Welcome to the www.opi.com website (the "Site"). The Site is owned and operated by OPI Products Inc. ("OPI"). Please review the following terms and conditions carefully.
1. Acceptance of Agreement
2. Modifications to the Site
OPI reserves the right, for any reason, in its sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, features or hours of availability. OPI may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
3. User Conduct
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you will not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing, libelous, defamatory, pornographic or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false of misleading indications or origin or statements of fact.
4. Intellectual Property
You acknowledge and agree that all content and materials available on the Site, including but not limited to the OPI name and logos, are protected by intellectual property and other laws. OPI exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Site and related to the Site, and all modifications and derivative works thereof, and all intellectual property rights related thereto. Except as expressly authorized by OPI, any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the Site on any single computer for your personal non-commercial use, provided you do not: (a) modify or copy the materials; (b) use the materials for any commercial purpose or for any public display (commercial or noncommercial); (c) attempt to decompile or reverse engineer any software contained on the Site; (d) remove any copyright or other proprietary notations from the materials; (e) transfer the materials to another person; or (f) "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions.
5. User Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy, any information, data, material, comments, opinions, suggestions, remarks, ideas, concepts or other information you transmit or post to the Site ("Submitted Information") will be considered non-confidential and non-proprietary. OPI will have no obligations to you with respect to the Submitted Information, and may, at its option and without compensation to you, disclose, distribute, copy, incorporate, or otherwise use the Submitted Information for any and all commercial and non-commercial purposes.
6. User Accounts
You agree that you will provide accurate information when creating an account on the Site, and that you will keep your account information up-to-date. You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.
7. Diversion Policy
OPI is a professional, salon-only brand. Our products are manufactured for sale and distribution exclusively in salons where the use and purchase of our products are guided by the advice of salon professionals. Sale of OPI products in non-professional retail, mass, drug, and food channels, as well as any sales over the Internet, whether on auction or independently-owned sites, are prohibited by OPI contracts and long-standing company policies.
OPI does not guarantee the genuineness, quality, or freshness of its products sold outside authorized salon channels. Such products may be adulterated or misbranded and may not bear legally-required batch code or ingredient information.
Internationally, OPI assigns specific country territories to its distributers. Sales by others into those territories from other countries, whether by the Internet or otherwise, violate the rights of those distributors and interfere with our contractual relations with them, as well as with our respective rights for prospective economic advantage. Such sales, which frequently involve false declarations and illegal shipment of flammable materials via U.S. mail, violate not only U.S. Customs and U.S. Postal Service laws, but also the import laws of the country of destination. Such actions may subject both sellers and purchasers to criminal sanctions, fines, and confiscation.
9. DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. OPI DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL OPI BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF OPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL OPI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.
13. Linking Restrictions
You may provide a hypertext link to the Site on another website, provided that: (a) the link must be a text-only link clearly marked "OPI Home Page" and only go to the Site's home page; (b) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with OPI's name and trademarks; (c) the appearance, position and other aspects of the link may not create the false impression that an entity is associated with or sponsored by OPI; (d) when activated by a user, the link must display the Site full-screen and not within a "frame" on the linked website; and (e) OPI reserves the right to revoke its consent to the link at any time in its sole discretion.
14. Choice of Law; Forum
Except as explicitly stated otherwise, any notices shall be given by email to OPI at firstname.lastname@example.org or to you at the email address you provide to OPI. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
16. General Provisions
17. Contact Information
OPI Products Inc.
Attn. Legal Departmentt
13034 Saticoy Street
North Hollywood, CA 91605