Last Modified: September 4, 2024
Contact: support@optio.community
Introduction
By using the www.optio.community website (“Website”), you, as the visitor, acknowledge and accept the Terms of Use (“Terms”) set forth by the Optio Consortia DAO Foundation, (“we” or “us”). Your access is subject to these Terms, along with any relevant laws and regulations, and it is your responsibility to ensure compliance with local legal requirements. If you do not agree with these Terms, you are not permitted to use or access the Website. The content on this Website is protected under copyright and trademark laws.
These Terms of Use apply to your access to and use of this Website, whether as a guest or a registered user. Please read these Terms of Use carefully before you use this Website. By accessing and using this Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which can be found at [PRIVACY POLICY URL] and is incorporated herein.
If you do not agree to these Terms of Use, including the Privacy Policy, you may not access or use the Website.
Eligibility
This Website is offered and available to users who are at least eighteen (18) years of age and reside in a jurisdiction where access to the Website is not prohibited by law. By using this Website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you may not access or use the Website.
Geographic Restrictions
We make no claims that this Website or any of its Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local, national, and international laws and regulations, particularly those concerning data privacy and Internet usage.
You are responsible for understanding and complying with the laws and regulations in your jurisdiction regarding the use of the Websites and Internet services. We disclaim any liability for legal issues arising from your use of the Website in violation of local laws. We may also restrict or limit access to the Website in certain regions to comply with local laws and regulations. Restrictions may include but are not limited to, geo-blocking or other access controls. 2
Intellectual Property Rights
We own, control, or license this Website, including all text, images, graphics, video, audio, interfaces, features, functionality, information, data, software, services, and other content available on or through this Website (collectively, “Content”). The design, selection, and arrangement of such Content is protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property or proprietary rights laws.
You may use the Content for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content, except as follows:
your computer may temporarily store copies of such Content in RAM incidental to your accessing and viewing such Content;
you may store Content that is automatically cached by your browser for display enhancement purposes;
you may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and
if we provide social media features, you may take such actions as are enabled by such features.
You may not:
modify copies of any Content;
delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content; or
access or use this Website for any commercial purposes.
Our name, and all related names, logos, product and service names, designs, and slogans are trademarks that are owned by us, our affiliates, or our licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
No right, title, or interest in or to the Website or any Content is transferred to you, and we reserve all rights not expressly granted. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. 3
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any junk mail, chain letter, spam, or any other similar solicitation;
to impersonate or attempt to impersonate us, any of our employees, another user, or any other person or entity (including, without limitation, by using email addresses or other identifiers associated with any of the foregoing); or
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website, or expose them to liability.
Additionally, you agree not to:
use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the content on the Website;
use any manual process to monitor or copy any of the content on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
use any device, software, or routine that interferes with the proper working of the Website;
introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
otherwise attempt to interfere with the proper working of the Website.
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Termination
We may terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use. Upon any termination, all rights and licenses granted to you shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity, and limitations of liability.
Website Availability and Account Security
We reserve the right to withdraw or amend this Website, and any Content that we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website. Depending on your location, the availability and performance of certain features or services on the Website may vary. We do not guarantee uninterrupted access or consistent service quality in all locations.
You are responsible for both:
making all arrangements necessary for you to have access to the Website; and
ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. 5
User Communications
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, or other interactive features (collectively, “Interactive Features”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “communicate”) content or materials (collectively, “User Communications”) on or through the Website.
All User Communications must comply with the Content Standards set out in these Terms of Use.
By communicating on or through the Website, you acknowledge that you are responsible for all third party charges that may apply for receiving notifications, including without limitation, receiving notifications via SMS, MMS, email, and alerts; and you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purpose of operating the Platform. The Foundation is not responsible for any confidential or non-confidential User Communications shared by users.
You represent and warrant that:
you own or control all rights in and to your User Communications and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
all of your User Communications do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Communications that you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Communications posted by you or any other user of the Website.
Monitoring and Enforcement
We have the right to:
remove or refuse to post any User Communications for any or no reason in our sole discretion;
take any action with respect to any User Communication that we deem necessary or appropriate in our sole discretion, including if we believe that such User Communication violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for us;
disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and
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take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Communications and use of Interactive Features. User Communications must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Communications must not:
contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [LINK TO PRIVACY POLICY]];
be likely to deceive any person;
promote any illegal activity, or advocate, promote, or assist any unlawful act;
cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
impersonate any person, or misrepresent your identity or affiliation with any person or organization;
involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
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give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
Any information presented on or through the Website is made available solely for general information purposes. Information may be updated from time to time at our sole discretion, and information may not be complete or current. We do not warrant the accuracy, completeness, or usefulness of any information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in such content, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing that content. Such content does not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.
Changes to the Website
We may update the Content on this Website from time to time in our sole discretion and without notice.
Data Privacy & Transfer
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to the collection, transfer, storage, and processing and all other actions that we may take with respect to your information in compliance with the Privacy Policy. We take reasonable measures to comply with applicable data protection laws, including the GDPR where applicable.
Services
From time to time, and in our sole discretion, we may offer services to you on or through the Website (“Services”), and we may provide some or all of these services for a fee. All Services are governed by our Terms of Service, available at [URL], which are hereby incorporated into these Terms of Use.
Other Terms and Conditions
Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions that reference these Terms of Use are hereby incorporated into these Terms of Use. 8
Linking to the Website and Social Media Features
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
link from your own or certain third-party websites to certain content on this Website;
send emails or other communications with certain content, or links to certain content, on this Website; or
cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
establish a link from any website that is not owned by you;
cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; or
otherwise take any action with respect to the content on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
This Website may contain links to other sites and resources provided by third parties, including links contained in advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that any Content available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and caution to satisfy your particular 9
requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY CONTENT OR TO YOUR DOWNLOADING OF ANY CONTENT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 10
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold us harmless, along with our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Content other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule (whether of the State of Wyoming or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wyoming, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At our sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Wyoming law.
Limitation on Time to File Claims
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and 11
any failure on our part to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which we have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Integration
The Terms of Use, our Privacy Policy, and other terms and conditions that expressly reference these Terms of Use constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. All additional terms and conditions that reference these Terms of Service are hereby incorporated into these Terms of Service.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to the email address designated at the top of this page. Any feedback, comments, or other information that you provide to us at this address shall be deemed to be non-confidential, and we shall be free to use such information on an unrestricted basis.