Terms and Conditions
OptimumTech (the “Company”, “we”, “us” or “our”), provides this website and related web pages and content (collectively the “Website” or “Site”) for its customers and other permitted users to provide them with general information about the Company. These Website General Terms and Conditions of Use (the “Terms and Conditions”) govern your use and activity on this Website. Also, from time to time we may require that you agree to certain other terms and conditions and policies for the use of specific functionality or portions of the site (collectively, the “Other Terms and Policies”). Such Other Terms and Policies and the Terms and Conditions would apply when you make use of such specific functionality or portions of the Website. These Terms and Conditions do not govern the provision of services by the Company to its customers other than the use of the Website.
- SCOPE OF ACCESS TO WEBSITE AND RELATED RIGHTS
Subject to these Terms and Conditions and the Other Terms and Policies, the Company grants you a limited, revocable right to access and use the Website solely for your use. You agree not to modify, adapt, translate, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of this Website. Further, you may not reproduce all or any portion of the Website. This Website and its contents are the intellectual property of and are owned by the Company. The Company reserves the right to change the Website and also to suspend or terminate use of this Website or its services by you or other users in its sole discretion.
- USER ACCOUNT
From time to time, we may offer through the Website access to information, functionality or areas of the Website for which you will be required to establish a user account, which will be accessible upon input of an authorized e-mail address, a designated password, and other required information that is requested from you at either log in or initial user account registration. For any user accounts of yours, you are responsible for maintaining the security of any user passwords and other account details issued to you for use with the Website, and you are also responsible for the integrity and security of the operating environment from which you access the Website.
- WEBSITE INFORMATION ERROR
Although the Company strives at all times to maintain the accuracy of information maintained on this Website, information errors may occur on this Website.
- CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
Certain features of the Website may require you to allow e-mails, text messages or other electronics communications to be received by you, and to use these features you must provide a valid e-mail address, mobile phone number or other contact information for another communications device. By giving us such information you authorize us to send you electronic communications in accordance with the settings specified in your account. You should be aware that your carrier may charge you applicable text messaging rates for each message sent or received. You represent to us that you are the owner or authorized user of the wireless or other communications device used to receive or send any text messages or other electronic communications related to your use of the Website.
- PUBLIC FORUMS AND INAPPROPRIATE USER CONDUCT ON-SITE
From time to time, we may offer blogs, message boards, bulletin boards, or similar public forums on this Website where you and other users of our Website can communicate. Harassment in any manner or form on the Website, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Company employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
- RESPONSIBILITIES AND DISCLAIMERS: CLAIMS OF COPYRIGHT INFRINGEMENT FOR USER POSTED CONTENT
We do not assume any responsibility for materials posted to or created by users accessing the Website, and we are not in any manner responsible for the content of such user communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any user-posted contents or activities on the Website. However, the Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to the Company, in its sole discretion.
You are solely responsible for any content posted by you on this Website and the consequences of such posting or publishing of them. In connection with each of your content submissions, you represent and warrant that: (i) you own or have the necessary licenses, rights and consents to use such submissions to enable inclusion and use of such submissions in the manner contemplated by this Website and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual in such submissions to use the name or likeness of each and every such identifiable individual to enable inclusion and use of such submissions in the manner contemplated by this Website and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant us all of the rights granted herein; (b) publish falsehoods or misrepresentations that could damage us or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (d) post advertisements or solicitations of business. We reserve the right to remove, edit or not publish any content submitted by any Users of this Website without prior notice.
Claims of Copyright Infringement for User Posted Content
The company respects the intellectual property of others. It is our policy: (i) to block access to or remove postings or other user content that the Company believes in good faith infringes the copyrights of third parties; and (ii) to terminate a repeat infringer’s access to our Website and online services. If you believe that content posted on this Website infringes your copyright, please send us a written notice of claimed copyright infringement that meets the following requirements:
The notice should be sent to the following: OptimumTech, 1300 Marsh Landing Parkway, Suite 105, Jacksonville Beach, FL 32250
The notice must include all of the following:
- Your signature (if you are the copyright owner of the work you are asserting has been infringed upon or authorized to act on behalf of such owner) or the signature of a person who is authorized to act on behalf of the copyright owner of the work;
- A description of the work whose copyright you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail 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;
- 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 to act on the copyright owner’s behalf.
Please note that this procedure is exclusively for notifying the Company that copyrighted material has been infringed upon on our Website or online services.
- TERMINATION OF WEBSITE USE
The Company may terminate your access to this Website at any time. Also, your access rights to use this Website may also be terminated if you fail to comply with these Terms and Conditions. You agree that the Company will not be liable to you or any third party for any termination of your use of this Website, whether as a result of your failure to comply with these Terms and Conditions or otherwise. If your use of our Website is terminated for any reason, the provisions of Sections 7, 8, 9, 12, 13, 15, 16, 18 and 19 shall survive any such termination.
- WEBSITE WARRANTY DISCLAIMERS
THIS WEBSITE AND ITS CONTENTS IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND (EXCEPT WHERE SPECIFICALLY AND AFFIRMATIVELY NOTED OTHERWISE ON THIS WEBSITE), WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THIS WEBSITE OR THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION ACCESSIBLE THROUGH THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. WE PROVIDE NO WARRANTIES FOR SERVICES NOT PROVIDED BY US. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATIONS OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THIS WEBSITE OR ANY SERVICES OR INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE, OR THE PERFORMANCE OR USE OF THIS WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- CHILDREN’S PRIVACY AND SITE AGE LIMITATIONS
This Website is intended for use by persons aged 18 or older, and by your use of this Website you affirm that you are at least 18 years of age. The Company will not knowingly collect any personally identifiable information from any persons under the age of 18, nor knowingly allow registration of an account for any person under the age of 18. If we discover that we have been provided any such information, upon discovery of such collection, we will use reasonable efforts to delete this information from our records.
The entire contents included in this Website, including but not limited to text, graphics or code is protected under the United States and other copyright laws, and is the property of the Company (or its licensors). You agree not to download or copy any portions of the Website unless with our authorization. You also agree not to change or delete any proprietary notices from materials downloaded or accessed from this Website. Website ©OptimumTech, LLC 2018 All Rights Reserved.
All trademarks, service marks and trade names and logos used on this Website are trademarks or service marks of the Company (or its licensors). No use of any such trademarks or service marks is permitted without our authorization.
- APPLICABILITY OF TERMS AND CHANGES
These Terms and Conditions are applicable to you upon your accessing the Website or making any use of the Website. These Terms and Conditions, or any part of them, may be modified by the Company without notice at any time, for any reason; provided that if we decide to modify these Terms and Conditions, we will note at the top of these Terms and Conditions the date of the last update, which should alert you to changes in these Terms and Conditions since your prior visit to this Website.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and each of their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms and Conditions by you, (ii) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your user account, (iii) any content or other materials provided or posted by you, or (iv) the violation by you of the rights (including intellectual property rights) of any third party resulting from your use of the Website.
- THIRD PARTY SITES AND LINKS
The Company may at its option deliver notices to you concerning your user account, use of services or other activities on this Website using email, a general notice on the Website, or by other reliable method to the address you have provided to the Company.
For notices to be provided to the Company, its mailing address is as follows: 1300 Marsh Landing Parkway Suite 105, Jacksonville Beach, FL 32250.
- GOVERNING LAW AND DISPUTE RESOLUTION
Other than a controversy or claim relating to the validity of our intellectual property rights (as to which we may pursue any available legal or equitable remedies), all users that engage in activity directly or indirectly, on this Website agree, to the fullest extent permitted by law, that any dispute that arises between them and/or executives and/or employees of the Company as to rights or liabilities involving this Website shall be settled by confidential binding arbitration in Jacksonville, Florida in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Each party shall bear its own attorney’s fees, expert witness fees, and costs in connection with such arbitration.
You and we submit to the jurisdiction of the courts in the State of Florida with respect to matters arising under these Terms and Conditions, including, without limitation, to compel arbitration in accordance with these Terms and Conditions or to confirm any related arbitration award, to the fullest extent permitted by law. You and we agree (i) to accept service of process in accordance with the rules designated by the applicable arbitrator, and (ii) to abide by any decision in any such arbitration and of any court having jurisdiction to enforce such decision.
The Company’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. The Company may assign its rights and duties under these Terms and Conditions to another person or entity at any time without notice to you. In the event of any invalidity or unenforceability of any provision in these Terms and Conditions, the provision shall be struck, and the remaining provisions shall continue to be given full force and effect.