Terms of Use

Thank you for visiting our site. These Terms of Use (the “Terms”) are between you and Opteon AMC, Inc. (“Opteon,” “we,” “us,” and “our”), and govern your use of our website located at www.opteonusa.com (the “Website”).

 

  1. Agreement to Terms and Privacy Policy

 

Your use of the Website is subject to these Terms and our Privacy Policy, which is hereby incorporated by reference. Please read these Terms and the Privacy Policy carefully. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OR THE PRIVACY POLICY, THEN YOU MUST NOT USE THE WEBSITE.

 

These Terms may be modified by Opteon at any time, in its sole discretion. Such modifications are effective immediately upon posting of the modified Terms on the Website, unless otherwise specified by Opteon. It is your responsibility to refer back to this page from time to time for modifications. Each use by you constitutes unconditional acceptance of the most recent version of these Terms.

 

  1. Intellectual Property

2.1 Ownership of Opteon Materials. All content and materials on or made available

through the Website, including articles, forms, videos, text, software, graphics, logos, and images (“Opteon Materials”), are and shall continue to be the property of Opteon or its content suppliers. All Opteon Materials are protected by applicable copyright, patent, trademark, and other laws protecting intellectual property and proprietary rights. You acknowledge and agree that you do not acquire any ownership rights or licenses, express or implied, in Opteon Materials or other content posted on the Website through your use of the Website.

2.2 Restricted Use. You shall not use Opteon Materials for any unlawful purpose,

and you shall comply with any request from us to protect our intellectual property rights or other rights in Opteon Materials, our services, or our Website. By using the Website you agree to comply with all copyright and other proprietary notices, legends, and restrictions applicable to Opteon Materials.

2.3 Trademarks. The trademarks, service marks, and logos displayed on the Website

(together, “Trademarks”) are registered or unregistered Trademarks of Opteon or third parties. Opteon’s use of a third party’s Trademark or other content on this Website does not indicate an endorsement by Opteon of such third party or its products or services. You are not granted any right or license to use the Trademarks of Opteon or others appearing on this Website without our consent or the consent of the relevant third-party owner.

2.4 Copyright Infringement and Takedown Notices. We take claims of copyright

infringement seriously. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide notice containing all of the following information to our Copyright Agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Website;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of infringement on the Website is Lisa Billington, who may be reached as follows:

By mail: 14861 N Scottsdale Rd, Suite A-105, Scottsdale, AZ 85254

By email: legal@opteonusa.com

 

  1. Site Use

3.1 License. Subject to these Terms, Opteon grants you a limited, non‑exclusive,

non‑transferable, and revocable right and license to use the Website and its contents for your personal and non-commercial purposes. You shall not copy materials on the site, reverse engineer or break into the site, or use materials, products, or services in violation of law.

3.2 Your Warranties and Restrictions on Use. As a condition of your use of the

Website, you warrant to Opteon that you will not use the Website or Opteon Materials (as defined in Section 2.1 herein) for any unlawful purpose or in a manner prohibited by these Terms. Without limiting this warranty, you specifically agree:

  1. You will not use the Website in a manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and benefit of the Website;
  2. You will not obtain or attempt to obtain any materials or information on or through the Website by circumventing access or use restrictions or by other unauthorized methods, such as hacking or password mining;
  3. You will not use any bots, spiders, or page-scraping or other automated or manual processes or methods to copy or monitor this Website or any of its contents; and
  4. The information provided by you is truthful and accurate to the best of your knowledge.

International Users: The Website is controlled, operated, and administered by Opteon from our offices within the USA. If you access the Website from a location outside the USA, you are solely responsible for compliance with all local laws.

3.3 Suspension or Termination of Use. Our Website is made available free of charge.

Opteon may suspend or terminate your use of the Website for any reason. We do not guarantee that the Website or its contents will always be available or be uninterrupted.

3.4 Privacy and Recording. To operate the Website as intended, Opteon collects and processes personal information and data, as described in the Privacy Policy. Although we strive to protect information, we do not warrant and cannot ensure the security of any information transmitted to us. You understand and agree that no data transmissions over the internet can be guaranteed to be 100% secure. In using our Website, you authorize Opteon to:

    1. Collect, record, retain, use, and disclose personal information about you, in accordance with our Privacy Policy;
    2. Record, retain, and use all information and data that you input on the Website;
    3. Disclose aggregated information about users and use statistics related to our Website, and about our sales and trading patterns.

 

  1. Indemnification

 

You will indemnify and hold harmless Opteon and our affiliates, officers, agents, employees, and partners from any claim, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your violation of these Terms or your use of the Website, unless such claim, loss, or damage arises solely out of Opteon’s or its employees’ or agents’ negligence or wrongdoing.

5. Disclaimer

5.1 THE WEBSITE AND INFORMATION HEREIN IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. USE OF THIS WEBSITE IS AT YOUR SOLE RISK. OPTEON PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE WEBSITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR INFRINGEMENT. OPTEON DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE WEBSITE.


 5.2 Materials contained on our Website are for general information purposes only, current at time of first publication. The Website is not intended to be, nor should it be, relied on as a substitute for valuation or other professional advice. Nothing contained on the Website is, or should be, financial, accounting, tax, investment, or other advice on which reliance should be placed. Materials on the Website are subject to change at any time without notice and may not be up to date or accurate at the time you access the Website. Opteon’s provision of the Website and services are subject to applicable laws and legal process, and nothing contained in these Terms limits Opteon’s obligation and right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website

 5.3 The Website may contain links to other sites. We are not required to maintain or update these links. Links to other sites do not constitute recommendations or endorsements of those sites. We make no warranty or representations regarding the quality, accuracy, merchantability, or fitness for purpose of any other sites or materials contained therein.

 5.4 Your use of this Website does not, and shall not be construed to, create a client‑vendor relationship to Opteon.

 

  1. Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPTEON BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OR LIABILITIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, THE WEBSITE, OPTEON’S SERVICES OR OPTEON MATERIALS OR YOUR USE THEREOF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF OPTEON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so some of these disclaimers or limitations may not apply to you.

  1. Governing Law

These Terms shall be governed by, and solely construed in accordance with, the laws of the state of Arizona. You agree that any alternative dispute resolution or legal proceeding arising out of, or relating in any manner whatsoever to, these Terms shall be brought in Maricopa County, Arizona.  By using the Website, you waive any objection and irrevocably accept and submit to such jurisdiction and venue.

  1. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary or replaced with a valid provision that best embodies the intent of these Terms, or if it cannot be so modified, then severed, and the rest of these Terms shall remain in full force and effect.

  1. Waiver

Opteon’s delay or failure to enforce or exercise any provision of these Terms shall not operate as a waiver of that provision. Any course of conduct between you and Opteon shall not be deemed to modify any provision of these Terms. Any waiver of these Terms by Opteon must be in writing and signed by an authorized representative of Opteon.

  1. Feedback and Contact Information

We appreciate your feedback. If you provide us with any suggestion, review, idea, testimonial, or other feedback (“Feedback”), Opteon shall have a royalty-free, worldwide, irrevocable, perpetual license to use such Feedback and incorporate it into Opteon’s Website, products, or services. Opteon may post or transmit your Feedback via social media or other channels. Opteon is not responsible for any reviews or testimonials posted or otherwise transmitted by you or any third parties.

If you have any notices, questions, or concerns regarding these Terms or our Privacy Policy, please reach out to us at:

legal@opteonusa.com