References to “OFS”, “we”, “us” and “our” throughout these Terms, depending on the context, collectively refers to all the legal entities within the OFS family of companies, including the entity with which you have or may have interaction with and/or a business relationship.
Acceptance of these Terms
These Terms apply to your use of Our Site. By using and/or visiting any part of Our Site, you are deemed to have agreed to and accepted these Terms. If you do not agree to these Terms, you must not use Our Site.
By using Our Site, you understand and agree that Our Site is provided “as-is” in accordance with these Terms and that OFS assumes no responsibility for the timeliness, deletion, or inaccurate delivery of any information or any personalized settings.
Use of Our Site
Our Site is operated by OFS, through various agencies and service providers. OFS reserves the right to discontinue any aspect of Our Site at any time. We encourage you to use Our Site to interact with OFS and obtain helpful information about our products, services, and industry. You may use Our Site for lawful purposes only.
Please note that we will not tolerate any use of Our Site which damages or is likely to damage our reputation, the availability or integrity of Our Site, or which causes us or threatens to cause us to incur any legal, regulatory, or tax liability. You have permission to access and use Our Site in accordance with these Terms, provided that:
- You agree not to alter or modify any part of Our Site;
- You agree not to use Our Site, for any commercial purposes. Prohibited commercial purposes include any of the following actions:
- Sale of access to Our Site or its related services on another website;
- Use of Our Site or its related services for the primary purpose of gaining advertising or subscription revenue;
- Use of Our Site to send unsolicited or unauthorized communications (spam); and
- Use of Our Site to transmit data, send or upload any material that contains any harmful programs, such as ransomware.
- Prohibited commercial purposes do not include uploading a posting or an original video to Our Site; or any use that OFS expressly authorizes in writing.
- You agree not to reproduce, duplicate, copy, or re-sell any part of Our Site.
- You agree not to access without authority, interfere with, damage or disrupt Our Site, or any related equipment or network.
- You will comply with these Terms, and all applicable local, national, and international laws and regulations.
Interactive Services & Your Contribution
At times we may provide interactive services on Our Site where you can contribute information, reviews, etc. We are under no obligation to oversee, monitor or moderate any interactive service we offer on Our Site. If you contribute any material to Our Site, you agree that the materials will:
- Comply with all applicable laws and regulations
- Keep in mind that the laws may differ depending on where you reside;
- Be factually accurate and/or will genuinely represent your opinion
- If you post it please ensure it is accurate, and keep in mind that even if the original content can be deleted, the content may have been reposted, shared and distributed through an array of channels via Our Site;
- Not be defamatory, offensive, hateful, or inflammatory
- Be mindful of others’ opinions. Refrain from abusive and obscene language, images, and links. Do not post content from, or link to, websites that feature sexual or predatory content; and
- Not infringe any confidentiality obligations, or any copyright or other intellectual property rights of another person or third party
- Do not post confidential information, and do not post images, language, or other copyrighted content unless you own them or have permission from the owner to display such content.
You also agree and consent that we may use any content that you contribute to Our Site whenever and wherever we think appropriate, including in any publication or marketing materials. By contributing content to Our Site, you grant OFS a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and fully-paid, transferable right to exercise all copyright and other rights in any media formats and through any media channels. We will not liable to any third party for the content or accuracy of any content posted by you or any other user of Our Site.
In order to access some features of Our Site, you may have to register to create an account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You should notify OFS immediately of any breach of security or unauthorized use of your account. You may never sign on under another user’s account without permission. OFS will not be liable for any losses caused to you by any unauthorized use of your account. However, you may be liable for the losses of OFS or other parties due to such unauthorized use.
The availability and description of products listed on Our Site may vary. We have made every effort to display as accurately as possible the colors and “look and feel” of our products, but the characteristics of the actual products may vary. We cannot guarantee the availability of any particular product displayed on Our Site. While our goal is to present an error-free product catalog, we do not guarantee that any content is accurate or complete, including price information and product specifications. We reserve the right to discontinue the sale of any product listed, at any time, without notice. Product prices offered on Our Site may vary from other advertised or distributor prices due to varying conditions in different geographic markets. All items purchased from OFS must be made pursuant to a purchase order contract. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and accepted by OFS.
Third Party Links
Our Site may contain links to third party websites that are not owned or controlled by OFS. OFS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, OFS cannot censor or edit the content of any third party website. We are not responsible for the availability of any third party websites, for any products or services you purchase through any third party websites, or for any Personal Information that you provide to any third party.
Links to Our Site
If you desire to establish links to Our Site, you must obtain our prior written consent, by contacting us as described in the Notice section below. OFS prohibits caching of any portion of Our Site and any unauthorized links to Our Site, including any deep-linking, framing or otherwise, without our prior written consent. In our sole discretion, we reserve the right to withdraw our consent at any time.
Our Intellectual Property Rights
The design and content of Our Site, and the material published on it, is protected by copyright and is owned by us. All rights are reserved. We retain the exclusive right to authorize the direct or indirect, temporary or permanent reproduction of Our Site by any means and in any form, in whole or in part, and to make Our Site available to the public, and to distribute any copyrighted material on Our Site. You agree not to copy, adapt, alter or create any derivative works from any material on Our Site, or to restrict or inhibit the use or enjoyment of Our Site.
We own various trademarks and you may not use these trademarks, and/or any third party trademarks that appear on Our Site, other than as permitted by prior written permission from us, the third party owner, or by law. In particular, you may not use the trademarks as metatags, nor may you sponsor them in search engines. All goodwill in use of our trademarks shall accrue to us.
All other intellectual property rights in Our Site are the property of OFS. We may grant you express permission relating to the use of material on Our Site from time to time, but except where we do so, nothing in these Terms or on Our Site confers any license or right to use any material on Our Site without the prior written approval of OFS.
Copyright Infringement Notification
If you suspect that your copyright or other rights have been infringed, to file a copyright infringement notification with us, you will need to send a written communication that contains the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other exclusive right that is allegedly infringed;
- Description of the copyrighted work or other work that you claim has been infringed;
- Description of the material on Our Site that is claimed to be infringing, with information reasonably sufficient to allow us to locate the material;
- Your address, telephone number, and email address, to allow us to contact you as the initiating party;
- A statement that you have a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent or the law; and
- A statement by you that the information in the notification is accurate, and under penalty of perjury, and that you are the owner or authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
The written notification should be sent to:
OFS Fitel, LLC
Attn: Legal – Copyright Notification
2000 Northeast Parkway
Norcross, Georgia 30071
If the disputed material were posted by a third party identifiable to us through reasonable efforts, we will provide notice to the third party. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
Access & Account Termination
OFS reserves the right to decide whether content you submit to Our Site is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. OFS may remove such content and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and in its sole discretion. Under all circumstances, OFS reserves the right to terminate your access to Our Site and to any associated accounts, if OFS in its sole discretion, determines that your use of Our Site has violated these Terms.
YOU AGREE THAT YOUR USE OF OUR SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OFS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR SITE AND YOUR USE THEREOF. OFS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTRIBUTED BY YOU OR ANY OTHER USERS OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE. OFS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OFS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL OFS, OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR S ITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OFS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE ABOVE PARTIES SHALL NOT BE LIABLE FOR CONTENT SUBMITTED BY YOU OR ANY OTHER USER OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to indemnify, defend (at the request of OFS), and hold harmless OFS, and its parent corporation, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to Our Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, property, publicity or privacy right; or (iv) any claim that your submitted content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of Our Site.
Ability to Accept these Terms
You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into all of the terms and conditions set forth in these Terms, and to abide by and comply with these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OFS without restriction.
If you have any questions about these Terms, please contact us at:
OFS Fitel, LLC
2000 Northeast Parkway
Norcross, Georgia 30071
You understand and agree that:
- Our Site shall be deemed a passive website that does not give rise to personal jurisdiction over OFS, either specific or general, in jurisdictions other than Georgia (USA).
- Any claim or dispute between you and OFS that arises in whole or in part from, or that relates to, Our Site shall be decided exclusively by a court of competent jurisdiction located in Georgia (USA).
- If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
- No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and OFS’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- OFS reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms. Your use of Our Site following any amendment of these Terms will signify your assent to and acceptance of the revised Terms.
- YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- YOU WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL.