LAST UPDATED: Monday, October 5, 2020
INTRODUCTION
Welcome to Morris Eyecare Associates doing business as Optical Order Tracker (hereinafter referred to as “Optical Order Tracker”, “we”, “us”, or “our”), we are a company based in the United States. These Terms and Conditions (“Agreement”) regulate the use and access of our website accessible via https://www.opticalordertracker.com/ and the services provided through the website and through our software, APIs, or otherwise and mobile website and mobile applications related, linked, or otherwise connected thereto (collectively the “Services”).
This Agreement, our Privacy Policy, and other additional terms we make available on the Services from time to time (collectively “Terms”) set out the legal obligation vis-à-vis terms and conditions our users (hereinafter referred to as (“you”, “your”) (each a “Party” to the contract and collectively, the “Parties”) interaction and usage of the Services. This document includes a mandatory arbitration provision and regulates the resolution of any dispute which may arise between you and us as a result of using our Services. Any documents including invoices in relation to this Agreement shall be construed as part of this Agreement.
ACCEPTANCE
By clicking on “I accept” or signifying your consent otherwise for accepting these Terms, you hereby declare to be authorized to enter this Agreement. By entering this Agreement, you understand that you will adhere to these Terms and all other operating rules, policies, and procedures that may be issued periodically on the Services by us, each of which is incorporated by reference periodically by us. You acknowledge and agree that these Terms shall become legally binding solely once we approve your request for our Services and receive payments (including Service Fee and any applicable Set Up Fee laid down in this Agreement and other amounts) from you.
DISCLAIMER: PLEASE NOTE THAT CONTACTING US AND PLACING A REQUEST DOES NOT GUARANTEE WE WILL PROVIDE OUR SERVICES TO YOU. WE RESERVE THE RIGHT TO REFUSE SERVICES TO ANYONE FOR ANY REASON. WE WILL PROVIDE OUR SERVICES TO YOU AFTER ANALYZING YOUR REQUIREMENTS, GIVING OUR EXPLICIT APPROVAL AND RECEIVING PAYMENTS FROM YOU AS SPECIFIED IN THIS AGREEMENT.
THE TERMS OF SERVICE
Our Offering: We offer an easy to integrate order tracking solution which we will seamlessly incorporate with your EHR. We provide an easy to use interface that will provide a smooth workflow so that your business becomes more efficient, and you are able to better serve your clients.
How to license our Services and their cost: You can license our services by placing a request with us. Please reach us by filling the “Contact Us” form present on the Services. We will contact you as soon as we can and proceed accordingly. When we approve your request for licensing our Services, you shall be required to pay an amount not less than the service fee as specified on the Services (“Service Fee”). You hereby authorize us to charge the payment method you provide us subject to your approval (Your approval for charging your payment method shall be deemed to be received by us once you make the transaction to license our Services through our provided payment gateways or other modes of payments we accept from time to time). The subscription plans specified on the Services are solely for indicative purposes, and extra charges (“Set Up Fee”) may apply depending upon the nature and complexity of your requirements. Please note that the prices indicated on the Services are subject to change in our discretion, and we will endeavor to inform you of any changes. However, you shall also make reasonable efforts to be aware of any price changes. Unless otherwise provided by us in writing, charges mentioned above in this section do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessed by any local, state, provincial or foreign jurisdiction (collectively "Taxes"). You are responsible for paying Taxes except those assessable against us based on our income.
When Set Up Fee applies: Depending upon your requirements, an extra Set Up Fee may apply. We will inform you in the event we determine that a set-up fee will be required.
ELIGIBILITY
To use our Services, you must:
Be at least of the age of majority and not disqualified from entering into contracts under any law; agree to our Terms; and provide true, complete, and up to date legal and contact information
You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with.
By using the Services, you represent and warrant that you will use Services only for non-commercial purposes.
By using the Services, you represent and warrant that you meet all the requirements listed above and that you will not use Services in a way that violates any laws or regulations. Optical Order Tracker may refuse Services and change eligibility requirements at any time.
By accepting these Terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Services. If you do not meet any of the conditions stated herein, you shall not access/use the Services and must cease to be a user of our Services.
PERSONAL DATA
To provide you with the Services as mentioned in these Terms it is required that we collect basic information, which may include your clinic’s/business name, point of contact’s name, email, phone number, name of your EHR provider (“Personal Data”). You agree that your Personal data is collected by us through your consent.
TERM
The Term of subscription to our Services commences as soon as we approve your request and receive payments (as laid down in this Agreement) for our Services and continues as long as you use the Services. Receiving our approval and paying for the Services means you have officially agreed to our Terms.
SUBSCRIPTION TERMS
After successfully opting to our Services (whether you opt for a month to month payment type twelve-month duration plan, upfront payment type twelve-month duration plan or other duration plans subject to availability) you may cancel your subscription to our Services at any time during the Term of your opted subscription. If you cancel your subscription to our Services before the expiry of a subscribed plan, you will receive our Services until the expiration date of your opted subscription plan.
For instance, if you opt for a upfront payment type twelve-month duration plan (complete payment made upfront) on the 1st of January 2020 and cancel your subscription on the 1st of July 2020, you will be entitled to receive our Services till the expiry of the duration of your subscription or until 1st of January 2021.
If you opt for a month to month payment type twelve-month duration plan (payments made at the end of every month), you will receive our Services until the end of the month in which you cancelled your subscription and, you will not be required to pay for our Services nor will you be entitled to receive our Services for the remainder of your subscription duration. For example, if your month to month type subscription commences on the 1st of January 2020 and you cancel your subscription on the 2nd of July 2020, you will receive our Services till the 31st July 2020. You will not be required to pay for our Services after 31st of July 2020 and your subscription to our Services shall stand cancelled.
In the event you do not wish to continue using our Services, you can cancel your subscription to our Services by contacting us via email at support@opticalordertracker.com. If you do not cancel your subscription to our Services, your subscription will be automatically renewed. For example, If you opt for a month to month type payment plan on 10th June 2020, you will be charged applicable amounts on 10th June 2020, 10th July 2020, 10th August 2020 etc., unless you cancel your subscription to our Services. If you opt for a yearly plan on 10th June 2020, you will be charged applicable amounts on the 10th June 2021 unless you cancel your subscription to our Services.
Notwithstanding anything in this Agreement, you will not be entitled to receive our Services in the event termination of your subscription to our Services is due to the reasons mentioned in Section 14 of these Terms and Conditions.
REFUND TERMS
In the event you are not satisfied, you will be able to cancel your subscription to our Services by contacting us.
WE DO NOT PROVIDE ANY REFUNDS IN THE EVENT YOU CANCEL YOUR SUBSCRIPTION TO OUR SERVICES AT ANY POINT OF TIME. YOU WILL CONTINUE TO RECEIVE OUR SERVICES UNTIL THE EXPIRY OF YOUR SUBSCRIPTION TO OUR SERVICES IN ACCORDANCE WITH SECTION 7.
Your opted subscription plan will automatically be cancelled due to nonpayment of any fees due to us (as laid down in this Agreement). Notwithstanding anything in this Agreement, you shall not be entitled to any refunds unless approved by us explicitly in writing.
ACCOUNT CREATION; ACCURATE INFORMATION
When we approve your request for our Services and receive payment as specified in this Agreement, and after the integration of our Services with your business, we will accordingly create an account and provide a temporary password to access your user account (“Account”). Please change your temporary Account password immediately after logging in.
For continuous access to our Services, it is suggested that you provide us with accurate, complete, and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of our Services and termination subsequently.
You agree not to misrepresent yourself as someone else by providing Personal Data of another person or body corporate;
You are solely liable and responsible for any activity that occurs on your Account. You agree and understand that you shall not share your user account password with anybody or do any such act which promotes unauthorized use of your Account. You shall take all measures to protect your password, including but not limited to, restricting the use of your personal device.
You must notify us immediately of any change in your eligibility to use the Services, breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either through the Services or by placing a request with us.
You agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as legal notice and meet all the legal notice requirements.
PROHIBITED ACTIVITIES
As a user of the Services, you agree not to:
systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Services Content or enforce limitations on the use of the Services and/or the Services Content or Content contained therein.
engage in unauthorized framing of or linking to the Services.
make improper use of our support services or submit false reports of abuse or misconduct.
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
sell or otherwise transfer your Account.
use the Services as part of any effort to compete with us or otherwise use the Services and/or the Services Content for any revenue-generating endeavor or commercial enterprise.
attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
delete the copyright or other proprietary rights notice from any Services Content.
copy or adapt the Service’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, or modify, impair, disrupts, alter, or interfere with the use, features, functions, operation, or maintenance of the Services.
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use the Services in a manner inconsistent with any applicable laws or regulations.
LICENSE
Subject to the Terms mentioned herein, Optical Order Tracker gives you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the Services (and other items displayed on the Services for download) only for purposes of using the Services in accordance with these Terms and for the duration of the Term as may apply depending upon your choice of subscription plan chosen. It is expressly prohibited without the prior express permission from Optical Order Tracker to use, reproduce, modify, distribute, or store any content for purposes other than using the Services consistent with these Terms herein.
INTELLECTUAL PROPERTY RIGHTS
The Service contains Intellectual Property of Optical Order Tracker in the form of content, graphics, videos, audios, text, and any other digital content (“Services Content”). This is an agreement for the use of Services, and you are not granted a license to any Services Content under these Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services; (ii) remove any proprietary notices or labels from the Services Content; reproduce or copy the Services Content or any part thereof; (iii) modify, translate, or create derivative works based on the Services Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; or (vii) allow third parties to gain access to the Services or to Services Content in any manner other than as expressly permitted in these Terms.
You acknowledge and agree that the Services, the names, and logos and all related products and names, design marks and slogans, and all other material comprising the Services, are the property of Optical Order Tracker or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Optical Order Tracker. Your use of the Services confers no title or ownership in the Services or the Marks and is not a sale of any rights in the Services or the Marks. All ownership rights remain in Optical Order Tracker or its third-party suppliers, as the case may be.
You acknowledge and agree that any comments, ideas and/or reports provided to us (“Feedback”) shall be the property of Optical Order Tracker and you hereby irrevocably transfer and assign to Optical Order Tracker such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
It is our policy to limit access to our Services of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your account. If you find that anything on our Services infringes any copyright that you own or control, please contact us using the information provided in Section 22.
THIRD-PARTY SERVICES.
The Services provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Services. Also, content may contain links to other websites, services, or resources on the Internet. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between us and their operators. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
TERMINATION.
Either Party may terminate this Agreement on the occurrence of any of the following events;
Immediately, if the Party is declared insolvent or bankrupt or is unable to pay its debts or makes a composition with its creditors;
Immediately, if the Party is dissolved or wound up compulsorily or if an order made or an effective resolution is passed for the winding up of such Party;
In case of any material breach of this Agreement, after giving one-month prior written notice to the other Party to rectify such breach and the Party in breach is unable to rectify such breach within such one-month time.
Either Party may terminate this Agreement for convenience at any time with one month’s prior written notice.
In the event of any termination of this Agreement, you shall promptly and forthwith make payments of all the fees accrued or due to us.
We reserve the right to terminate this Agreement at any time for any reason including without limits any non-payment of any charges as specified in this Agreement.
After termination as specified herein, you shall not be able and nor shall you use the Services and hereby undertake to uninstall all (including without limits) software and API in connection with the Services from all of your devices used to access the Services. We will delete all your Account related information and do not guarantee that you will be able to access your Account “as it was” prior to its termination in the event you license our Services again.
RELEASE.
To the maximum extent permissible by applicable law, you hereby absolutely release Optical Order Tracker and its affiliates as well as all other users of the Services from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence, that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Services, including any disputes which may arise between users and the acts or omissions of third parties.
WARRANTY DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. OPTICAL ORDER TRACKER, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES ARE OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE SERVICES IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE SERVICES PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE SERVICES SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE SERVICES.
INDEMNIFICATION.
You acknowledge and agree that, you shall at all times defend, indemnify, and hold harmless us, our affiliates and each of our and our affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Services; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal data; (d) infringement by you (or any third party using your Account or identity in the Services) of any intellectual property or other rights of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defenses at your expense, including reasonable attorneys’ fees incurred by us.
LIMITATION OF LIABILITY.
THE USE OF THE SERVICES OFFERED BY US IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE SERVICES FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE SERVICES, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE SERVICES, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OR GREATER THAN ANY FEES PAID BY YOU FOR USING OF PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. NOTHING IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.
GOVERNING LAW AND DISPUTE RESOLUTION
The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of Illinois, United States applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of the courts in Illinois, with respect to any matter or claim, suit, action, or proceeding arising under or related to these Terms.
Any dispute concerning the subject matter of these Terms, or the breach, termination, or validity thereof (a “Dispute”) will be settled exclusively in accordance with the procedures set forth herein. The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within fifteen (15) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be as may be mutually decided by the Parties. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.
MODIFICATION.
We shall have the right to make unilateral modifications or replace any of the Terms, or suspend, change, or discontinue the Services (including but not limited to, the availability of any featured content, or database,) at any time or instance by posting a notice through the Services. We may also do so by sending you a notice via email, via the Services, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may, if required to do so, restrict your access to parts or all of the Services without notice or liability. We endeavor to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications.
When you continue to use the Services after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms in effect at the time of such use.
MISCELLANEOUS
Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Services. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written, or electronic) between you and us with regards to the Services. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Electronic signatures. The Parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “Electronic Signature” shall include signature made through third-party document signing platforms and APIs, faxed versions of an original signature or electronically scanned and transmitted versions (e.g., via pdf) of an original signature.
Survival. The terms that by their nature ought to survive the termination of this Agreement, shall survive.
Relationship of the parties. You and Optical Order Tracker are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship with you nor any fiduciary duty.
Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third-party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
Assignment. You agree that these Terms are personal to you, and are not assignable, transferable, or sublicensable by you. We reserve the right to assign, transfer, or delegate any of our rights and obligations hereunder without obtaining consent.
Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Terms. Notices to us shall be sent by email to support@opticalordertracker.com. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
Interpretation. The headers are provided only to make these Terms easier to read and understand.
CONTACT.
You may get in touch with us via email: support@opticalordertracker.com.