OPNX Terms of Service
Last Modified: May 30, 2022

​

Introduction

These Terms of Service are entered into by and between you and OPNX LLC
(“Company,” “we,” “our,” or “us”). “You” may refer to Job Seekers or Organizations, as
defined below. These Terms of Service govern your access and use of https://OPNX.io/
(our “Website”) and the web-based services we provide (“Services”), whether as a
guest of the website or a registered user. By accessing the Website or using our
Services, you accept and agree to be bound and abide by these Terms of Service. If
you do not want to agree to these Terms of Service, you must not access or use our
Website and Services.

​

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole
discretion. All changes are effective immediately when we post them and they apply to
all access to and use of our Website and Services thereafter. Your continued use of our
Website and Services following the posting of revised Terms of Service means that you
accept and agree to the changes. You are expected to check this page frequently so
you are aware of any changes. Any changes to the Dispute Resolution and Governing
Law sections will not apply to any disputes for which the parties have actual notice prior
to the date the change is posted within our Website.

​

Accounts

​

To use our Services, you must create a OPNX account. We have the right to disable
any user’s account at any time at our sole discretion for any reason, including if you
violate any provision or guidelines found in these Terms of Service. We may, but have
no obligation to, remove, block, delete, edit, or monitor any content or accounts on our
Services. Information shared with OPNX LLC and on our Services is subject to our
Privacy Policy.

Organizations

Organizations such as colleges, universities, schools, career coaching companies, and
outplacement companies who work with multiple Job Seekers may sign up for an
account (“Organization Account”) by contacting our sales department. Once an
Organization Account is created, you may invite other staff from your organization to
join, invite Job Seekers to join the organization, view aggregate and individual job
search data about your Job Seekers’ searches, post internal job opportunities, browse
through your Job Seekers’ profiles and share Job Seeker profiles with your employer
partners.

Job Seeker

Job Seekers may create an account by using their personal email address (“Job
Seeker Account”). You may or may not have created your account in response to an
invitation received from an Organization. Organizations use OPNX as a service
provider to manage their career center functions, such as tracking Job Seeker
placements, setting job search goals, offering advice, and sharing candidate profiles or
resumes with interested employers. Organizations using our Services may provide us
with some details of their Job Seekers, but each Job Seeker must enable their account
and choose a password before their account is created. In the event your Organization
is using our Services, you will receive an email with steps to enable your account.
Please review any information that may have been provided by your Organization

before enabling your account. Once a Job Seeker Account is created, the user can
choose to make their candidate profile public and share their profile with employers
using our Services. Job Seekers may adjust their privacy settings at any time while
their account is active. Job Seekers do not have to make their profile public to apply to
job openings, or to RSVP to events hosted by employers.
Treat your password and any other piece of information used as part of our security
procedures as confidential. Do not disclose any confidential information to any other
person or entity. You acknowledge that your Job Seeker Account is personal to you and
agree not to provide any other person with access to it. You agree to notify us
immediately of any unauthorized access to or use of your Job Seeker Account or any
other breach of security. You also agree to ensure that you exit from your account at the
end of each session. Use particular caution when accessing your account from a public
or shared computer so that others are not able to view or record your password or other
personal information.

Employers and Recruiters
Employers and recruiters that receive an invitation from either OPNX LLC or an
Organization may register to use our Services. Once registered, employers and
recruiters may browse through Job Seeker profiles they have access to, post job
opportunities within the OPNX platform and provide various information on each job
opportunity. Job postings may be visible to all Job Seeker Accounts created across the
OPNX Platform or tailored to specific Organizations.

​

Guidelines

Understand that our Services provide a way for Job Seekers to connect with
professionals in various industries. You agree that we are not responsible or liable for
your conduct. We reserve the right to monitor or become involved in disputes between

our users, but have no obligation to do so. Users are responsible for all the content
they upload to our Services and all their interactions with other users. As a user, you
agree not to use our Services:
 In any way that violates any applicable federal, state, local or international law or
regulation.
 For the purpose of exploiting, harming or attempting to exploit other users or
people in general.
 To send, knowingly receive, upload, download, use or re-use any material which
does not comply with these Terms of Service.
 To transmit, or procure the sending of, any advertising or promotional material
without prior written consent, including any “junk mail,” “chain letter,” “spam,” or
any other similar solicitation.
 To engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of our Services, or which, as determined by us, may harm our
Services or users of our Services, or expose them to liability.
Additionally, users agree not to upload any content to our Services that:
 Contain any material which is defamatory, obscene, indecent, abusive, offensive,
harassing, violent, hateful, inflammatory or otherwise objectionable.
 Promote any illegal activity, or advocate, promote or assist any unlawful act.
 Is likely to deceive any person.
 Give the impression that content emanates from OPNX LLC or are endorsed by
us or any other person or entity, if this is not the case.

Employer and Recruiters Guidelines

Employers and recruiters agree not to discriminate based on ethnicity, national origin,
religion, age, gender, sexual orientation, disability, or veteran status as prohibited by

law. Additionally, you may not stalk, defame, bully, harass, abuse, threaten, intimidate,
or impersonate any people or entities.
Employers and recruiters may not use the data of Job Seekers or other users for the
purpose of marketing any employment opportunities other than the opportunities posted
through our Services, and may not use or allow a third party to use the data of Job
Seekers for marketing or any other reason. Unsolicited communications with Job
Seekers may lead to the removal of an employer or recruiter from our Services, at our
sole discretion.
Employers and recruiters agree to keep Job Seeker identities and information
confidential. You agree not to disclose any information related to a Job Seeker within
your company, except as necessary to make hiring related decisions about that Job
Seeker.

​

Licenses

Job Seekers with a registered Job Seeker Account are granted a personal, limited, non-
sublicensable license to access and use our Services. Organizations are provided with
a commercial license subject to a separate agreement with OPNX LLC. You must not
reproduce, distribute, modify, create derivative works of, publicly display, publicly
perform, republish, download, store or transmit any of the material on our Services.
If you print, copy, modify, download or otherwise use or provide any other person with
access to any part of our Services in breach of the Terms of Service, your right to use
the Services will cease immediately and you must, at our option, return or destroy any
copies of the materials you have made. No right, title or interest in or to our Services, or
any content on our Services is transferred to you, and all rights not expressly granted
are reserved by OPNX LLC. Any use of the Services not expressly permitted by these

Terms of Service is a breach of these Terms of Service and may violate copyright,
trademark and other laws.
We do not claim ownership of any content that our users post on or through the
Services. By making content available on or through the Services, you grant OPNX LLC
a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use,
copy, modify, publicly display, publicly perform and distribute your content only in
connection with the operation of our Services.

​

Reliance on Information Posted

The information presented on our Website and Services is made available solely for
general information purposes. We do not warrant the accuracy, completeness, or
usefulness of this information. Any reliance you place on such information is strictly at
your own risk. We disclaim all liability and responsibility arising from any reliance
placed on such materials by you, any other visitor to our Website or Services, or by
anyone who may be informed of any of its contents.

Intellectual Property
Content created by OPNX LLC is protected by copyright, trademark, patent, trade
secret and other laws, and as between you and OPNX LLC, we own and retain all rights
to content provided by OPNX LLC and the Services we provide. Users will not remove,
alter or conceal any copyright, trademark, service mark or other proprietary rights
notices incorporated in or accompanying content provided by OPNX LLC. The OPNX
LLC name and logo are our trademark, and may not be copied, imitated or used, in
whole or in part, without or prior written permission. Any graphics, icons or scripts
included in our Services or Website may not be copied, imitated, or used, in whole or in
part, without our prior written permission.

We respect other people’s rights, and if you repeatedly infringe other people’s
intellectual property rights, we will disable your account when appropriate, at our sole
discretion.

​

Third Party Links

We are not responsible for any links provided by third parties in our Services. These
links are not under our control and are only provided for your convenience. You
acknowledge sole responsibility and assume all risk arising from your use of any third
party services.

Indemnification
You agree to release, discharge, defend, indemnify and hold harmless OPNX LLC and
its parents, subsidiaries, officers, directors, employees and agents, assigns, licensors
and suppliers from and against any claims, actions or demands, liabilities and
settlements, including, without limitation, legal and accounting fees, related or arising
out of the use of the Services, your breach of these Terms of Services, or your failure to
comply with applicable law.

​

Warranty Disclaimer

You use the Website and Services at your own risk. Our Website and Services are
provided on an “as is” “as available” and “with all faults” basis. To the fullest extent
permissible by law, neither OPNX LLC or any of its employees, partners, managers,
officers or agents make any representations or warranties or endorsements of any kind
whatsoever, express or implied, as to: (i) the Services; (ii) the Website; (iii) any content
found on either the Services or the Website; (iv) or security associated with the
transmission of information to OPNX LLC or via the Services. OPNX LLC, our

employees, partners, managers, officers and agents disclaim all warranties, express or
implied, including but not limited to, the warranties of merchantability, fitness for a
particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system
integration and freedom from computer virus.
OPNX LLC hereby disclaims all warranties of any kind, whether express or implied,
statutory or otherwise, including but not limited to any warranties of merchantability,
non-infringement and fitness for particular purpose.
Some jurisdictions do not allow the exclusion of implied warranties or limitations as
specified here and to the least extent as allowed by law, such exclusions and limitations
may not apply to you.

​

Limitation of Liability

To the fullest extent provided by law, in no event will OPNX LLC, its affiliates or their
licensors, service providers, employees, agents, officers or directors be liable for
damages of any kind, under any legal theory, arising out of or in connection with your
use, or inability to use, the Website, our Services, any content linked on our Website or
Services, any content on the Website or Services or such other websites or any
services or items obtained through the Website or Services, including any direct,
indirect, special, incidental, consequential or punitive damages, including but not limited
to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of
profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of
data, and whether caused by tort (including negligence), breach of contract or
otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under
applicable law.

​

Waiver and Severability

No waiver of by OPNX LLC of any term or condition set forth in these Terms of Service
shall be deemed a further or continuing waiver of such term or condition or a waiver of
any other term or condition, and any failure of OPNX LLC to assert a right or provision
under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of
competent jurisdiction to be invalid, illegal or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that the remaining
provisions of the Terms of Service will continue in full force and effect.

​

Dispute Resolution

At OPNX LLC’s sole discretion, it may require you to submit any disputes arising from
these Terms of Service or use of our Website or Services, including disputes arising
from or concerning their interpretation, violation, invalidity, non-performance, or
termination, to final and binding arbitration under the Rules of Arbitration of the
American Arbitration Association applying Texas law

​

Governing Law

All matters relating to our Website, Services, and these Terms of Service, and any
dispute or claim arising therefrom or related thereto (in each case, including non-
contractual disputes or claims), shall be governed by and construed in accordance with
the internal laws of the State of Texas without giving effect to any choice or conflict of
law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service
or our Website or Services shall be instituted exclusively in the federal courts of the
United States or the courts of the State of Texas, in each case located in the City of
Seattle and County of King, although we retain the right to bring any suit, action or
proceeding against you for breach of these Terms of Service in your country of
residence or any other relevant country. You waive any and all objections to the
exercise of jurisdiction over you by such courts and to venue in such courts.

​

Children Under the Age of Eighteen

Our Services are not intended for children under eighteen years of age. No one under
age eighteen may provide any information to us. We do not knowingly collect personal
information from children under eighteen. If you are under eighteen, do not use or
provide any information to us. If we learn we have collected or received personal
information from a child under eighteen without verification of parental consent, we will
delete that information. If you believe we might have any information from or about a
child under eighteen, please contact us at info@OPNX.io.

​

Entire Agreement

These Terms of Service entered into between you and OPNX applicable to the
Services, constitute the sole and entire agreement between you and the Company with
respect to the Services.

​

Your Comments and Concerns
All feedback, comments, requests for technical support and other communications
relating to the Services should be directed to info@OPNX.io