TERMS OF SITE USAGE

 

This website is operated by American OpEx Advisory Group. Throughout the site, the terms “we”, “us” and “our” refer to American OpEx Advisory Group. American OpEx Advisory Group offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Site Usage”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Site Usage apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Site Usage carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Site Usage. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Site Usage are considered an offer, acceptance is expressly limited to these Terms of Site Usage. Any new features or tools which are added to the current site shall also be subject to the Terms of Site Usage. You can review the most current version of the Terms of Site Usage at any time on this page. We reserve the right to update, change or replace any part of these Terms of Site Usage by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


SECTION 1 - ONLINE USAGE TERMS

 

By agreeing to these Terms of Site Usage, you represent that you are at least the age of majority (18-years or older) in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


SECTION 5 - PRODUCTS AND/OR SERVICES

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the site. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Site Usage.


SECTION 7 - THIRD-PARTY LINKS

 

Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 8 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Site Usage. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


SECTION 9 - PERSONAL INFORMATION

 

Your submission of personal information through the site is governed by our Privacy Policy

 

SECTION 10 - TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS POLICIES

 

The Trademarks, Service Marks, Trade Names & Trade Dress and logos used and displayed on this Site are Trademarks, Service Marks, Trade Names & Trade Dress of American OpEx Advisory Group which are in continuous and exclusive commercial use. Other references to Trademarks, Service Marks, Trade Names & Trade Dress, not owned by American OpEx Advisory Group, may belong to others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks, Service Marks, Trade Names & Trade Dress displayed on this Site, without the prior written consent of American OpEx Advisory Group. You are advised that American OpEx Advisory Group aggressively enforces its intellectual property rights to the fullest extent of the law. The name American OpEx Advisory Group or any other Trademarks, Service Marks, Trade Names & Trade Dress may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without the prior written consent of American OpEx Advisory Group. As such, American OpEx Advisory Group prohibits linking to this Site and use of the name American OpEx Advisory Group, or any other Trademarks, Service Marks, Trade Names & Trade Dress as part of a link to or from any website without American OpEx Advisory Group’s prior written consent.

 

American OpEx Advisory Group claims the following Trademarks, Trade Names and/or Service Marks which are in substantially exclusive and continuous commercial use since March 2000. Said Trademarks, Trade Names and/or Service Marks describe American OpEx Advisory Group's suite of intellectual properties and services by name, style, nomenclature, operation, packaging, dress, strategic and marketing intent provided to the general and specific public, within the United States and abroad:

 

  • SPIES™ (Strategize. Plan. Implement. Engage. Scale.): An enterprise-wide operations planning system for marketplace engagement

  • IDEA™ (Introduce. Discuss. Engage. Alleviate.): A fluid, effective and consultative sales process for complex products and services

  • IDBO™ (Intelligence-Driven Business Operations): A highly adaptive, non-linear business development system for optimally scaled growth

  • IDSO™ (Intelligence-Driven Sales Operations): A multi-disciplinary corporate tradecraft methodology for innovative sales organizations

  • CORE™ (Confident. Optimistic. Resilient. Energetic.): A Human Performance Improvement (HPI) methodology for thriving under adversity

  • TIER™ (Time. Interest. Engagement. Response.): A behavioral analysis tool for analyzing and interpreting interpersonal engagement levels 

  • EBA™ (Enhanced Business Agility): An operations framework to markedly improve business and human performance simultaneously

  • STEP™ (Speed. Tone. Energetics. Prosody.): An energetics matching technique focused on establishing conflict-free communications

 

SECTION 11 - COPYRIGHTS AND USE OF SITE CONTENT POLICIES

 

The copyright in all materials provided on this Site is owned by American OpEx Advisory Group or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of American OpEx Advisory Group, or the copyright owner. You may not "mirror" any material contained on this Site without American OpEx Advisory Group’s prior written consent. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including, but not limited to, text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of American OpEx Advisory Group or its licensors and is protected by the U.S. and international copyright laws. All rights not expressly granted are automatically reserved by American OpEx Advisory Group.

 

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 13 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Site Usage, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall American OpEx Advisory Group, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 15 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless American OpEx Advisory Group and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Site Usage or the documents they incorporate by reference or your violation of any law or the rights of a third-party.


SECTION 16 - SEVERABILITY

 

In the event that any provision of these Terms of Site Usage is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Site Usage, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 17 - TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Site Usage are effective unless and until terminated by either you or us. You may terminate these Terms of Site Usage at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Site Usage, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


SECTION 18 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Site Usage shall not constitute a waiver of such right or provision. These Terms of Site Usage and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Site Usage). Any ambiguities in the interpretation of these Terms of Site Usage shall not be construed against the drafting party.


SECTION 19 - GOVERNING LAW

 

These Terms of Site Usage and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Texas. Our mailing address is 19141 Stone Oak Parkway, Suite 104, San Antonio, TX, 78258, United States.


SECTION 20 - CHANGES TO THE TERMS OF SITE USAGE

 

You can review the most current version of the Terms of Site Usage at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Site Usage by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Site Usage constitutes acceptance of those changes.


SECTION 21 - CONTACT INFORMATION

 

Questions about the Terms of Site Usage should be sent to us at termsofusage@americanopex.com.

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