This page states the terms and conditions forming the agreement under which you
may use the www.opteli.com website, which is owned and operated by Advantrix Corp.
(the “Site”, “Opteli Software”, “we” or “us”).
Please read this page carefully, because it describes your rights and responsibilities.
you should not use this website or any of its resources. By using this
Site, you understand, acknowledge, and agree that you have read, will abide by,
and agree to be bound by the terms of this Agreement and any additional terms that
govern certain products and services, which will be presented in conjunction with
those products and services (“Additional Terms”). This Agreement will
remain in full force and effect as long as you are a user of the Site and in the
event of termination of any product, service, or feature, you will still be bound
by your obligations under this Agreement and any Additional Terms, including any
indemnifications, warranties, and limitations of liability. The Site’s Additional
in this Agreement by reference. To the extent that there is a conflict between this
Agreement and Additional Terms for the activity in which you choose to participate
or purchase, the Additional Terms shall govern.
We may revise this Agreement at any time by updating this posting without advance
notice to you. If you are a registered user, we will notify you via email of material
changes. (You are responsible for keeping your email address up to date.) We will
also post a notice on the homepage of this Site notifying all users of any other
revisions to this Agreement. Such revisions are effective to you as a user of this
Site immediately upon posting and notification to you. Your continued use of this
Site and Software upon posting and notification will indicate that you have affirmatively
agreed to any such changes. You should review this Agreement, because it is binding
The terms “you” and “user” as used in this Agreement refer
to all individuals and/or entities accessing this Site for any reason.
RESTRICTIONS ON USE OF CONTENT
The content of this Site and of any reports or other output produced by Opteli Software,
including all software, design, text, graphics, artwork, images, photographs, audio
clips, video clips, digital downloads, button icons, and other material, and the
selection and arrangements thereof (the “Material”), are the property
of Opteli Software and Advantrix Corp. /or its subsidiaries, affiliates, and/or
the Site’s advertisers, promotional partners, and sponsors (collectively,
“Advertisers”). The Material is protected, without limitation, pursuant
to United States and international copyright, trademark, and other applicable laws,
and the unauthorized copying, displaying, or other use of any of the Site’s
Material may violate one or more of these laws.
You are hereby granted permission to access the Material from the Site in whole
or in part, solely for your internal, and agreed upon use in connection with medical
practice / facility owned and operated by you. This permission does not include
use of the Material in connection with third party websites. This permission terminates
automatically if you breach any of the terms of this Agreement. If pursuant to an
authorization from Opteli Software / Advantrix Corp. you download software from
the Site, the software, including all code, files, images, contained in or generated
by the software, and accompanying data (including but not limited to data files),
are deemed to be licensed to you by Opteli Software / Advantrix Corp.. Neither title
nor intellectual property rights are transferred to you, but remain with Opteli
Software / Advantrix Corp, who owns full and complete title. You may not resell,
decompile, reverse engineer, disassemble, or otherwise convert the software to a
perceivable form. Opteli Software / Advantrix Corp. does not grant you any permission
to use the Material other than the permission expressly stated in this Agreement
or in the Additional Terms. All other use of the Material, including, but not limited
to, uploading, downloading, display, publication, public performance, broadcast,
transmission, retransmission, modification, creation of derivative works from, reproduction
(whether by linking, framing, or any other method), or in any other way exploiting
the material, in whole or in part, or downloading and using software for uses other
than those expressly permitted may not be made without Opteli Software’s /
Advantrix Corp.’s prior express written consent.
Access to the Material may not be lawful by certain persons or in certain locations.
You also understand, acknowledge, and agree if you access the Site from outside
of the United States, it will be considered illegal and unauthorized.
Notwithstanding any statement to the contrary in this Agreement, you will not use
or attempt to use, and shall cause each other party under your control not to use
or attempt to use, any engine, software, tool, agent, or other device or mechanism
(including, without limitation, browsers, spiders, avatars, or intelligent agents)
to navigate or search the Site other than (a) the search engine and search agents
available from the Site and (b) generally available third-party web browsers (e.g.,
Netscape Navigator or Microsoft Internet Explorer or Mozilla Firefox or Safari or
any other browser as stated in Additional Terms).
TRADEMARKS AND SERVICE MARKS
There are a number of proprietary trademarks, service marks, logos, slogans, and
product designations found on this Site. By making them available on this Site,
Opteli Software is not granting you a license to use them in any fashion. Access
to this Site does not confer upon you any license under any of Opteli Software’s
/ Advantrix Corp’s or any third party’s intellectual property rights.
No Opteli Software / Advantrix Corp. trademark, service mark, or logo may be used
as a hyperlink without Opteli Software’s / Advantrix Corp’s prior written
All other product or service names, to the extent they appear on the Site, are the
property of their respective owners.
ADVERTISING AND OTHER THIRD-PARTY CONTENT
This Site may provide banner and general advertising, and other content provided
by our Advertisers. You understand, acknowledge, and agree that the inclusion of
such third-party content on this Site is not an endorsement by Opteli Software of
the goods, services, or messages conveyed in the content or the business practices
(including the privacy policies) of such third- party content providers. Users may
from time to time enter into correspondence with or participation in the advertising
or promotions offered through the Site. However, all such correspondence, including,
without limitations, and resulting contractual agreements are solely between the
Advertiser and the user. Your further agree that we are not responsible for upholding
any applicable terms, conditions, and representations of warranty made by Advertisers
or other third parties in connection with an agreement between users, or the purchase
of goods and services offered by Advertisers or other third parties.
LINKS TO THIRD-PARTY DATA BASE / WEBSITES
Opteli Software may provide links to third-party websites / database and other resources
that could be of interest to our users. You understand, acknowledge, and agree that
these links are provided solely as a service to you and solely for the purposes
necessary to perform the transactions required by your medical practice. Opteli
Software / Advantrix Corp. is not responsible and does not guarantee the accuracy
and fidelity of any such data. Opteli Software / Advantrix Corp. shall only guarantee
authenticity of such third party source but not of the data thereof and shall not
be liable directly or indirectly for any inaccuracies or outdated information discovered
or available in such data. These third-party websites / databases may have different
privacy policies and business practices than we do. Therefore, we do not endorse,
verify, make any representations, or take responsibility for the content, truthfulness,
accuracy, quality, or completeness of the content or activities conducted on such
third part sources. You further agree that Opteli Software / Advantrix Corp, its
corporate affiliates, successors and assigns, and their respective officers, directors,
employees, representatives, agents, and operational service providers will not,
under any circumstances, be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with your use
of or reliance on the content, advertising, or business practices of linked third-party
databases / sites. If you decide to access and use linked third-party databases
/ websites, you understand, acknowledge, and agree that you do so at your own risk.
To participate in various activities on the Site, you will be asked to provide certain
true, complete, and current Personal / Commercial and Credentialed Information or
and any additional type of information collected from users in general is subject
non-persona, non-credentialed and non-commercial content you provide to the Site
in any manner, including, but not limited to, feedback, , answers, questions, comments,
suggestions, plans, ideas, or the like, shall be deemed to be non confidential and
we assume no obligation to protect such information from disclosure.
By submitting content to any area of the Site open to the other users or the general
public, you understand, acknowledge, and agree that your content will be considered
“Public Material” and will not be subject to the privacy protections
generally afforded your Personal Information.
You further agree that Opteli Software / Advantrix Corp. may save and archive any
content of any nature posted to the Site and that Opteli Software / Advantrix Corp.
may, without liability to any user, disclose such content if required to do so by
law or to comply with legal processes; to respond to claims that any of the content
violates the property, privacy, publicity, or any other rights of another individual,
organization, or corporation; or to protect the rights, property, or safety of Opteli
Software / Advantrix Corp., its corporate affiliates, Advertisers, employees, suppliers,
operational service providers, users, and members of the public.
MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF SITE
Opteli Software / Advantrix Corp. reserves the right, at its sole discretion and
at any time, to modify or discontinue any portion of the Site or any of the products
or services offered on the Site, on a temporary or permanent basis, with or without
notice. You understand, acknowledge, and agree that Opteli Software / Advantrix
Corp. will not be liable to you or to any third party for any such modification,
suspension, or discontinuance of the products or services offered by the Site.
SECURITY OF THE SITE
To participate in various Site activities, users must complete a registration process
and may receive/select a “user name” and password. You understand, acknowledge,
and agree that you are responsible for maintaining the confidentiality of your Personal
the user name and password received or selected upon registration on the Site. You
will be fully responsible for all uses of your registration and for any activity
that occurs under your password or account, whether or not authorized by you. You
further agree to immediately notify Opteli Software / Advantrix Corp. of any unauthorized
use of your registration and/or password.
By use of or registration for any Site activity, you understand, acknowledge, and
agree that you are automatically subject to the following rules of conduct and the
sole discretion, to terminate your subscription / access or registration at any
time, block access to your subscription file or profile(s) and/or reject participation
in any other activity or service provided to you by the Site. We also reserve the
right to take such actions, with or without notice, and without any liability to
the members, account holder, and user.
The Site’s subscriber activities are to be accessed only by registered users
of the Site, which should have only one unique user name with one unique password.
If you are found to share passwords with any non-registered member we will terminate
your subscription immediately without notice.
As a user of this Site, the following actions are also prohibited:
- Accessing data not intended for such user or logging into a server or account in
which the user is not authorized to access.
- Attempting to probe, scan, or test the vulnerability of the system or network or
to breach the security or authentication measures of the Site without proper authorization.
- Forging any headers or otherwise manipulation of Site identifiers in order to disguise
the origin of transmission through the Site.
- Attempting to interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading, “flooding,”
“spamming,” “mail bombing,” or “crashing” the
Site or the server of any user.
- Sending unsolicited commercial email individually or in bulk (also called Spam),
which promotes or advertises Opteli Software / Advantrix Corp. or its affiliates
or Advertisers, or any other activity, program, product, or service.
- Harvesting email addresses off this Site through an automated process.
- Bypassing this Site’s homepage via deep-linking or any other means, or framing
this Site, or any webpage or material on the Site without the express written permission
from Advantrix corp. / Opteli Software. Users are also prohibited from linking to
this Site or any webpage in an email sent for commercial purposes, without the express
written permission of Opteli Software / Advantrix Corp.
- Attempting to gain unauthorized access to the Site’s features or activities,
interfering with or manipulating in any manner the entry or registration process
for any other interactive features and activities on this Site.
- Falsifying identification or impersonating any person or entity, including, but
not limited to, a Opteli Software / Advantrix Corp. official, chat room, or public
forum leader, host, or guide, when accessing or participating in such features and
- Setting up fake sites or other dummy sites that appear to be the Site, mirroring
the Site’s contents, or otherwise copying any part of the Site Material and/or
Violations of the Site’s system or network security may result in civil or
criminal liability. The Site will investigate possible violations of system or network
security and may involve, and cooperate with a user’s employer, Internet Service
Provider, and/or law enforcement authorities in investigating and/or prosecuting
users who are involved in such violations. Opteli Software / Advantrix Corp. will
also terminate the subscription of any person that Opteli Software / Advantrix Corp.
believes, in its sole judgment, to have violated its security provisions.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You understand, acknowledge, and agree to defend, indemnify, and hold harmless Opteli
Software / Advantrix Corp. and its corporate affiliates, successors and assigns,
Advertisers, suppliers and operational service providers and their respective officers,
directors, employees, representatives, and agents, or others involved in creating,
promoting, or otherwise making available this Site from and against any claims,
actions, costs, expenses, or demands, including, without limitation, reasonable
legal and accounting fees, resulting from any content you submit, post to, or transmit
through this Site, your use of the Site, your violation of this Agreement, your
violation of any rights of another, or otherwise arising out of your use of this
Site in any manner. Opteli Software / Advantrix Corp. will attempt to provide notice
to you promptly of any such claim, suit, or proceeding and will assist you, if requested
and at your expense, in defending any such claim, suit, or proceeding. We reserve
the right to take exclusive control and defense of any such claim subject to indemnification
by you, in which event you will cooperate fully with Opteli Software / Advantrix
Corp. in asserting any available defenses.
The Site and its Material may contain technical inaccuracies, typographical errors,
and out-of- date information. The Site makes no representations about the accuracy,
reliability, completeness, or timeliness of the Site or the Material, and the Site
makes no warranty that the Site will meet your requirements. You understand, acknowledge,
and agree that the use of the Site and the Material is at your own risk. The Site
reserves the right to make or refrain from making changes to the Site and Material
at any time.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL OPTELI SOFTWARE,
ITS OWNER AND OPERATOR, PARENT COMPANY, CORPORATE AFFILIATES, SUCCESSORS OR ASSIGNS,
AND OPTELI SOFTWARE’S ADVERTISERS, SUPPLIERS, OR OPERATIONAL SERVICE PROVIDERS,
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS,
ASSUME OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS, DAMAGES OR LOSSES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
COMPENSATORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES)
RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITE, OR BUSINESS INTERRUPTION
RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, THE MATERIAL, ANY RELATED
SERVICE OR PRODUCT, ANY OTHER WEBSITE, OR TAMPERING WITH YOUR PERSONAL INFORMATION
OR TRANSMISSIONS, WHETHER OR NOT THE COMPANY OR AN AUTHORIZED REPRESENTATIVE IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW FOR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO SOME OF THE LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND ADVANTRIX
CORP., THE SITE, MATERIAL, SERVICES, AND PRODUCTS ARE PROVIDED “AS IS”
AND WITHOUT ANY WARRANTIES OF ANY KIND. OPTELI SOFTWARE, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, OPTELI SOFTWARE DOES NOT WARRANT THAT THE SITE OR
THE FUNCTIONS CONTAINED IN ANY SERVICE OR PRODUCT WILL OPERATE UNINTERRUPTED OR
ERROR-FREE OR THAT THE SITE AND ITS SERVER OR SOFTWARE IS FREE OF COMPUTER VIRUSES
OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION
AND OWN RISK. IF USE OF THE SITE, SOFTWARE, OR THE MATERIAL RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE
THAT THE SITE IS NOT RESPONSIBLE FOR THOSE COSTS.
OPTELI SOFTWARE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, DESIGN, TEXT, VIDEO CLIPS, AUDIO
CLIPS, GRAPHICS AND ARTWORK, IMAGES, PHOTOGRAPHS, OTHER MATERIAL, LINKS AND OTHER
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE
DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, YOU UNDERSTAND AND AGREE THAT OPTELI
SOFTWARE’S MAXIMUM LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, AND LOSSES ARISING
FROM YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THIS SITE OR ANY OF THE
MATERIAL, SOFTWARE, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE, OR ARISING
FROM OPTELI SOFTWARE’S PROVISION THEREOF SHALL NOT EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ANY MATERIAL, SOFTWARE, PRODUCTS OR SERVICES WITHIN THE SIX
MONTH PERIOD PRECEDING THE DATE OPTELI SOFTWARE RECEIVES NOTICE OF SUCH CLAIMS.
Opteli Software / Advantrix Corp. reserves the right, at its sole discretion, to
terminate your subscription or registration at any time or block access to the Site
and/or any other service provided to you. Opteli Software / Advantrix Corp. reserve
the right to take such actions, with or without notice, for any reason or for no
reason, and without any liability to the account holder or user.
LEGAL VENUE, GENERAL, AND CONTACT INFORMATION
This Agreement is governed by the internal substantive laws of the State of New
Jersey, without respect to its conflict of laws provisions. Jurisdiction for any
claims arising under this Agreement shall lie exclusively with the state or federal
courts within New Jersey. You agree to submit to the personal jurisdiction of the
courts in the State of New Jersey for any cause of action arising out of this Agreement.
If any provision of this Agreement, or the application thereof to any person or
circumstances, is found to be invalid or for any reason, unenforceable by any court
having competent jurisdiction, the invalidity or unenforceability of such provision
shall not affect the validity and application of the remaining provisions of this
Agreement, which shall remain in full force and effect. No waiver of any term of
this Agreement shall be deemed a further or continuing waiver of such term or any
other term. Except as expressly provided in this Agreement, in a particular “Legal
Notice,” or Additional Terms, this Agreement constitutes the entire agreement
between you and the Site with respect to the use of Site.
on this Site and no advice or other information provided by the Site or its representatives
to any user in any manner which is not posted on this Site will constitute any amendment
of, waiver or change to this Agreement, unless such an amendment, waiver, or change
is in writing and signed by an authorized officer or representative of Opteli Software
/ Advantrix Corp..
The section titles in this Agreement are for your convenience only and do not have
any legal or contractual effect.
If you have any questions regarding this Agreement, please contact Advantrix Corp.
via email at email@example.com
, or contact us at the following address:
110-B Meadowland Parkway,
Secaucus, NJ 07094