Terms of Use Agreement

This Terms of Use Agreement (the “ToU”) is made between CommandWorks, LLC (“CommandWorks,” “we,” “us,” or “our”) and you, the individual choosing to use our Online Services as defined below (“you,” or the “user”).

Our Privacy Policy is subject to this ToU. There are terms in the Privacy Policy that materially affect how your personal information is stored, accessed, and processed. As such, you should read our Privacy Policy in addition to this ToU.

Acceptance of ToU

We know these ToUs can be tedious to get through. However, by accessing our Online Services, it is understood that you agree to comply and be legally bound by the terms set out in this ToU, which is why you really should stick it out and read the whole thing.

Changes to Terms

From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our Online Services after a change has occurred, you agree to be bound by our updated ToU.

Online Services this ToU Covers

CommandWorks offers a downloadable application called “Optic” (the “App” or “Optic”) that enables users to create fully customizable incident command systems designed to support a variety of hazard response work with tools like individual unit timers, incident timers, PAR reminders, Mayday tracking, incident checklists, incident reporting, and more. You can try Optic for a 14-day free trial, and subscriptions are available if you find that Optic is a good fit for your company, department, agency, or organization (“Subscription”). A Subscription can be purchased directly through the third-party app store where you downloaded Optic. This ToU applies to our online services, including the App, our social media pages, and any future online services we develop (collectively the “Online Services”).

Services This ToU Doesn’t Cover

We love supporting our partners, and to show our appreciation, we may link to their websites and services. When you click on one of these links, you are leaving CommandWorks, and this ToU no longer applies. The way our partners, or other third parties, do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service. Please note that when you are using any other third-party platform to interact with our Online Services such as the Apple or Android app store, Google, Instagram, or Facebook, you agree to their services policies, and this ToU is in addition not in place of such agreements.

Conditions Before You Access Our Online Services

Our Online Services are not targeted or intended to be used by people under the age of 18. All children between the ages of 13 and 17 must have permission from their parent or guardian before accessing our Online Services. If you live outside of the United States, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access our other Online Services regardless of having parental permission. You must be authorized to use our Online Services and enter into this ToU if you are acting on behalf of a company, agency, department, or organization.

User Accounts & Subscriptions

To access our App, you must create an account with your device’s app store. We do not require you to have a separate account with us, or require an account for you to explore our Site. You may purchase a Subscription through your app store for continued access to the App after your free trial (if available). The Subscription is available at a monthly or annual rate. The current inclusions for the Subscription will be stated at the time of purchase and may be updated at any time. You may also add an additional password for an Admin Lock and PDF reports encryption as an added layer of protection for your App which will be set up and managed directly via your device. Any personal information that you provide to us will be treated in accordance with our Privacy Policy. In order to communicate via social media or interact with any of our other Online Services hosted by another third party, you may be required to provide personal information and, in some cases, create an account (we have no control over these accounts). Because all data is stored locally on your device, CommandWorks cannot recover your data, reset your Admin Lock or PDF encryption, or bypass security features if you lose or forget your password. You are solely responsible for the retention of your Admin Lock and PDF encryption credentials. Any personal information that we do store will be treated per our Privacy Policy.

App Availability

Our App is designed for use during emergency incidents and functions without the need for cellular service, Wi-Fi, or backend server connections (including in "Airplane Mode"). While we aim for maximum availability, there may be instances of planned App downtime for improvements, and unplanned downtime for a variety of reasons that may be out of our control. We endeavor to provide notice of any periods of App unavailability as soon as we become aware of an outage, or as far in advance as is practical for planned outages. Likewise, we cannot always anticipate or prevent technical or other difficulties that may result in service interruptions.

Data Responsibility – NO CLOUD BACKUP

OUR APP DOES NOT BACKUP YOUR DATA TO ANY CLOUD OR SERVER STORAGE SYSTEM. ALL INFORMATION, COMMUNICATIONS, AND PERSONALIZATION SETTINGS ARE STORED LOCALLY ON YOUR DEVICE. AS SUCH, YOU UNDERSTAND THAT ANY UNINSTALLATION OF THE APP OR LOSS, THEFT, OR DAMAGE TO A DEVICE MAY RESULT IN PERMANENT AND IRREVOCABLE LOSS OF ALL DATA INPUT INTO THE APP. We also cannot and do not warrant that the device on which you access the App will function with any level of reliability. Accordingly, we do not assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any of your data, communications, notes, or personalization settings.  Consistent with standard hazard response protocols, you must maintain a secondary backup solution. We strongly recommend backing up all critical data to a third-party storage system or secondary device immediately following an incident.

Training and Professional Responsibilities

Optic is a professional tool designed for use by trained emergency responders and incident commanders. You acknowledge and agree that:

• Departmental Responsibility

The company, department, agency, or organization utilizing the App is solely responsible for ensuring that all personnel are fully trained on the App’s functionality, settings, and limitations before use in a live incident.

• No Substitute for Professional Judgment

Optic is a decision-support tool, not a substitute for professional judgment, established protocols, or standard operating procedures. Users must remain vigilant and rely on their professional training during an incident.

• Mayday and Life Safety

While Optic includes features like Mayday tracking, incident checklists, and PAR reminders, you acknowledge that these are digital aids. The failure of a user to input data correctly or the failure of a device to alert a user does not shift liability for life-safety outcomes to CommandWorks. The use of Optic does not guarantee the safety of personnel or property, nor does it ensure a successful resolution to any incident. CommandWorks is not responsible for any injury, death, or property damage occurring during an incident where the App was in use. We are not liable for errors or omissions made by the user or for device failures caused by environmental conditions common to hazard response, such as extreme heat, moisture, or signal interference.

Suspension and Termination of Your Account

• Involuntary Suspension or Termination of Your Account

Your account is entirely managed by your third-party app store, and we cannot suspend or terminate your account with that third party. However, we may notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior we believe is in violation. We reserve the right to suspend or terminate your access to our Online Services at any time for any reason.

• Voluntary Termination of Your Account

You are free to delete your account voluntarily at any time by contacting your third-party app store directly. However, if you have purchased a Subscription, that plan will only be valid for the time period set forth for the plan and paid for by you. You will be charged for the full duration of the Subscription term that you selected, regardless of any account deletion, and payments may be charged automatically through your device’s app store if you opt in to automatic payments. You may be required to provide notice of your termination before your next billing period in order to avoid being charged for such a billing period. Such notification requirements will be stated in the Subscription description. Deleting your account will mean that you will no longer be able to access the App. If you fail to renew or make payment for your Subscription, your account will lose access to the App. Our Site will remain available to you regardless of any account or Subscription status.

Pricing & Availability

The current monthly and annual cost of the Subscription will be clearly marked in your device’s app store. We reserve the right to remove any inclusions of the Subscription at our discretion and without notice, and we cannot guarantee that Subscriptions will be available in the App for any amount of time. There may be times when we need to make changes to our pricing, and as such, prices advertised are not guaranteed until a purchase has been made. The cost of the Subscription selected by you will be billed at the rate and at the times listed on the app store at the time of purchase. The cost of the Subscription is due upon purchase, and other than the option to choose an annual or monthly subscription, we do not offer any payment plans. When you select a Subscription, please remember that you are committing to payment of the listed amount for the listed term of the Subscription. Though you can cancel a Subscription at any time, you will remain responsible for the entire amount due for the term that you selected, whether monthly or annual. Consider trying our 14-day free trial to be sure you are selecting a commitment that works for you.

Subscription Descriptions

We strive to accurately describe our Subscriptions with details of their inclusions and offer the optional free trial, so that you can determine whether the App is well-suited to your needs and select the Subscription that’s right for you. Please explore our App during your 14-day free trial to confirm that the App and Subscription work for your needs. We make no warranties concerning the accuracy of such descriptions of our Subscription, and we reserve the right to update them as needed and without notice.

Terms of Sale

By placing an order with us, you are offering to buy a Subscription, representing that you are of legal age to form a binding contract, authorized to act on behalf of your company or organization (if applicable), and representing that all information you provided in connection with the order is true and accurate and that you are an authorized user of the payment method provided. When we send you an order confirmation, that is not an acceptance by us of your order. We send that to let you know we received your request, but there are a few steps necessary on our end before we can accept it.

Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. We reserve the right to refuse service to you without prior notification. In the event that an incorrect price is listed, either due to typographical or other error, we have the right to refuse or cancel an order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is canceled, we will refund your original payment method in the amount of the incorrect price.

User Guidelines

The App allows you to create incident logs, manage personnel and resources, review previous incident logs and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us, or on your profile, including but not limited to text, writings, video, audio, photographs, graphics, or personal information or other material (collectively, “Contributions”). Contributions that are limited to the App are intended for your professional use in making informed and organized decisions during a hazard response situation and are not viewable by other users of the App unless you specifically share such information through another means. PLEASE NOTE THAT OUR ONLINE SERVICES, INCLUDING THE APP, ARE NOT HIPAA-COMPLIANT OR CJIS-COMPLIANT. THE APP IS NOT INTENDED TO STORE PROTECTED HEALTH INFORMATION (PHI) OR CRIMINAL JSUTICE INFORMATION (CJI). THIS INCLUDES ANY DATA PERTAINING TO YOURSELF, MEMBERS OF YOUR ORGANIZATION, OR INDIVIDUALS RECEIVING YOUR ASSISTANCE. USE OF THE APP FOR THE STORAGE OF DATA SUBJECT TO SPECIFIC REGULATORY OR LEGAL PROTECTION IS PROHIBITED. When making Contributions, you must abide by the following requirements:

• Please don’t:
• Post or send content that features personal health information subject to HIPAA, or any other sensitive health or personal data protected by state or federal consumer privacy laws. Optic is not a medical record-keeping system;
• Share, upload, copy, distribute, exploit, or otherwise make available for commercial use any content that is not solely owned by you or that you have not secured the rights in;
• Post or send content that includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian);
• Post content or communicate in a way that infringes or violates the rights of any third-party, including, without limitation, any intellectual property rights, rights of privacy, rights in contract, rights of publicity, or rights in confidential information;
• Post or send content that is false, inaccurate, or misleading;
• Post or send content or communicate in a way that is unlawful, abusive, threatening, discriminatory, unfairly critical, defamatory, pornographic, is harmful to minors, or obscene;
• Post or send content or communicate in a way that promotes or incites violence, terrorism, illegal acts, discrimination, or hatred based on race, ethnicity, cultural identity, religious belief, disability, gender identity, or sexual orientation; or
• Engage in behavior that could be considered harassment, bullying, intimidation, an invasion of space or privacy, stalking, harmful or otherwise a mistreatment of another person.
• Please do:
• Give constructive feedback on how we can improve our Online Services;
• Use your best efforts to make informed decisions about your hazard response practices; and
• Be a nice human!

We do not have any ownership rights in your Contributions. However, by posting a Contribution, you grant to us a non-exclusive, fully paid, and royalty-free, universal, perpetual, irrevocable license to use, modify, delete from, add to, publicly display and reproduce the Contribution(s) in any media format through any media channel now existing or developed in the future, including without limitation on the App, but solely in order to provide our Online Services to you. For purposes of clarity, we will use your Contributions in order to provide the App to you and display your information to you through the App.

General Intellectual Property & Grant of License to Use Online Services

Our Online Services contain content, such as the “Optic” name and logo, our website design, our website code, videos, and photos that are protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights in such content. We may also use some open source and licensed third-party content in our Online Services, such as fonts, photos, and graphics. We do not make any claim of ownership to this content, and no user is permitted to use third-party content in a way that violates third-party licensing agreements. CommandWorks does not grant or transfer any other rights, title, or interest to you other than the following limited license: CommandWorks grants to you a limited, non-exclusive, non-transferable, revocable license to access and use CommandWorks’ Online Services for non-commercial personal purposes only. CommandWorks reserves the right to terminate this license at any time if your use of our Online Services is not in strict compliance with this ToU.

Publicity

You grant to CommandWorks a perpetual, worldwide, payment-free, irrevocable license to use, repost, republish and share any public reviews, posts, or comments posted on any third-party platform (including Instagram, Facebook, and Google Reviews) that you make about CommandWorks for our publicity and marketing purposes.

Copyright Policy& DMCA Claims

CommandWorks respects the intellectual property rights of others. Our policy is to respond to and investigate any claim that content used in connection with our Online Services infringe on any person or entity’s copyright or other intellectual property rights. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our Online Services infringes on another copyrighted work, please submit your claim via email to contact@opticcommand.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. Per 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:

• an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;
• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• identification of the URL or other specific location on our Online Services where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent permitted to act on the copyright owner’s behalf.

Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature.

Testimonials & Reviews Disclaimer

Our Online Services may contain testimonials and reviews of our Online Services by other users of our Online Services. While based on the real-life experiences and opinions of such users, such opinions do not reflect the experiences of all of our users, and user experiences with our Online Services may vary. The views and opinions in such reviews and testimonials solely belong to the user and do not reflect our views and opinions.

Representations and Warranties

• CommandWorks’ Representations and Warranties

OUR ONLINE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” COMMANDWORKS MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR ONLINE SERVICES. HOWEVER, COMMANDWORKS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. COMMANDWORKS DOES NOT WARRANT THAT USE OF COMMANDWORKS’ ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. COMMANDWORKS IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE. COMMANDWORKS DOES NOT GUARANTEE ANY LEVEL OF SUCCESS WILL BE ACHIEVED BY YOUR USE OF OUR ONLINE SERVICES.

• User Representations and Warranties

By using CommandWorks’ Online Services, you represent and warrant that:

• You are over the age of 18 or the age of majority to legally enter into a contract under the laws of your home country if that happens to be greater than 18 before accessing our App;
• You are free to enter into and comply with this ToU and are not under any disability, restriction, or prohibition, contractual or otherwise, that prevents you from entering into this ToU;
• You will provide accurate and truthful information regarding your personal identification, and will not use any other person’s information;
• You have not previously been removed from our Online Services by us, unless you have our express written permission to access the App via a new account;
• You have read and agree to this ToU and will not use CommandWorks’ Online Services for any fraudulent or inappropriate purpose or in a way that violates these terms and conditions;
• You will not try to reverse engineer or circumvent access to our Online Services;
• You will not circumvent or hack any technology used by CommandWorks’ to protect our Online Services and our users;
• You will not transmit any worms or viruses or any code of a destructive nature; and
• You will not copy or fraudulently reproduce CommandWorks’ content or violate our intellectual property rights.

Limitation of Liability

IN NO EVENT WILL COMMANDWORKS BE LIABLE FOR YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, USER ERRORS, YOUR FAILURE TO KEEP PERSONAL OR HEALTH INFORMATION CONFIDENTIAL, YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS, OR YOUR FAILURE TO COMPLY WITH THIS TOU. COMMANDWORKS WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE ONLINE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF ONLINE SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE.IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMMANDWORKS UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO COMMANDWORKS FOR OUR ONLINE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, COMMANDWORKS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND COMMANDWORKS.

Indemnification

You agree to indemnify and hold CommandWorks harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs) resulting from or arising from any breach by you of this ToU and any activity related to your engagement with our Online Services.

Release

You hereby release and forever discharge CommandWorks (and our officers, employees, agents, successors, and assigns) from, and hereby waives and relinquishes, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to CommandWorks, our Online Services (including any interactions with, or act or omission of, other users, or any third-party links and ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Privacy, Cookies, and Data Protection

We care about your personal information; any personal information you provide to us is collected, stored, and processed by us and used according to our Privacy Policy. Our use of cookies and data protection systems are also explained in our Privacy Policy.

International Users

CommandWorks’ Online Services are controlled and administered from our offices within the United States of America and are not intended to be used outside of the United States of America or be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR ONLINE SERVICES ARE APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTIONOTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access CommandWorks’ Online Services outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our Online Services, in whole or in part, to any geographic location or jurisdiction we choose.

Dispute Resolution

THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO BE PART OF A CLASS ACTION. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR ONLINE SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND TERMINATION OR EXPIRATION OF ANY ONLINE SERVICES PROVIDED BY COMMANDWORKS.

• Letting Us Know About Complaints

At CommandWorks, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about CommandWorks’ Online Services, please reach out to CommandWorks to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.

• Mandatory Binding Arbitration

If any controversy or claim arising out of or relating to Online Services provided under this ToU cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property or any legal dispute that falls into the jurisdiction of a small claim court and would be more efficiently and cost-effectively resolved in a small claims court. The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA in Kane County, Illinois. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise.

• Prevailing Party

If an arbitrator or court of law determines a claim against CommandWorks to be frivolous or an opinion is found in our favor by the arbitrators or court, you agree to reimburse CommandWorks for all fees associated with the arbitration and/or court case, including attorneys’ fees and arbitration/court costs.

• Class Action Waiver

You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against CommandWorks will be initiated only in your individual capacity. Any relief awarded by an arbitrator or court of law will not affect other users of CommandWorks’ Online Services.

Assignment

You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of CommandWorks. CommandWorks reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the CommandWorks business or assets.

Survival of Terms Beyond Termination

All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU, or the termination of a user’s account/Subscription, will survive such termination, including but not limited to payment obligations, intellectual property rights, warranties, indemnities, and limitation on liability clauses.

Waiver and Severability

No waiver by CommandWorks of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal, or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.

Applicable Law and Jurisdiction

Except where otherwise required by mandatory law, this ToU, as well as our Privacy Policy, is to be governed by and interpreted, constructed, and enforced per the laws of the state of Illinois without regard to conflict of law provisions. All disputes are to be resolved in the jurisdiction of Kane County, Illinois.

Government Users

If you are a U.S. local, state, or federal government entity, those portions of this ToU, such as indemnification, governing law, and jurisdiction, that are legally prohibited by your applicable constitutional or statutory law will not apply to you. In such cases, this ToU will be construed and enforced to the maximum extent permitted by the laws of your applicable jurisdiction.

Entire Agreement

This ToU and our Privacy Policy represent the entire and exclusive agreement between CommandWorks and users of our Online Services. All previous written and oral agreements and communications related to the subject matter of this ToU and Privacy Policy are superseded. To the extent that there are any provisions in such service agreements that conflict with the terms of this ToU, the terms of the service agreement will prevail.

Contact Us

Thanks for your patience in getting through all of the necessary legal language of this document! We have tried to be as clear as possible in communicating our expectations regarding our Online Services. However, if you have any questions about this ToU, our Privacy Policy, or CommandWorks’ services in general, just reach out! We would be more than happy to explain.

contact@opticcommand.com

2501 Chatham Rd, Suite N

Springfield, IL 62704 USA