Terms & Conditions
myOnlineForce (“myOF”)is a service provider of: a website building platform that lets you create your own website in 3 easy steps, an online reputation management platform and an SEO management platform.
1.1. Our Purpose
Our platforms are designed to allow small businesses from all over the world to easily create a modern website for themselves, provide an easy way to manage their online reputation and to increase their websites visibility through SEO. We provide our users with numerous tools and features for creating and publishing stunning websites, online stores and other applications – by utilizing their own content together with content and features offered by myOF and others via our services (collectively – “User Website(s)”).
The myOF Terms constitute a binding and enforceable legal contract between myOF Ltd. and its affiliated companies and subsidiaries worldwide (“myOF”, “us” or “we”) and you - so please read them carefully.
1.2. Legal Agreement
By using our services, you signify your consent to these terms. You may not use our services if you do not consent to all our terms.
To use our services, you need to create a user account.
You should keep your username and password protected and safe, and only allow people you trust to access your account or website settings.
All activities that occur under your user account or website are your responsibility.
1.3. User Account
The account information you provide us must be your own (or your company’s), and be accurate and complete.
We will determine the ownership of all user accounts.
- you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the myOF Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the myOF Terms;
- you are not a resident of (or will use the myOF Services in) a country that the U.S. government has embargoed for use of the myOF Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
- your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
- you understand that myOF does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
And specifically regarding your User Content:
- you own all rights in and to any content uploaded by you (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content;
- the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your User Website’s visitors and users (“End Users”) reside, or for myOF and/or your End Users to use or possess in connection with the myOF Services;
- you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
2.1. You represent and warrant that:
In order to use our services, there are certain obligations and conditions you need to meet.
Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location.
In addition, you must own all rights in any content you upload or publish via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable myOF or your end users to do with it) is legal.
2. Your Obligations
- fully comply with all applicable laws and any other contractual terms which govern your use of the myOF Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
- be solely responsible and liable with respect to any of the uses of the myOF Services which occur under your User Account and/or User Website(s), and for any of your User Content (including for any consequences of using or publishing such User Content on or with respect to the myOF Services);
- regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Website, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
- receive from time to time promotional messages and materials from myOF or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
- allow myOF to use in perpetuity, worldwide and free of charge, any version of your User Website (or any part thereof) for any of myOF’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against myOF or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Website with respect to such limited permitted uses;
- myOF’s sole discretion as to the means, manner, and method for performing the myOF Services, including those regarding the hosting, transmission, publication and/or display of any User Websites and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
2.2. You undertake and agree not to:
- copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the myOF Website, the myOF Services (or any part thereof), any Content offered by myOF or Third Party Services for use and display within User Websites (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without myOF’s prior written and specific consent and/or as expressly permitted under the myOF Terms;
- submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of myOF or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
- publish and/or make any use of the myOF Services or Licensed Content on any website, media, network or system other than those provided by myOF, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the myOF Services, Licensed Content and/or User Website (or any part thereof), except as expressly permitted by myOF, in advance and in writing;
- use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the myOF Services (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the myOF Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the myOF Services;
- act in a manner which might be perceived as damaging to myOF’s reputation and goodwill or which may bring myOF into disrepute or harm;
- purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use myOF or myOF Marks and/or variations and misspellings thereof;
- impersonate any person or entity or provide false information on the myOF Services and/or User Website, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to myOF and/or any End Users;
- falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that myOF or any third party endorses you, your User Website, your business, your User Products, or any statement you make;
- reverse look-up, trace, or seek to trace another User of myOF Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the myOF Services and/or User Website without their express and informed consent;
- disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the myOF Services, User Website, the account of another User(s), or any other systems or networks connected to the myOF Services, by hacking, password mining, or other illegitimate or prohibited means;
- probe, scan, or test the vulnerability of the myOF Services or any network connected to the myOF Services;
- upload to the myOF Services and/or User Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the myOF Services or myOF’s systems or networks connected to the myOF Services, or otherwise interfere with or disrupt the operation of any of the myOF Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- use any of the myOF Services and/or User Website in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
- sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or myOF Services, except as expressly permitted by the myOF Terms;
- remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the myOF Services and/or Licensed Content; or
- violate, attempt to violate, or otherwise fail to comply with any of the myOF Terms or any laws or requirements applicable to your use of the myOF Services.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
2.3. You agree and undertake not to:
In general, we just want you to be nice, and avoid doing anything that might harm us or anyone else.
Among others, you may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.
Failure to abide by any of these rules may bring us to cancel your account and stop providing you with any services.
- You must comply with all applicable laws.
- You will be responsible for your actions and for the actions of anyone who accesses your user account or website settings.
- You shall regularly save backups of your content.
- You agree that we or our partners may send you promotional messages and content.
You can easily opt-out of receiving promotional messages by contacting us.
- You allow us to use your website for our promotional activities, and to determine the manner in which the services will be performed.
List of Don’ts
You own all rights to your content. We may use your content in order to provide you with our services.
All rights, title and interest in and to the myOF Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of the myOF Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to myOF.
Subject to your full compliance with the myOF Terms and timely payment of all applicable Fees, myOF hereby grants you, upon creating your User Account and for as long as myOF wishes to provide you with the myOF Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the myOF Services and Licensed Content, for the purpose of generating and displaying your User Website to End Users and offering your User Products and services therein, solely as expressly permitted under the myOF Terms, and solely within the myOF Services.
The myOF Terms do not convey any right or interest in or to myOF’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the myOF Terms constitutes an assignment or waiver of myOF’s Intellectual Property rights under any law.
As between myOF and you, you shall own all intellectual property pertaining to your User Content, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. You hereby grant myOF a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sub licensable right and license to use your User Content (in whole or in part) worldwide in order to provide you with the myOF Services, and as further specified in Section 2.2(5) above.
3.. Your Intellectual Property
3.1. Content and Ownership
We own all rights in and to our services, content, data, technology and features.
You may use our services and content so long as you fully comply with these terms and ensure full and timely payments.
3.2. myOF’s Intellectual Property
We welcome any form of feedback or suggestions. If you do provide us with any, please make sure that it is accurate and legal.
3.3. Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to the myOF Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by myOF. By providing such Feedback to myOF, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to myOF any right, title and interest you may have in such Feedback, (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
The use of certain myOF Services may be subject to payment of particular fees, as determined by myOF in its sole discretion (“Paid Services” and “Fee(s)”, respectively). myOF will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
myOF reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, myOF shall have the right to automatically and without notice renew your subscription to such myOF Service(s) at the full applicable Fee.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by myOF. To the extent permitted by law (and unless specified otherwise by myOF in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the myOF Services, or to any payments or purchases made by you. If myOF is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). myOF is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize myOF (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries myOF or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
5. Paid Services
5.1. Service Fees
Our prices are stated in U.S. Dollars and before taxes, unless otherwise said.
MONTHLY PAYMENT INITIATION:
myOnlineReputation payments will be initiated in 21 days or upon completion of setup and training, whichever comes first.
myWebsiteManager payments will be initiated upon completion of sign up.
SEO payments will be initiated upon completion of sign up.
5.2. Invoices & Auto-Renewals
Invoices for our paid services will be available in your user account.
In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the myOF Services operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by myOF in writing). Accordingly, where applicable, myOF will attempt to automatically renew the applicable myOF Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with myOF.
For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Therefore, unless you cancel the applicable myOF Service(s), myOF will automatically renew such Service when it comes up for renewal, and charge you the applicable recurring Fees. In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice.
For information about cancelling your Paid Services, please see Section 6.1 below.
Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the myOF Services you use (whether or not such myOF Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any myOF Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any myOF Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against myOF in relation to the discontinuation of any myOF Services or Third Party Services, for whatever reason.
If you are not satisfied with myOF Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within thirty (30) days of having first ordered or activated such myOF Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of myOF services which is an upgrading of a free website by purchasing a Premium Plan (as offered on the myOF Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of myOF Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If myOF receives such notice within such Refund Period, myOF will refund to you the amount myOF charged you for such myOF Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. myOF will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any myOF Services actually received, as permitted by law.
Please note: Certain services purchased on or through the myOF Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the myOF Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. myOF will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.
Some of our services cost money. We will let you know how much beforehand
If your account or any of your services are cancelled, it may result in loss of content and data. You are responsible to backup your data and materials.
You may discontinue using and request to cancel your User Account and/or any myOF Services at any time, in accordance with the instructions available on the myOF Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the myOF Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request is required to be made at least thirty (30) days prior to the expiration of the then-current service period.
For more information about cancelling your Paid Services, please visit myOF Contact Us Page.
6.1. Cancellation by User
Failure to comply with any of the myOF Terms and/or to pay any due Fee shall entitle myOF to suspend (until full payment is made) or cancel your User Account and User Website (or certain features thereof), as well as the provision of any related myOF Services (e.g., Paid Services) or Third Party Services to you.
You may cancel your month-to-month account or any month-to-month services at any time with a 30 day notice. Once we process your cancellation request, we will not charge you for any additional subscription renewals.
For early termination of annual contracts, the full term of the contract must be paid.
Domains purchased using myOF cannot be transferred. Upon cancellation, emails and all data will be removed. Websites and domains are nontransferable to any other hosting platform and must be held within the myOF platform.
6.2. Cancellation by myOF
If your User Account or any myOF Services or Third Party Services related to your User Account are cancelled (whether at your request or at myOF’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). myOF shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any myOF Services following their cancellation, as determined by myOF in its sole discretion.
6.3. Loss of Data, Content and Capacity
If you violate any of these terms or fail to make timely payments, we may suspend or cancel your account.
You may cancel your account or any services at any time with a 30 day notice. Once we process your cancellation request, we will not charge you for any additional subscription renewals.
You can use our services to sell your products, content and services online.
You are responsible for all your sales activities, including your relationships with customers and any payment service providers.
The myOF Services also include certain features which enable you to sell goods, content, media and services through your User Website (“User Products”, and collectively – “E-Commerce”).
You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Website, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers.
By using any of our E-Commerce features, you acknowledge, warrant and agree that:
- You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
- Any Taxes indicated by the E-Commerce features provided to you by myOF are solely provided for illustration purposes only, and may not be relied on in any way;
- You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
- You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information in your User Website for any questions, complaints or claims; and
- You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –
- myOF may, at any time and at its sole discretion, suspend, disable access to or remove your User Website and/or any User Products - whether or not incorporated, published with or made a part of your User Website at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.
We respect the intellectual property rights of others.
If your copyrighted works were used inappropriately by any of our users – please let us know and provide us with all the necessary information, and we will take care of it in accordance with the DMCA.
If we receive a copyright infringement notice regarding your website or content, we may remove or cancel your website and account.
myOF acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via Our Contact Us Page, please provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit myOF to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
In the event that myOF receives notice regarding a copyright infringement related to your User Account or User Website, it may cancel your User Account, take your User Website down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at myOF’s sole reasonable discretion. myOF reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
When using the myOF Services, you may be exposed to User Websites, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against myOF with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the myOF Services, please immediately report such User and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon myOF, and that myOF may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
8. Misconduct and Copyrights
If you witness or experience any misconduct or abusive behavior by anyone using our services, please let us know.
We provide the myOF Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the myOF Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the myOF Services – so please be sure to verify those before using or otherwise engaging them.
myOF may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Website and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may myOF be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the myOF Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, myOF shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the myOF Services and/or connecting and/or dealing with any Third Party Services through or in connection with myOF Services, and that myOF cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
myOF does not recommend the use of the myOF Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain myOF Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain myOF Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the myOF Services at this BETA stage signifies your agreement to participate in such myOF Services’ BETA testing.
9. Disclaimer of Warranties
We may monitor and edit your website and content.
However, we are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else.
There are risks in using our services or anyone else’s services. You accept such risks.
Some of our services are still in BETA, and may contain bugs or experience interruptions.
We make no warranties regarding our services, including their quality, reliability, security, compatibility and conditions.
To the fullest extent permitted by law in each applicable jurisdiction, myOF, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the myOF Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the myOF Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the myOF Services; (6) events beyond the reasonable control of myOF, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of myOF Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for myOF’s services to you, and such limitations will apply even if myOF has been advised of the possibility of such liabilities.
10. Limitation of Liability
Subject to applicable law, we will not be liable for any damages.
If we get sued or are otherwise placed in harm’s way because of something you did, you will bear the associated costs and damages.
12.1. Severability & Waivers
myOF may change, suspend or terminate any of the myOF Services (or any features thereof, or prices applicable thereto), and/or change any of the myOF Terms - at any time and in any manner. Such changes may become effective upon notice to you (and in any event, not in a retroactive manner – except as required otherwise by law). If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current myOF Services without enabling such changes, or provide you with alternative Services.
12.2. Changes & Updates
The myOF Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the myOF Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the myOF Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of California, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Fresno, California.
Subject to any applicable law, all disputes between you and myOF shall only be resolved on an individual basis and you shall not have the right to bring any claim against myOF as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
We may provide you with notices in any of the following methods: (1) via the myOF Services, including by a banner or pop-up within the myOF Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. myOF’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
Any heading, caption or section title contained herein, and any explanation is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
The myOF Terms, and your use of the myOF Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between myOF and you.
myOF may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the myOF Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of myOF. Any attempted or actual assignment thereof without myOF’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 13.6 shall not in itself grant either myOF or you the right to cancel any myOF Services or Third Party Services then in effect.
We may assign our rights and obligations to other parties. You may only do so with our prior written consent
If any provision of the myOF Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the myOF Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
To get in touch with our Customer Service - please use any of the options listed below:
- Contact Us Page
- Phone: (844) 288-9120
- Email: firstname.lastname@example.org
myOF truly respects the privacy of its users, and is fully committed to protect their personal information and use it properly. This policy describes how we may collect and use personal information, and the rights and choices available to our visitors and users regarding such information.
Capitalized terms which are not defined herein shall have the meaning ascribed to them in our Terms & Conditions.
1. Your Consent
Commitment to Privacy and Protection of Your Personal Data
myOF, recognizes that our employees, and the individuals who represent companies with whom we conduct business, value their privacy. However, in order to conduct a global business in this increasingly electronic economy, the collection of the personal data of individuals is often necessary. We respect your right to privacy and are committed to protecting your personal data. It is our goal to balance the benefits of e-commerce with your right, as an individual, to prevent the misuse of your personal data.
What Is Personal Data
Personal data means any information that, when used alone or combined with other data, may be used to identify an individual. This includes, but is not limited to, an individual’s first and last name, e-mail address, mailing and/or residential addresses, telephone number, title, birth date, gender, occupation, customer contact information and/or other personal information that may be required in order for us to provide a service you request, or may have requested, at our web sites.
Compliance With Laws
myOF, strives to comply with all applicable and known laws around the world that are designed to protect your right to privacy and prevent misuse of your personal data. Although legal requirements may vary from country to country, we intend to adhere to the principles set forth in this Privacy and Data Protection Web Site Policy Statement even if we transfer your personal data from your country of residence to countries that may not provide the same privacy rights or require the same level of protection for your personal data. Our commitment is to protect your personal data no matter where it is collected, transported, processed or retained.
Web Sites Covered by Our Privacy Statement
This myOF, Privacy and Data Protection Web Site Policy Statement applies to all web sites and domains of myOF. myOF web sites may provide links to unaffiliated third-party web sites for your convenience and information; however, myOF does not control those unaffiliated third-party web sites or (except where myOF is providing your personal data to a third party with whom myOF has contracted for services) their privacy policies or practices as they relate to the use and protection of your personal data. You may visit those third-party links at your sole discretion and should read their privacy policies and statements before providing them your personal data.
Collecting Your Personal Data
You will be able to browse our web sites anonymously unless you have previously indicated that you wish myOF to remember your login identification and/or password. In some circumstances, we may request you to provide personal data. Your response to such a request is strictly voluntary. myOF uses this personal data to customize your experience on our web sites. We also may use your personal data for other business purposes, such as alerting you to products and services that can assist you in your business, promoting site registration, order processing and online customer service.
When you visit certain myOF web pages, you may need to be registered and create a password in order to log in. The use of those web pages, and the downloadable information on such web pages, may be governed by a written agreement between you, and myOF. Unless you request your personal data to be deleted, it may be retained by myOF, pursuant to applicable laws, to: (i) verify compliance with the agreement, (ii) track software and documents you download; or (iii) track page visits and usage of other applications available on the myOF web sites.
We also may receive your personal data from our business partners and suppliers. We intend to use such personal data only if it has been collected in accordance with acceptable privacy practices consistent with the myOF Privacy and Data Protection Policies as well as applicable laws.
In general, you can visit our web sites without divulging any personal data. However, there are areas of our web sites that require us to collect personal data to complete the customization functions for which they are designed that may not be available to those individuals who elect not to provide the personal data requested. You are always welcome to visit the public portion of the myOF web sites without revealing any personal data.
Use of Your Personal Data
When we collect your personal data from you, we will inform you at the time as to the reason we are requesting such personal data. The personal data will be used only for myOF business purposes such as: (i) responding to your requests for products, documentation and/or services; (ii) processing your order or invoice; (iii) conducting a commercial transaction; (iv) corresponding with you and/or your company; (v) enabling your subscription; (vi) handling a job application; (vii) sending direct marketing information; and/or (viii) performing market research. We will also use your personal data to personalize the content you review and to better understand how you use the web sites in order to improve the services myOF provides as well as the web site information.
Upon your acceptance of the Terms & Conditions, which this myOF Privacy and Data Protection Web Site Policy Statement is a part, such an acceptance will include your permission to us to collect and use your personal data. However, you have the right to request myOF. not to contact you for the purposes of sending you newsletters, customer surveys, direct marketing materials and/or market research information. You can exercise this right by clicking on the appropriate option or checkbox at the point where the personal data is collected or by editing your personal data we have collected.
In specific cases, myOF may request your direct consent to use your personal data by providing an “opt-in” and/or “opt-out” checkbox in information fields before your personal data can be used for any additional purposes to that for which your consent has been or is given.
Disclosure of Your Personal Data to Third Parties
If you elect to provide us with personal data, we may transfer that personal data within the myOF entities or to myOF affiliated third parties or business partners. Your personal data may be transferred within your country and/or across borders from your country of residence or jurisdiction to myOF entities, affiliated third parties and/or business partners in other countries around the world so that such myOF entities, affiliated third parties and/or business partners may provide services and other operations required to transact business with you. Such personal data may include, but is not limited to, account information, credit card information and ordering/invoicing information.
In addition, myOF may share your personal data (with the exception of account, credit card, and ordering information) with other myOF business partners who may desire to alert you to new products and services to improve your competitive edge, and only in cases where we believe your business interests will be served. myOF will share your personal data with its business partners only if you have provided us with your consent to do so. If you do not want to receive marketing materials from any of our business partners, please do not provide contact information via the Internet, or let them know directly that you wish to be removed from their contact list.
myOF works with certain companies that deliver myOF advertising and undertake surveys on behalf of myOF. These companies may collect information to help us determine which products, services and offerings are of most interest to our current and future customers. Unless you have given your consent, implicitly or explicitly, the information collected is not identifiable at an individual level. However, it may be identifiable at a company level, with or without your consent, or aggregated at an anonymous level to provide us with general statistics and trends.
In the event that myOF sells a part or parts of its business, the personal data that we have collected could be transferred to the acquiring company unless you instruct myOF not to do so in writing.
myOF reserves the right to share your personal data to respond to information requests by duly authorized governmental authorities and subject to applicable laws. In exceptionally rare circumstances, where national, state or company security is at issue (such as with the World Trade Center terrorist act in September 2001), myOF reserves the right to share our entire database of employees, visitors, vendors and customers with the appropriate governmental authorities duly authorized by applicable laws.
Collecting Your Domain Information
myOF also collects domain information as a part of our analysis of the use of our web sites. This data enables us to become more familiar with the individuals who visit our web sites and pages, how often they visit, and what parts of the web sites they visit most often. myOF uses this information to improve our web-based offerings. This information is collected automatically and requires no action on your part.
Collecting Your Information through Cookies
Securing Your Information
We have put in place appropriate physical, electronic and managerial procedures to (i) prevent unauthorized access to your personal data, (ii) maintain personal data accuracy, (iii) ensure correct use of information, and (iv) safeguard and secure your personal data we collect online.
Please take note of the following to ensure the security of your personal data and other confidential information you may provide online:
- You should be aware that when you disclose personal data or other confidential information in discussion forums, blogs or chat rooms, such personal data or other confidential information is accessible to and collectable by others who are present or who may have access to the forum, blog or chat room.
- myOF advises you to protect yourself against unauthorized access to your computer and disclosure of your passwords.
- If you believe that your password has been compromised, you should immediately change your password.
- If you believe there has been a security breach at myOF involving your personal data, please contact myOF.
Supporting Children’s Privacy
myOF web sites do not target, and are not intended to attract, children under the age of 13. myOF does not knowingly collect personal data from children under the age of 13 or send requests to children for personal data.
Accessing and Correcting Your Personal Data
myOF wants to ensure that any personal data you provide remains accurate. If you have changes to your personal data, you can review and update your personal data after logging onto the web site with your user name and password. You can correct errors in your personal data by sending us a request and pointing out the error. To protect your privacy and secure your personal data, we will also take reasonable steps to verify your identity before granting access or making the corrections.
We value your opinions and feedback. If you have any questions or comments about our Privacy and Data Protection Web Site Policy Statement, please send them or write us at: email@example.com
Complying with and Changing Our Privacy and Data Protection Web Site Policy Statement
The myOF Privacy and Data Protection Web Site Policy Statement was last updated on 23 February 2012. myOF utilizes the self-assessment approach to assure our continuing compliance with our Privacy and Data Protection Web Site Policy Statement. From time to time, myOF verifies that the policy statement is accurate and in line with applicable laws, comprehensive for the information intended to be covered, prominently displayed, completely implemented, and in conformity with the U.S. Commerce Department’s Safe Harbor Principles.
myOF reserves the right to make changes to this policy statement from time to time without notice to you. We recommend that all visitors and users of this web site re-visit the myOF Privacy and Data Protection Web Site Policy Statement page occasionally to learn of any new privacy practices or changes to our policy. Your continued use of the myOF web sites indicates your acknowledgement and/or acceptance of any changes to the myOF Privacy and Data Protection Web Site Policy Statement.