Terms of Use
Last updated: March 20, 2023
Please read these Terms of Use carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following
conditions. The following definitions shall have the same meaning regardless of whether they appear
in singular or in plural.
Definitions
For the purposes of these Terms of Use:
-
Account means a unique account created for You to access our Service or
parts of our
Service.
-
Affiliate means an entity that controls, is controlled by or is under common
control with a party, where "control" means ownership of 50% or more of the
shares, equity interest or other securities entitled to vote for election of directors or
other managing authority.
-
Company (referred to as either "the Company", "We",
"Us" or "Our" in this Agreement) refers to OPESWAY INC, registered in
Washington State.
-
Country refers to: Washington State, United States.
-
Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
-
Service refers to the Website.
-
Subscriptions refer to the services or access to the Service offered on a
subscription basis
by the Company to You.
-
Terms of Use (also referred as "Terms") mean these Terms of Use
that form the entire agreement between You and the Company regarding the use of the Service.
-
Third-party Authentication Service means any services or content (including
data, information, products or services) provided by a third-party that may be displayed,
included or made available by the Service.
-
Website refers to Opesway.com, accessible from https://www.opesway.com
-
You means the individual accessing or using the Service, or the company, or
other legal entity on behalf of which such individual is accessing or using the Service, as
applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates
between You and
the Company. These Terms and Conditions set out the rights and obligations of all users regarding
the use of the
Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these
Terms and
Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the
Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You
disagree with any part
of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 13. The Company does not permit those under 13 to open the
Account.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with
the Privacy
Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection,
use and
disclosure of Your personal information when You use the Application or the Website and tells You
about Your privacy
rights and how the law protects You. Please read Our Privacy Policy carefully before using Our
Service.
Subscriptions
Subscription period
Some parts of the Service are available only with a paid Subscription. You will be
charged on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on
the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions
unless You cancel it or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal through Your payment vendor (such as PayPal).
You will not receive a refund for the fees You already paid for Your current Subscription period and
You will be able to access the Service until the end of Your current Subscription period.
Billing
To secure Your Subscription transaction, You shall provide Your payment vendor with accurate and
complete billing information including full name, address, state, zip
code, telephone number, and a valid payment method information.
Should automatic payment fail to occur for any reason, the Company will cancel Your future
Subscription and future fee charges.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any
Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with no-less-than-60-day notice of any change in Subscription fees to
give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes
Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis
and granted at the
sole discretion of the Company.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and
current at all
times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination
of Your account
on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any
activities or
actions under Your password, whether Your password is with Our Service, a Third-Party Authentication
Service (such as Signing in with Google).
You agree not to disclose Your password to any third party. You must notify Us immediately upon
becoming aware of any
breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available
for use, a name
or trademark that is subject to any rights of another person or entity other than You without
appropriate
authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and
functionality
are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign
countries.
Our trademarks and trade dress may not be used in connection with any product or service without the
prior written
consent of the Company.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled
by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or
practices of
any third party web sites or services. You further acknowledge and agree that the Company shall not
be responsible
or liable, 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 web
sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web
sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any
reason whatsoever, including without limitation if You breach these Terms of Use. If
we terminate or suspend Your access at our discretion, we will refund Your paid, unexpired
Subscriptions of our service.
Upon termination, Your right to use the Service will cease immediately.
No Individual Investment Advise
The Website and any calculation, assumptions, opinions, news, research, analysis, quote or
other information contained therein, is for informational and educational purposes only and does
not constitute investment advice. The Website does not provide individual or
customized legal, tax, accounting, financial or investment advice and you should not construe
any information provided by the Website
as such advice. Since each individual's situation is unique, a licensed professional should be
consulted before making critical financial decisions. You acknowledge that you enter into any
transactions relying on your own judgment and that you are fully responsible for any investment,
trading decisions, asset and liability management you make, and such actions should be
based solely on your evaluation of your financial circumstances, investment or trading
objectives, risk appetite and tolerance, and liquidity needs. Nothing contained in the Website
constitutes a solicitation, recommendation, endorsement, guarantee, or offer by the Company or
any third party service
provider to buy or sell any securities or other financial instruments in any jurisdiction in
which such solicitation or
offer would be unlawful under the securities laws of such jurisdiction. In no event shall
the Company be held liable for losses incurred in connection with any decision made by any party
based on information provided verbally, in writing or via the internet by our employees or
representatives, or any delays, inaccuracies, errors, or omissions in or relating to such
information.
Investment Risk Warnings
All investments carry some degree of risk. Past performance may not indicate the future results.
Therefore,no current or prospective client should assume that future performance of any specific
investment strategy, trading tactics, asset allocation, product or forecast made
reference to directly or indirectly by
the Website or the Company is guaranteed, profitable all the time, or equal the corresponding
indicated performance level.
There are risks associated with investing in securities which may not be suitable for everyone.
Investing in stocks, bonds, exchange traded funds, mutual funds, futures, options, currency
markets and money market funds involve large potential for reward, but also a risk of loss or
part or all of your principal. If you are trading futures or options, there is a chance that
your account can go
negative, and that you will end up owing money to your broker. Past investment performance is
not a guarantee
or predictor of future investment performance. The Company does not make any guarantee or other
promise
as to any results that may be obtained from using the Website. No one should make any
investment decision without first consulting his or her own financial advisor, or conducting his
or her own research and due diligence.
Any hypothetical example on the Website is not intended to be indicative of any specific
investment. Hypothetical
results are for illustrative purposes only and are not intended to represent the past or future
performance of any specific investment. Past performance is no guarantee of future success.
By accessing, visiting, or using the Website in any way, You acknowledge the risks
involved in trading any kind of securities and that You, not Opesway, Inc., are solely
responsible for any financial or other losses, as a result of using the Website. To the maximum
extent permitted
by law, Opesway, Inc. disclaims any and all liability in the event any information, research,
commentary, analysis, opinions, advice and/or recommendations prove to be
inaccurate, incomplete or unreliable, or result in any investment, financial or other losses.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its
suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall
be limited to the amount actually paid by You through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be
liable for any special, incidental, indirect, or consequential damages whatsoever (including, but
not limited to, damages for loss of profits, loss of data or other information, for business
interruption, for personal injury, loss of privacy arising out of or in any way related to the use
of or inability to use the Service, third-party software and/or third-party hardware used with the
Service, or otherwise in connection with any provision of this Terms), even if the Company or any
supplier has been advised of the possibility of such damages and even if the remedy fails of its
essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for
incidental or consequential damages, which means that some of the above limitations may not apply.
In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and
defects without warranty of any kind. To the maximum extent permitted under applicable law, the
Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors
and service providers, expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of merchantability, fitness
for a particular purpose, title and non-infringement, and warranties that may arise out of course of
dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the
Company provides no warranty or undertaking, and makes no representation of any kind that the
Service will meet Your requirements, achieve any intended results, be compatible or work with any
other software, applications, systems or services, operate without interruption, meet any
performance or reliability standards or be error free or be defect free or that any errors or
defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's provider makes any
representation or warranty of any kind, express or implied: (i) as to the operation or availability
of the Service, or the information, content, and materials or products included thereon; (ii) that
the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency
of any information or content provided through the Service; or (iv) that the Service, its servers,
the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan
horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on
applicable statutory rights of a consumer, so some or all of the above exclusions and limitations
may not apply to You. But in such a case the exclusions and limitations set forth in this section
shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of Country, excluding its conflicts of law rules, shall govern this Terms and
Your use
of the Service. Your use of the Application may also be subject to other local, state, national, or
international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute
informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of
the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United
States government embargo, or that has been designated by the United States government as a
"terrorist supporting" country, and (ii) You are not listed on any United States
government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be
changed and interpreted to accomplish the objectives of such provision to the greatest extent
possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation
under these Terms shall not effect a party's ability to exercise such right or require such
performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any
subsequent breach.
Translation Interpretation
These Terms of Use may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms of Use
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a
revision is material We will make reasonable efforts to provide at least 30 days' notice prior to
any new terms taking effect. What constitutes a material change will be determined at Our sole
discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be
bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop
using the website and the Service.
Contact Us
If you have any questions about these Terms of Use, You can contact us: