Last Updated: January 2022
COLLECTION AND USE OF YOUR INFORMATION
The display of URLs, hypertext links on our Website (including within messages) or any other form of re-direction of your connection to, with or through our Website (‘links’) is not an endorsement, nor do we have any obligation, responsibility or liability resulting from any links. We do not verify or have any responsibility for any other parties or websites (or their privacy policies) or for any of their goods or services even if we have a marketing, advertising or other arrangement with them. If a third party obtains information from or about you, we have no responsibility or liability for their conduct or activities.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you through the e-mail that you have provided us or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you have a registered account, you are responsible for safeguarding any passwords that you may use to access such account and you agree not to disclose your passwords to any third parties. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account. You acknowledge that if you wish to protect the transmission of your Content to us, it is your responsibility to use a secure encrypted connection to communicate with the Website.
PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY
REVIEWS, COMMENTS AND OTHER FEEDBACK
You may post reviews, comments and other Content, and submit suggestions, ideas, comments, questions, or other information on or through our Website, provide that such Content complies with our Acceptable Use Policy. We reserve the right (but not the obligation) to remove or edit such Content, but do not regularly review posted Content. If you do post Content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You further grant us and our sublicensees the right to use the name that you submit in connection with such Content.
You and third parties may be permitted to upload certain software (including machine images), data, text, audio, video, images or other Content (“Third Party Content”) to community areas of the Website. You acknowledge that (a) we have not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and Third Party Content may be subject to separate license terms as determined by the person posting such Content.
You represent and warrant that (i) you own or otherwise control all of the rights to the Content (including any Third Party Content) that you post; (ii) such Content is accurate; (iii) such Content complies with our Acceptable Use Policy; and (iv) you will indemnify us for all claims resulting from such Content. We have the right but not the obligation to monitor and edit or remove any activity or Content. We take no responsibility and assumes no liability for any Content posted by you or any third party.
If you believe that your Content has been copied and posted in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following written information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed upon; (3) a description of where the material that you claim is infringing is located within the Website; (4) your address, telephone number, and e-mail address; (5) 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 (6) 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 failure to comply with all of the requirements of Section 512©(3) of the DMCA, your DMCA Notice may not be effective. Additionally, if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Our Copyright Team can be reached as follows:
Opti9 Copyright Team
501 Franklin Avenue, Suite 200
Garden City, NY 11530
If you believe that the material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us by submitting written notification. Please provide our Copyright Agent with the following written information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed upon; (3) a description of where the material that you claim is infringing is located within the Website; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good-faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (6) 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; and (7) A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
OUR WEBSITE IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR ANY GUARANTEE OR ASSURANCE THE WEBSITE WILL BE AVAILABLE OR PERFORM AS DESCRIBED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. WE WILL HAVE NO RESPONSIBILITY for any harm to your computer system or devices, loss or corruption of data OR oTHER pROPRIETARY mATERIAL or other harm that results from your access to or use of the WEBSITE.
YOU UNDERSTAND AND AGREE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR OUR AFFILIATES, SUCCESSORS OR ASSIGNS NOR OUR OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, SPONSORS, BUSINESS OR PROMOTIONAL PARTNERS, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF OR ARISING FROM OUR WEBSITE, REGARDLESS OF THE FORM OF ACTION, THE LEGAL THEORY OR BASIS OF THE CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY, HOWEVER, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES OR OTHERWISE EXCEED ONE HUNDRED DOLLARS (US $100), NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
TERMINATION OF USE
GOVERNING LAW; JURISDICTION; JURY WAIVER
Limitation of Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OPTI9 SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
501 Franklin Ave. Suite 200
Garden City, NY 11530
Toll Free: 1-866-932-2471