Terms and Conditions of Use

Please Read These Terms and Conditions Before Accessing, Browsing, or Otherwise Using the Site

Your access to, and browsing, review and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and using the Site, you accept these Terms and Conditions, without limitation or qualification. If you do not agree to the Terms and Conditions, do not use the Site. If, at any time, any part of the Terms and Conditions is no longer acceptable to you, immediately terminate your use of the Site.

Right to Change, Modify, or Delete the Terms and Conditions

Opus reserves the right to change, modify, add or delete portions of the Terms and Conditions at any time, without prior notice. Please re-review the Terms and Conditions periodically for changes. Your continued use of the Site will mean that you accept such changes or deletions.

Privacy

Please refer to the Privacy Policy for information regarding the Opus’ collection, use, and storage of users’ information.

Copyright and Use of Site Content

This Site and all the information it contains, or may in the future contain, including, but not limited to, articles, podcasts, webinars, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), is the property of Opus, and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Certain of the trademarks and logos displayed on the site are owned by third parties. Except as we have described in these Terms of Use, nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of Opus or such third party that may own the trademark or copyright of material displayed on this Site.

Opus does not grant any license or other permission for links or other use of the Site or its Content if such use or link: (a) suggests that Opus promotes or endorses any third party’s causes, ideas, political campaigns, web sites, products or services, (b) copies, displays, disseminates or otherwise uses the Content without Opus’ express written consent, or (c) uses the Content for commercial purposes. Furthermore, Opus does not grant its consent for links to the Site where the linking party engages in any Prohibited Conduct (as described in these Terms of Use). We reserve the right to withdraw permission for any link at any time.

Subject to your full compliance with these terms, Opus authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.

Responses to Online Requests

From time to time, Opus may offer to provide information or materials via e-mail or otherwise to interested persons. Opus reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.

Non-Endorsement.

The Site may contain links to sites on the Internet that are owned and operated by third parties (the “External Sites”). You acknowledge that Opus is not responsible for the availability of, or the content or software applications located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites.

Third Parties

Opus may provide you with links to third party Web sites, and some of the Content appearing to originate from the Site may be supplied by third party Content providers. Opus has no responsibility for these third-party Web sites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party Content providers.

Access to and Availability of the Site

The Site may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons. You shall be solely responsible for ensuring that any information or content obtained from the Site does not contain any virus, worm, mole or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data.

Restriction, Suspension, or Termination

Opus reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service.

Opus may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any Site feature, database, or content, without prior notice or liability.

DISCLAIMER OF WARRANTIES

THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS BASED ON INFORMATION AVAILABLE AT THE DATE OF PUBLICATION WITHOUT ANY INDEPENDENT VERIFICATION. NEITHER OPUS, THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER OPUS NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES OPUS, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE  ACCURACY, RELIABILITY, COMPLETENESS OR CURRENCY OF INFORMATION IN THE CONTENT, ITS USEFULNESS IN ACHIEVING ANY PURPOSE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT. READERS ARE RESPONSIBLE FOR ASSESSING THE RELEVANCE AND ACCURACY OF THE CONTENT ON THE SITE. OPUS DOES NOT PROVIDE LEGAL, ACCOUNTING OR TAX ADVICE. READERS ARE RESPONSIBLE FOR OBTAINING INDEPENDENT ADVICE CONCERNING THESE MATTERS. OPUS HAS MADE NO UNDERTAKING TO UPDATE THE CONTENT AFTER THE DATE OF PUBLICATION, NOTWITHSTANDING THAT SUCH CONTENT MAY BECOME OUTDATED OR INACCURATE. OPUS DOES NOT PROVIDE FAIRNESS OPINIONS OR VALUATIONS OF MARKET TRANSACTIONS, AND THE CONTENT SHOULD NOT BE RELIED ON OR CONSTRUED AS SUCH. ANY EVALUATIONS, AND CONCLUSIONS CONTAINED IN THE CONTENT ARE NOT GUARANTEED BY OPUS. THE CONTENT IS NOT INTENDED TO MAKE OR INFLUENCE ANY RECOMMENDATION AND SHOULD NOT BE CONSTRUED AS SUCH BY THE READER OR ANY OTHER ENTITY. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 THAT PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MIGHT HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

LIMITATION OF LIABILITY

IT IS UNREASONABLE FOR ANY PARTY TO RELY ON THE CONTENT FOR ANY PURPOSE AND UNDER NO CIRCUMSTANCES SHALL OPUS NOR ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR BY REASON OF ANY PERSON USING OR RELYING ON THE CONTENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF OPUS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. USE OF THE SITE SHALL BE DEEMED AGREEMENT WITH AND CONSIDERATION FOR THE FOREGOING.

Indemnification

You hereby agree to indemnify, defend and hold Opus, and all of its predecessors, successors, parents, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, information providers, attorneys, representatives licensors and information providers (collectively, the “Opus Representatives”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by Opus or any Opus Representative in connection with any claim arising out of any use or alleged use by you of this site or arising out of or in relation to any breach by you of the Terms and conditions, or the representations, warranties and covenants you made by agreeing to these Terms and Conditions. Opus reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with Opus’ defense of such claim. 

Choice of Law.

The Terms and Conditions shall be construed in accordance with the laws of the State of Maine, without regard to conflict of laws principles.

Entire Agreement

The Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

No Amendment or Waiver

The Terms and Conditions may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default, unless such a waiver is in writing and signed by an authorized representative of Opus.