Terms Of Use


Topics:  Introduction  Rights  Prohibited Uses  Linking  Forum  User Submissions  User Information  Intellectual Property Policy  Disclaimer  Limitation of Liability  Termination  Interpretation  Indemnity  Location  Dispute Resolution

Introduction

BY ACCESSING, BROWSING, AND/OR USING THIS WEBSITE AND ITS CONTENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF USE AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING UNITED STATES COPYRIGHT AND TRADEMARK LAWS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.

The OPEN Process Framework Repository Organization (OPFRO) reserves the right to change, modify, add, or remove portions of these terms of use at any time. Please check these terms of use periodically for changes. You agree that each time you visit this website, you shall be subject to and bound by the current terms of these terms of use.

Rights

The OPEN Process Framework Repository Organization (OPFRO) hereby grants you a worldwide, royalty-free, non-exclusive, and perpetual (for the duration of the applicable copyright) license to the following rights:

Prohibited Uses

The following misuses of this website and its content are expressly prohibited by this license. You may NOT:

As one of the conditions of your use of this website and its content, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) this webite or its content for any purpose or in any manner that is prohibited by this license or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of this webite and its content complies with this license and to seek prior written consent from the OPEN Process Framework Repository Organization for any uses not permitted or not expressly specified herein.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Linking

You may use our approved logo as the prompt(s) for "hot" links from other websites to this website, provided that any such hot link explicitly is conditioned on the user's understanding and agreement that entry into this website, in every instance, is subject to all the terms and conditions of this Agreement.

Any linking to this webite must in each instance be directed to the "home page" or entry portal page of this website. In no instance is linking permitted directly to locations embedded within this webite (so-called "deep" linking).

I disclaim and forever waive any and all responsibility for the contents of any site hot linked to this website, and assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this website or any linked site or any downloading of a linked site.

The indemnity provisions set forth below apply in full measure to any linked site, and any person or entity linking to this website shall indemnify and hold harmless Donald Firesmith from any claim arising from or relating to the linked site.

Forum

"Forum" means an on-line forum or e-mail function offered as part of this website. It is my policy to respect the privacy of all visitors. Therefore, I will not monitor, edit, or disclose the contents of a visitor's e-mail unless required in the course of normal maintenance of this website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to:

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called moral rights in those materials have been waived.

User Submissions

We appreciate hearing from you and welcome your comments and suggestions regarding this website and its contents. However, if you send me recommendations, creative suggestions, ideas, drawings, concepts, inventions, or any other information (collectively the “user submissions”), then these user submissions shall become our property. None of the user submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of the user submissions. We shall own exclusively all now known or later discovered rights to the user submissions and shall be entitled to unrestricted use of the user submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the user submissions.

User Information

When you register for our service(s) on the website, you will be asked to provide us with certain information, including but not limited to a valid e-mail address (your "User Information"). My right to use your user information is described in the our privacy policy. Please see this website's Privacy Policy for further details regarding use of your Information. I reserve the right to offer third party services and products to you based on the preferences that you identify in your Information and at any time thereafter; such offers may be made by us or by third parties.

I will NOT sell, rent or market my customer email list to ANY outside parties. Period.

Intellectual Property Policy

We respect the intellectual property of others and expect you to do the same. At our discretion and in appropriate circumstances, I may terminate your account(s) and/or prevent access to the website by users who infringe upon the intellectual property rights of others. Pursuant to 17 United States Code 512(c)(2) (the Digital Millennium Copyright Act of 1998, as amended), my designated agent for notice of alleged copyright infringement appearing on our site is:

Donald Firesmith
3084 McMillan Road
Pittsburgh, Pennsylvania 15205
USA
email: opfwebsite@hotmail.com

To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site, (http://lcweb.loc.gov/copyright).

Disclaimer

This website contains links to sites that are not maintained by the OPEN Process Framework Organization. While we try to include links only to those websites which are in good taste and safe for our visitors, we are not responsible for the content or accuracy of those sites and cannot guarantee that websites will not change without our knowledge. The inclusion of a link in this website does not imply our endorsement of the linked website. If you decide to access linked third-party websites, you do so at your own risk.

In addition, you acknowledge and agree that the I do not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You also acknowledge and agree that that any reliance by you on the content of this website will be at your own risk, and you assume all risks associated with dealing with other users with whom you come in contact through the website.

THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS AND INFORMATION FOUND ON THIS SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. I DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. I DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT I) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God/act of nature, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

You specifically acknowledge and agree that I am not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and we reserve the right to remove such materials from this Site without liability.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MEMBERS OF THE OPEN PROCESS FRAMEWORK REPOSITORY ORGANIZATION BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT IN THIS SITE, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PERMISSION TO ACCESS THIS WEBSITE.

Termination

The OPEN Process Framework Repository Organization may terminate this license at any time if, in our sole discretion and judgment, you fail to comply with any term or provision of this agreement.

Interpretation

This agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, irrespective of any applicable conflicts of law principles. If any provision of this agreement is ruled to be unlawful, void, or otherwise unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and members of the OPEN Process Framework Repository Organization relating to the subject of this website. You agree that no joint venture, partnership, employment or agency relationship exists between you and members of the OPEN Process Framework Repository Organization as a result of this agreement or use of this website.

Indemnity

You agree to defend, indemnify, and hold members of the OPEN Process Framework Repository Organization harmless from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the content of this website or your breach of the terms of this agreement. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense and in our discretion, in defending any such claim, suit or proceeding.

Location

This website is administered from within the State of Pennsylvania in United States of America. We make no representations that content in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local and national laws.

Dispute Resolution

Any dispute arising with respect to this agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in the State of Pennsylvania. You expressly waive and are estopped from asserting any right to pursue any claim against the members of the OPEN Process Framework Repository Organization relating to this agreement in any forum or venue located outside of State of Pennsylvania. In the event of the filing of any such claim, you stipulate to the transfer of the filing to any appropriate or available forum or court in the State of Pennsylvania, at our sole discretion. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.