminate all use of the Sites and destroy all materials, including any Content, obtained using the Sites and all copies thereof. Following any termination or expiration, you must: (a) immediately discontinue all access and use of our Content, and (b) promptly return to us (or delete) any copies of our Content then in your possession or control.

Access from Outside of the United States. As discussed in our Privacy Policy, our Sites and the Content is hosted in the United States and is governed by the laws of the United States. By using the Sites in any way, you hereby consent to the transfer of your data and information to, and the storage and processing of such data and information in, the United States of America.

Assignment. You may not assign or otherwise transfer these Terms or any rights or obligations hereunder without OpsCheck’s prior, written consent. Any assignment in violation of this Section is null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy, any amendments and any additional agreement you may enter into with OpsCheck in connection with the Sites, shall constitute the entire agreement between you and OpsCheck concerning the Sites and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and OpsCheck with respect to such subject matter. If any portion of these Terms is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions.

Force Majeure. OpsCheck shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, telecommunications, or utilities.

No Waiver. No waiver of any term in these Terms shall be deemed a further or continuing waiver of such term or any other term, and OpsCheck’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Section Headings. The section headings appearing in these Terms have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they pertain.

Survival of Certain Provisions. Those provisions outlined here that normally would survive after you cease using the Sites and Content and all provisions indicating an ongoing obligation, which include but are not limited to Sections 1 (License to User Sites and Content); 4 (Rights to Technical Data; User Materials); 5 (Disclaimers); 6 (Limitation of Liability); 7 (Release and Indemnification); 9 (Governing Law; Dispute Resolution; Class Action/Jury Waiver), and 11 (General), shall survive any termination or expiration of these Terms, but shall not imply or create any continued right to use the Sites after the termination of these Terms.

Contact Us. All feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to support@OpsCheck.com.

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