TERMS OF SERVICE

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OVERVIEW

This website is operated by Norwood Legacy Corporation, DBA https://bydesign.services, and Theresa Norwood, Freelance Web Designer. Throughout the site, the terms “we”, “us” and “our” refer to Norwood Legacy Corporation, DBA https://bydesign.services and Theresa Norwood, Freelance Web Designer (all referred to as ‘WE’ moving forward). WE offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred without encryption and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor has any control nor input.

You acknowledge and agree that we provide access to such tools”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, you can click here https://bydesign.services/privacy-policy/ .

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

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

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

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

SECTION 14 – INDEMNIFICATION

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

SECTION 15 – SEVERABILITY

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

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@bydesign.services.

SECTION 21 – DOMAIN REGISTRATION

Domain selection contingent upon availability. For premium domain name requests, additional charges may apply.

We conduct all of our domain purchases through NameCheap, as our preferred vendor of choice. This does not constitute any direct contract between NameCheap and Norwood Legacy Corporation, DBA ByDesign.Services other than that of our sales agreement at the time of purchase, as a consumer.

Price of domain is determined based off of NameCheap domain purchase price structure at time of selection/purchase. We will not be held liable for pricing changes that are out of our control. All domain registrations and hosting packages will be processed via NameCheap and are subject to their own pricing structure at the time of purchase/order.

All domain registrations are included at no additional charge when the cost is $14.99 or less on NameCheap.

I highly recommend that you check availability and pricing via NameCheap here: https://www.namecheap.com/domains/registration , before submitting your request to me.

Please plan and budget accordingly.

SECTION 22 – CMS

Norwood Legacy Corporation, DBA ByDesign.Services uses WordPress as the sole CMS for building our website designs. We also pride ourselves with our most popular use of DIVI for our builds; however, do utilize other formats as customer desires may permit us to do. 

SECTION 23 – PLUGINS, GRAPHICS, STOCK IMAGES/VIDEOS, LOGOS, SPECIAL DESIGN ELEMENTS

Some of the additional services/add-ons we may provide and include in our website design packages may have additional costs/fees associated, which will be passed along to our customer. Prior to any additional cost being passed along to our respective customer, written consent will be obtained and agreed upon by both parties (purchasing approver & Norwood Legacy Corporation, DBA ByDesign.Services). These additional services/add-ons may include (but not limited to): Plugins, Graphics, Stock Images/Videos, Logos, Special Design Elements).

SECTION 24 – SPECIAL PROMOTIONS

From time to time, we may offer special promotions and limited time reduction in pricing for our services/products. These particular promotional/sale items are not eligible for payment plans at this time. Payment in full must be received and accepted for these promotional/sale items. 

SECTION 25 – MULTIPLE SALES, PROMOTIONS, DISCOUNTS

Only ONE Promotional Discount can be used per order. Cannot combine multiple Promotions, Sales, Discounts, Coupons, Specials on one order.

SECTION 26 – PAYMENT

Payment is due prior to any work being performed on website design, and prior to any services being provided.

Where payment plans are utilized, terms will be set forth in the applicable plan details selected.

Special Individualized Payment Arrangements may be made as an exception on a case by case basis, and will always be pre-approved and agreed upon by both the Purchasing/Approving Party (One Person Acting as Authority on Behalf of Customer), and Norwood Legacy Corporation, DBA ByDesign.Services, and will ALWAYS BE IN WRITING WITH SIGNED CONTRACT.

SECTION 27 – REFUNDS, REVISIONS, BUGS, COMMUNICATION, WEBSITE DESIGN CONTRACT CANCELLATIONS

When Norwood Legacy Corporation, DBA ByDesign.Services commits to a project, we do so with the expectation that we will deliver as promised and agreed. Currently, I (Theresa Norwood) am the sole Freelance Website Designer performing website design services for Norwood Legacy Corporation; however, I may collaborate with other professionals in the website design/development/branding/marketing industry to perform tasks for some of my project work.

I want happy clients, I want them to come back to me for more work and I want them to refer my website design services to others. I have been performing freelance website design, logo design, social media marketing, SEO services, and core essential office consultant services to a diverse population of clientele spanning over a 25 year period, with a multitude of overwhelmingly satisfied customers which in turn have helped me define and launch this successful small business.

I offer non-tangible irrevocable goods and services.  Refunds are not issued once the contract is signed, and the ‘product is sent’ or ‘service has been rendered’. Once a payment is made, I do not provide refunds. If a project is canceled or postponed, the terms of our contract are still in place, and agreed upon funds are due.

All website design projects I agree to work on require a signed contract to begin.  The website design contract clearly defines what we have agreed upon to be built, when it will be completed, and the terms of payment. Both you and I sign the contract that we BOTH agree to honor the terms.  If you change the scope of the project, an addendum will be written up that we both sign and agree to the new terms.

All website design projects require a deposit to begin work. The amount of the deposit, any milestones and final payment are defined in the contract.  Any and ALL Deposits/Down Payments made are Non-Refundable. Once you sign a contract, I have committed time in my schedule to dedicate to your project, and may be declining other potential projects.

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*** REFUND EXCEPTION POLICY (only applies to payments other than the initial Deposit/Down Payment) – SEE BELOW ***

(1) If the Client/Customer Approver/Purchaser requests cancellation (in writing) of the project within 24 hours of payment being received/completed. This will only apply for a refund of funds paid during that 24 hour period prior to the request and expressly detailed in the written request. This DOES NOT apply to any Deposits/Down Payments. ALL DEPOSITS/DOWN PAYMENTS ARE 100% NON-REFUNDABLE AT ALL TIMES – NO EXCEPTIONS. The  Client/Customer Approver/Purchaser can use this 24 hour cancellation option for any reason to their discretion. ONCE A REFUND HAS BEEN APPROVED, ALL WORK WILL DISCONTINUE AND CONTRACT WILL BE NULL AND VOID AT THAT POINT. THERE WILL BE NO DELIVERY OF THE WEBSITE AND IT’S CONTENTS THUS FAR TO THE CLIENT/CUSTOMER. CANCELLATION/REFUNDS WILL VOID ALL CLIENT/CUSTOMER RIGHTS TO ANY PART OF THE SERVICES ORDERED AND EXPRESSLY WRITTEN AND AGREED TO IN THE CONTRACT. ALL WEBSITE/CONTENTS WILL REMAIN AS THE PROPERTY/OWNERSHIP OF NORWOOD LEGACY CORPORATION, DBA BYDESIGN.SERVICES. All Approved Refunds are issued within 10-15 business days from written request.

(2) If the Debit/Credit Cardholder contacts Norwood Legacy Corporation, DBA ByDesign.Services indicating that their card was used fraudulently, a refund will be issued and an investigation will commence. All applicable law officials and authorities will be notified, official complaints filed, prosecution actions will be initiated to my fullest abilities, and all legal avenues will be pursued to recover monies/profit/time lost due to the potential fraudulent activity being reported. If it is found to be an invalid and dishonest claim that payment was obtained fraudulently by another user not authorized by the cardholder in mention, all legal, criminal, and civil actions stated above will be initiated towards the perpetrator initiating the invalid/dishonest request. ONCE A REFUND HAS BEEN APPROVED, ALL WORK WILL DISCONTINUE AND CONTRACT WILL BE NULL AND VOID AT THAT POINT. THERE WILL BE NO DELIVERY OF THE WEBSITE AND IT’S CONTENTS THUS FAR TO THE CLIENT/CUSTOMER. CANCELLATION/REFUNDS WILL VOID ALL CLIENT/CUSTOMER RIGHTS TO ANY PART OF THE SERVICES ORDERED AND EXPRESSLY WRITTEN AND AGREED TO IN THE CONTRACT. ALL WEBSITE/CONTENTS WILL REMAIN AS THE PROPERTY/OWNERSHIP OF NORWOOD LEGACY CORPORATION, DBA BYDESIGN.SERVICES. All Approved Refunds are issued within 10-15 business days from written request.

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Just as you expect the website design project to be delivered on time, I will expect that you deliver the required images and content on time, so that I can meet the deadline we have agreed to. When I open up the website design site to be reviewed and tested by you (client/customer), I expect you to review the website for bugs, functionality, and design element satisfaction, and to provide feedback to me in a timely manner. Delayed feedback/revision requests may delay the date of completion/delivery of services to you by me.

As software, plugins, coding, and technology evolves (daily), by nature there may be hiccups and bugs to work out as the project moves along. If something does not work properly, this does not entitle you a refund for the full project. I will simply fix the bug, implement any necessary updates, request special upgrades (which may have additional expense to client/customer and will require approval in writing), modify coding, or make any other appropriate changes as necessary.

I will always work in a positive, professional, and trustworthy manner. I find my style to be direct, with no sugar-coating, and one who goes above and beyond expectations in everything I attach my reputation to. I expect the same from my clients. If something is not right, I need the issue to be communicated to me clearly and I will work with you to come to a satisfactory resolution.

This includes bug fixes from functionality defined in the project scope and signed contract.  The client changing the scope of the project part way through in no way means that I am not meeting the project requirements if we have both not agreed to the changes. Adding new work during the project and making changes require an addendum and additional costs. Revision allowances are stated in each respective service/product description. SPECIAL NOTE: Revisions do NOT include COMPLETE overhauls of a website design project.

SECTION 28 – HOSTING & MAINTENANCE CONTRACT CANCELLATION

Cancellation of a hosting or maintenance account requires advance notice. Shared hosting accounts (Personal, Business, Corporate, and E-Commerce) and Maintenance Accounts require 24 hour notice prior to the first (1st) day of the next billing cycle.

Dedicated Server hosting accounts require 30 days notice prior to the first (1st) day of the next billing cycle. For all hosting and maintenance accounts the first (1st) day of each billing cycle is the first (1st) day of each month. 

Because website hosting services are provided on a monthly basis, the client will be responsible for service fees already paid regardless of when the client provides notice of termination. Thus, for example, if Client provides notice to terminate prior to the end of the billing cycle, which in every case is the end of the month, the remaining balance for that month will not be pro-rated or refunded.

 If Client has prepaid for services six (6) or twelve (12) months in advance (or received a promotional FREE period of hosting), the client agrees that no refunds will be issued for any unused portion of the services regardless of when the client cancels the services. Therefore, if the client’s account is cancelled at any point during the pre-paid contract term, Client will not be entitled to a pro-rated refund. 

 All accounts are cancelled as soon as the client submits the account cancellation request, at which time all remaining files in Client’s account will be deleted. Client is responsible to remove all personal files from the server prior to the cancellation request. Norwood Legacy Corporation, DBA ByDesign.Services will not be held responsible for any files deleted by Norwood Legacy Corporation, DBA ByDesign.Services on that day. The cancellation procedure is subject to change without notice. Cancellations must be requested in writing by sending an email to info@bydesign.services, with SUBJECT LINE: CANCELLATION OF HOSTING REQUEST

 

 

WE RESERVE THE RIGHT TO REFUSE SERVICES/BUSINESS TO ANYONE; HOWEVER, WILL NEVER DENY OUR SERVICES TO ANY PERSON/CUSTOMER WHICH ARE CONSIDERED PROTECTED UNDER OUR ANTI-DISCRIMINATION LAWS AS FOLLOWS:

Under federal anti-discrimination laws, businesses can refuse service to any person for any reason, unless the business is discriminating against a protected class.

At the national level, protected classes include:

  • Race or color
  • National origin or citizenship status
  • Religion or creed
  • Sex
  • Age
  • Disability, pregnancy, or genetic information
  • Veteran status

Some states, like California, have more protected classes than the federal baseline.  In addition to the above factors, California adds:

  • Marital status
  • Sexual orientation or gender identity
  • Medical condition, or AIDS/HIV status
  • Military or veteran status
  • Political affiliations or activities
  • Status as a victim of domestic violence, assault, or stalking

WE BELIEVE ALL PEOPLE SHOULD BE TREATED EQUALLY AND WITHOUT PREJUDICE.