Terms of Use

1. Acceptance of Terms

Welcome to Solutions OptiSpace. By accessing or using our website (the "Site") and services, you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our Site or services.

Solutions OptiSpace is a division of Solutions Kaizen Management Systems. These Terms constitute a legally binding agreement between you and Solutions Kaizen Management Systems (collectively referred to as "OptiSpace," "we," "us," or "our").

2. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time without prior notice. Changes will be effective immediately upon posting on the Site. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

3. Use of the Website

3.1 Permitted Use

You may use our Site for lawful purposes only and in accordance with these Terms. You agree to use the Site only for:

• Learning about our Lean Factory Building (LFB) services
• Requesting consultations, assessments, or services
• Accessing educational resources and content
• Communicating with our team

3.2 Prohibited Use

You agree not to:

• Use the Site for any illegal or unauthorized purpose
• Violate any applicable laws, regulations, or third-party rights
• Transmit any viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Site or servers
• Use any automated system (bots, scrapers, etc.) to access the Site without our written permission
• Collect or harvest information from the Site without our consent
• Impersonate any person or entity or misrepresent your affiliation
• Use the Site to transmit spam, unsolicited advertisements, or promotional materials
• Post or transmit any defamatory, obscene, or offensive content

4. Intellectual Property Rights

4.1 Our Content

All content on this Site, including but not limited to text, graphics, logos, images, videos, software, designs, methodologies, and the Lean Factory Building (LFB) framework, is the property of Solutions OptiSpace and Solutions Kaizen Management Systems or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws.

4.2 Trademarks

The name "OptiSpace," "Solutions OptiSpace," "Solutions Kaizen Management Systems," "Lean Factory Building," "LFB," and related logos and trademarks are proprietary marks. You may not use these marks without our prior written permission.

4.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from the Site without our express written permission.

4.4 Downloadable Resources

Any resources, whitepapers, or materials you download from the Site remain our property. You may use them for internal business purposes only and must not redistribute, republish, or create derivative works from them.

5. User Submissions

When you submit inquiries, feedback, comments, or other content through our Site (collectively, "Submissions"), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and display such Submissions for business purposes, including improving our services and marketing.

You represent and warrant that:

• You own or have the necessary rights to submit the content
• Your Submissions do not violate any third-party rights
• Your Submissions do not contain confidential information you wish to protect

6. Third-Party Links and Services

Our Site may contain links to third-party websites or services that are not owned or controlled by OptiSpace. We are not responsible for the content, privacy policies, or practices of any third-party sites. You access third-party sites at your own risk, and we encourage you to review their terms and policies.

7. Professional Services

7.1 Service Engagement

The information on this Site is for general informational purposes only and does not constitute professional advice. Any engagement for our factory design, optimization, or consulting services will be governed by a separate written agreement.

7.2 Pulse Check and Assessments

Our Pulse Check assessment and other preliminary evaluations are provided for informational purposes only. These assessments do not constitute a comprehensive engineering analysis or professional recommendation. Detailed project terms will be outlined in formal service agreements.

7.3 No Guarantee of Results

While we strive for excellence, we do not guarantee specific outcomes or results from our services. Project success depends on various factors, including client cooperation, site conditions, and implementation.

8. Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Site will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of any content

We do not warrant that the Site or its servers are free from viruses or other harmful components. Your use of the Site is at your sole risk.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SOLUTIONS OPTISPACE AND SOLUTIONS KAIZEN MANAGEMENT SYSTEMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO:

• Your use or inability to use the Site
• Any content or materials on the Site
• Any errors, omissions, or inaccuracies in the content
• Any unauthorized access to or use of our servers or your information

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THE SITE (IF ANY), OR $100, WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless Solutions OptiSpace, Solutions Kaizen Management Systems, and our affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Site
• Your violation of these Terms
• Your violation of any rights of another party
• Your Submissions or content

11. Privacy

Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Site, you consent to our privacy practices as described in the Privacy Policy.

12. Account Security

If you create an account or login credentials for any portion of our Site, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

13. Geographic Restrictions

While our Site is accessible globally, we make no representation that the content is appropriate or available for use in all locations. If you access the Site from outside our primary operating regions, you do so at your own initiative and are responsible for compliance with local laws.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Solutions Kaizen Management Systems is primarily located, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us to attempt to resolve the dispute informally by contacting us at info@solutionskms.com.

15.2 Arbitration

If we cannot resolve a dispute informally, any dispute will be resolved through binding arbitration in accordance with applicable arbitration rules, rather than in court, except that you may assert claims in small claims court if your claims qualify.

15.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.

16. Termination

We reserve the right to terminate or suspend your access to the Site, without notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Site will immediately cease, but provisions regarding intellectual property, disclaimers, limitations of liability, and indemnification shall survive.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the extent necessary to make it valid and enforceable while preserving its intent.

18. Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of OptiSpace.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published on the Site, constitute the entire agreement between you and OptiSpace regarding the use of the Site and supersede all prior agreements and understandings.

20. Contact Information

If you have any questions about these Terms of Use, please contact us:

21. Acknowledgment

BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.