OP3N Terms of Service

About The Parties

Welcome to OP3N, owned and operated by OP3N, LLC (“OP3N,” “we,” “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of the OP3N website(s), our APIs, mobile applications (“App”), and any live support, software, tools, features, or functionalities provided on or in connection with our services (collectively, the “Service”).

For purposes of these Terms, “you”, and “your” mean you as the user of the Service. If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

About These Terms

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN THE SPECIAL ARBITRATION PROVISION FOR UNITED STATES OR CANADA USERS SECTION BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER FOR UNITED STATES AND CANADA USERS WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.

BY CLICKING TO ACCEPT, SIGN, OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

About Our Services

We provide, and always strive to improve, ways for you to communicate with other OP3N users including through messages and comments; sending images, video, and other media; and creating, sharing, buying, or selling content, services, and products.

Access To Our Services. To operate our global Services, we need to store and distribute content and information in data centers and systems around the world, including outside your country of residence. The use of this global infrastructure is necessary and essential to provide our Services. This infrastructure may be owned or operated by our service providers.

Registration. You must register for our Services using accurate information. You agree to take the necessary steps to confirm your registration, which may include verifying an email address or phone number or providing supplemental information. You agree to receive emails, text messages, or phone calls from us or our third-party providers with codes to register for our Services.

Age. If you live in a country or territory in the European Region, you must be at least 16 years old to use our Services or such greater age required in your country or territory to register for or use our Services without parental approval. If you live in any other country or territory except those in the European Region, you must be at least 13 years old to use our Services or such greater age required in your country or territory to register for or use our Services without parental approval.

Devices And Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services.

Communications. You also consent to our sending you notifications via email, SMS, or our Services from time to time, as necessary to provide our Services to you.

Fees And Taxes. You are responsible for all carrier data plans, internet fees, and other fees and taxes associated with your use of our Services.

Op3n’s Privacy Policy describes our data practices, including the types of information we collect about you, how we use and share this information, and your rights in relation to the processing of information about you.

Acceptable Use Of Our Services

Our Terms And Policies. You must comply with our Terms and policies when using our Services. If you violate our Terms or policies, we may take action with respect to your account, including restricting, disabling, or suspending your account. If we restrict, disable, or suspend your account, you agree not to create another account without our permission. Disabling or suspending your account will be in accordance with the "Termination" section below.

Legal And Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of OP3N, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; or (e) involve sending illegal or impermissible communications, such as bulk messaging or other spam.

Harm To OP3N Or Our Users. You must not (or assist others to) use, access, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services directly or indirectly, through automated or other means, in impermissible or unauthorized manners or in ways that burden, impair, or harm us, our Services, systems, our users, or others. For example, you must not: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, confidentiality, integrity, availability or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect information of or about our users in any impermissible or unauthorized manner including scraping publicly available information; (g) sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorized manner; or (h) misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.

Keeping Your Account Secure. You are responsible for keeping your device and your OP3N account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

E-Commerce

Our Services may allow you to purchase goods or services from OP3N or our users.

Sales are made by the seller identified at the time of sale. If no seller is identified, then the seller is OP3N. If you have questions about your order, please contact the seller at the address provided and they will assist you.

GENERAL PROVISIONS

OP3N is not a party to any agreement between any users, including a purchase you make from a third-party such as other OP3N users. OP3N does not make any representations or warranties about products or services offered by third parties. You bear full responsibility for verifying the identity, legitimacy, and authenticity of products or services that you purchase from third-party sellers using the Services.

When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards.

When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by you. For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the goods may not conform to destination country voltage, requiring use of an adapter or converter. You are responsible for assuring the goods can be lawfully imported to the destination country. When ordering from OP3N, the recipient is the importer of record and must comply with all laws and regulations of the destination country.

We reserve the right to refuse to transmit, execute, or otherwise assist with any order placed on our Services, or to limit such orders. Some situations that may result in your order being refused include system or typographical errors, inaccuracies in product or pricing information or product availability, or problems identified by our credit or fraud departments. We also may require additional verification or information before assisting with an order.

We have made every effort to display as accurately as possible the colors and styles of products that appear on our Services. We cannot guarantee that the display of any color or style on your computer or mobile device will be accurate.

All prices, discounts, and promotions we post are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be available in your order history and sent to you by email if you have provided an email address. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation. We may offer, from time to time, promotions on our Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

We do not manufacture or control any of the products or services offered for sale on our Services. The availability of products or services through our Services does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Services. See the “Disclaimers and Release” section below for more information. However, the products and services offered on our Services may be covered by the manufacturer's warranty as included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

ADDITIONAL PROVISIONS FOR OP3N’S SALE OF GOODS

You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. Title and risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.

You may have the right to cancel an order placed for a product sold by OP3N. Please read the return policy carefully so you understand your right of cancellation. For products sold by third-parties please review their return policy.

Third-Party Services

OP3N is not a party to any agreement between you and third-parties, including other users.

Our Services may allow you to access, use, or interact with third-party websites, apps, content, or other products and services. For example, you may choose to sign into OP3N using a third-party service. These Terms and our Privacy Policy apply only to the use of our Services. When you use third-party products or services, their own terms and privacy policies will govern your use of those products or services. Similarly, if you transact on OP3N with a third party for the provision of services, your agreement with the other party will govern the transaction, while OP3N’s Terms and Privacy Policy will apply to the provision of our Services solely as they relate to the transaction.

OP3N does not make any representations or warranties about third-party content visible through our Service, including any content associated with NFTs displayed on the Service. We make no claims, guarantees, or recommendations about the identity, legitimacy, functionality, or authenticity of users, products, third-party services visible on, or third-party claims made on our Services. We also cannot guarantee that any content visible on OP3N will always remain visible and/or available to be bought, sold, or transferred. Users are solely responsible for any content they create, publish, or list on OP3N.

Licenses

Your Rights. OP3N does not claim ownership of the information that you submit for your OP3N account or through our Services. You must have the necessary rights to submit information for your OP3N account or through our Services and the right to grant the rights and licenses in our Terms.

OP3N’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, or other intellectual property rights unless you have our express permission.

Your License To OP3N. In order to operate and provide our Services, you grant OP3N a worldwide, perpetual, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, create, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services such as to allow us to display your account information, transmit your messages, and display your content.

OP3N’s License To You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Other Users. You acknowledge and agree that other users with access to the information (including the content) that you upload, submit, store, create, send, or receive on or through our Services could use this content and agree that the “Disclaimers and Release” section shall apply in these instances.

Intellectual Property Policy

We take claims of intellectual property infringement seriously. We make it easy to report any infringing content where it appears and respond vigorously to these reports. Please read the following copyright policy closely to ensure that your reports provide us with the necessary information to take down infringing content. For trademarks, publicity rights, or other intellectual property, please follow the same reporting process outlined below and we will take similar appropriate action.

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

We respond to all notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Services infringe your copyright, you may request removal of those materials (or access to them) from our Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works in the Services, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

OP3N, LLC

Attn: OP3N Copyright Agent

8445 Santa Monica Blvd.

West Hollywood, CA 90069

(888) 515-OP3N

support@exploreopen.com

If you fail to substantially comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity in the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

COUNTER NOTIFICATION PROCEDURES

If you believe that material you posted in the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which our Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

We may restore the removed content if the party filing the original DMCA Notice does not file a court action within ten business days of receiving a copy of your Counter Notice.

If you knowingly and materially misrepresent that material or activity in the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

REPEAT INFRINGERS

It is our policy to disable or terminate the accounts of repeat infringers when appropriate.

Disclaimers And Release

YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD-PARTIES, OR USE OF INFORMATION BY THESE PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “OP3N PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, DISPUTE, OR DAMAGES (TOGETHER, “CLAIM”), KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD-PARTIES.

ALL PRODUCTS AND SERVICES WE OFFER IN CONNECTION WITH THE LISTING OR SALE OF GOODS OR SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

IF YOU ARE A UNITED STATES RESIDENT, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

YOUR RIGHTS WITH RESPECT TO THE OP3N PARTIES ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OR TERRITORY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT.

Liabilities

THE OP3N PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES (HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE), EVEN IF THE OP3N PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE OP3N PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

If you live in the European Region, OP3N is liable only to the following extent: OP3N is liable without limitation in accordance with the statutory provisions for damages resulting from injury to life, body or health; in the case of intent; in the case of gross negligence; and in accordance with applicable law such as the Product Liability Directive. OP3N will exercise professional diligence in providing the Services to you. Provided that we have acted with professional diligence, OP3N does not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; actions of third parties including other users; and events beyond our reasonable control.

To the extent allowed by applicable law, you’ll indemnify OP3N and its directors, officers, employees, and contractors for any legal or equitable claims brought by third-parties whether or not in a court of law (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees. If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms.

Dispute Resolution

Forum And Venue. If you are an OP3N user located in the United States or Canada, the "Special Arbitration Provision For United States Or Canada Users" section below applies to you. If you are not subject to the "Special Arbitration Provision For United States Or Canada Users" section below, you agree that any claim or cause of action you have against OP3N relating to, arising out of, or in any way in connection with our Terms or our Services, and for any claim or cause of action that OP3N files against you, you and OP3N agree that any such claim or cause of action (each, a “Dispute,” and together, “Disputes”) will be resolved exclusively in the United States District Court for the Northern District of California or a state court located in San Mateo County in California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or cause of action, and the laws of the State of California will govern any such claim or cause of action without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in our sole discretion, we may elect to resolve any Dispute we have with you that is not subject to arbitration in any competent court in the country in which you reside that has jurisdiction over the Dispute.

Governing Law. The laws of the State of California govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between OP3N and you, without regard to conflict of law provisions.

Time Limit To Bring A Claim Or Dispute. THESE TERMS ALSO LIMIT THE TIME YOU HAVE TO BRING A CLAIM OR DISPUTE, INCLUDING THE TIME TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION OR SMALL CLAIMS PROCEEDING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. We and you agree that for any Dispute (except for the Excluded Disputes defined below) we and you must bring Claims (including commencing an arbitration proceeding) within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not bring a Claim (including commencing an arbitration) within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.

Availability And Termination Of Our Services

Availability Of Our Services. We are always trying to improve our Services. That means we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Termination. Although we hope you remain an OP3N user, you can terminate your relationship with OP3N anytime for any reason by deleting your account.

Our right to terminate for cause remains unaffected. Good cause shall be deemed to exist if one party violates laws, our rights, third-party rights, or otherwise breaches these Terms, and the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of any legally-required notice period, taking into account all circumstances of the individual case and after weighing the interests of both parties. A termination for good cause is only possible within a reasonable period of time after a breach has come to the knowledge of the other party.

If the important reason is a violation of an obligation of these Terms, termination is only permissible after the unsuccessful expiration of a granted remedy period or after an unsuccessful warning. However, this does not apply if the party in breach seriously and finally refuses to fulfill its obligations or if, after weighing the interests of both parties, special circumstances justify immediate termination.

In accordance with this "Termination" section, we may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others. We may also disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time. If you delete your account or we delete or disable it, these Terms will end as an agreement between you and us, but the following provisions will survive any termination of your relationship with OP3N: "Licenses," "Disclaimers And Release," "Limitation Of Liability," "Dispute Resolution," "Availability And Termination Of Our Services," and "Other.” If you believe your account's termination or suspension was in error, please contact us at support@exploreopen.com.

Other

Unless a mutually executed, written agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding OP3N and our Services, and supersede any prior agreements.

Any amendment to or waiver of our Terms proposed by you requires our express consent.

We reserve the right to designate in the future that certain of our Services are governed by separate terms (where, as applicable, you may separately consent).

Our Services are not intended for distribution to or use in any country or territory where such distribution or use would violate local law or would subject us to any regulations in another country or territory. We reserve the right to limit our Services in any country or territory.

You will comply with all applicable United States and non-United States export control and trade sanctions laws ("Export Laws"). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, territory, or country prohibited by Export Laws; (b) to anyone on United States or non-United States government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country or territory, if you are currently listed on any United States or non-United States restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.

We are constantly working to improve our Services and develop new features to make our products even better for you and our community. Therefore, we may need to update these Terms from time to time to reflect our Services and practices correctly. We will only make changes if the provisions are no longer appropriate or incomplete. Where required by law, we will provide you advance notice of changes to our Terms (e.g., by e-mail, through the Services, or by updating the “last updated” date at the top of these Terms), which will give you the opportunity to review the revised Terms before they become effective, and we will ensure that any such changes are reasonable for you, taking into consideration your interests. Changes to these Terms shall become effective no sooner than after the expiration of any legally-required notice period. Once updated Terms come into effect, you will be bound by them if you continue to use our Services. We hope you will continue using our Services, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account.

All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise. In the event of such an assignment, we will only transfer your information in compliance with applicable laws, and ask for your consent where required; these Terms will continue to govern your relationship with such third-party. We hope you will continue using WhatsApp, but if you do not agree to such an assignment, you must stop using our Services by deleting your account after having been notified about the assignment.

You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

Nothing in our Terms will prevent us from complying with the law.

Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

If we fail to enforce any of our Terms, it will not be considered a waiver.

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed amended to the minimum extent necessary to make it enforceable, and if it cannot be made enforceable, then it shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.

We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract. Also, in certain jurisdictions, you may have legal rights as a data subject, and our Terms are not intended to limit such rights that may not be waived by contract.

We always appreciate your feedback or other suggestions about OP3N and our Services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any restriction or obligation to compensate you for them.

Special Arbitration Provision For United States Or Canada Users

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU ARE AN OP3N USER LOCATED IN THE UNITED STATES OR CANADA, YOU AND WE AGREE TO SUBMIT ALL DISPUTES TO BINDING INDIVIDUAL ARBITRATION, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU WAIVE YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. FINALLY, YOU MAY BRING A CLAIM ONLY ON YOUR OWN BEHALF, AND NOT ON BEHALF OF ANY OFFICIAL OR OTHER PERSON, OR CLASS OF PEOPLE. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN, OR HAVE YOUR DISPUTE HEARD AND RESOLVED AS, A CLASS ACTION, A CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.

"Excluded Dispute" means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents) or efforts to interfere with our Services or engage with our Services in unauthorized ways (for example, automated ways). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.

Federal Arbitration Act. The United States Federal Arbitration Act governs the interpretation and enforcement of this "Special Arbitration Provision For United States Or Canada Users" section, including any question whether a Dispute between OP3N and you is subject to arbitration.

Agreement To Arbitrate For OP3N Users Located In The United States Or Canada. For OP3N users who live in the United States or Canada, OP3N and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. OP3N and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. OP3N and you agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms.

Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your (a) name; (b) residence address; (c) username; (d) email address or phone number you use for your OP3N account; (e) a detailed description of the dispute; and (f) the relief you seek. Any Notice of Dispute you send to us should be mailed to OP3N, LLC Arbitration Filing, 8445 Santa Monica Blvd, West Hollywood CA 90069-4491, United States. Before we commence arbitration, we will send you a Notice of Dispute to the email address you provide, or other appropriate means. If we are unable to resolve a dispute within sixty (60) days after the Notice of Dispute is received, you or we may commence arbitration.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. Issues relating to the scope and enforceability of the arbitration provision are for a court to decide. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.

Opt-Out Procedure. You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (a) the date that you first accepted our Terms; and (b) the date you became subject to this arbitration provision. You must use this address to opt-out: OP3N, LLC Arbitration Opt-Out, 8445 Santa Monica Blvd, West Hollywood CA 90069-4491, United States. You must include: (i) your name and residence address; (ii) the mobile phone number associated with your account; and (iii) a clear statement that you want to opt out of our Terms’ agreement to arbitrate.

Small Claims Court. As an alternative to arbitration, if permitted by your local “small claims” court’s rules, you may bring your Dispute in your local “small claims” court, as long as the matter advances on an individual (non-class) basis.

No Class Actions, Class Arbitrations, Or Representative Actions For Users Located In The United States Or Canada. We and you each agree that if you are an OP3N user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute. If there is a final judicial determination that any particular Dispute (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that Dispute (or only that request for relief) may be brought in court. All other Disputes (or requests for relief) remain subject to this provision.

Place To File Permitted Court Actions. If you opt out of the agreement to arbitrate, if your Dispute is an Excluded Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be subject to the applicable provision in the “Dispute Resolution” section set forth above.