Terms

This document was last updated on July 6, 2018

Welcome to optimizetoconvert.com. We have created various applications (“App” or “Apps”) and manage them online and provide related support and hosting services (the “Service” or “Services”).

optimizetoconvert.com (“Company”, “we” or “us”), through our web site (optimizetoconvert.com), offers various services to you and our application on mobile devices and the web, which are all conditioned on your agreement, without modification of any kind whatsoever, to adhere to the following Terms of Service. Use of the Service by you and/or registration with us constitutes your full agreement to these Terms of Service. Without prior notice, we may change these Terms of Service at any time. Of course, none of the changes that we make to these Terms of Service will apply retroactively nor will such changes apply to disputes or events that occurred before the change is published. It is your responsibility to review these Terms of Service on a regular basis. These Terms of Service shall apply to every visitor and all who access our web site or Services.

WE STONGLY ENCOURAGE YOU TO READ THIS AGREEMENT WITH CARE TO ENSURE THAT YOU HAVE AN UNDERSTANDING OF EACH PROVISION. IN THIS AGREEMENT THERE IS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS FOR DISPUTE RESOLUTION, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

We respect our Users security and privacy. By using our Services, you understand that you consent to the collection, use and disclosure of your personally identifiable information as well as any non-personally identifiable information, which is described in our Privacy Policy in more detail.

You affirm that you are more than 18 years old, and you affirm that you are fully able and competent to enter into the terms, representations, conditions, affirmations, obligations, and warranties set forth in these Terms of Service, and to fully abide by and comply with these Terms of Service. For those of you under 18 years of age, please do not use our website or our Service.

Services

optimizetoconvert.com is a website that provides information and offers services to help a consumer in a large variety of areas.

Registration

By participating and/or registering in this Service, you agree and represent as follows:

1. You are of legal age and are otherwise fully capable of forming a legally binding contract;
2. All of the information you submit to us or in connection with a Service is complete and accurate and that you will maintain and quickly update any profile supplied to us so that we can ensure accuracy at all times;
3. You hereby grant us permission to email or display your profile and such other information as you may supply us on or from our website as we shall deem advisable in our sole determination in connection with the Service or for marketing purposes thereof;
4. You agree to be contacted via Email, text messaging and SMS by us, including push notifications, and by third parties if relevant, regarding our Services, our website, third party advertisements and/or notifications, and requests to rate our website;
5. By using the Service, you are granting us permission to access your account and those messages, information, data, graphics, text, audio, video or other material (“Materials”) uploaded/posted/transmitted to or through the Service using your account, solely in connection with the provision of Services.

Acceptable Use Policy

The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are patently offensive to the online community, such as content that promotes hatred, racism, bigotry or physical harm of any kind against any individual or group; (b) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (c) engaging in activities or submitting Materials that could be harmful to minors; (d) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is threatening, abusive, obscene, libelous or defamatory; (e) engaging in activity that involves the transmission of “spam” or unsolicited mass mailing or “junk mail” or harvesting or otherwise collecting personally identifiable information about Service users, including names, addresses, phone numbers, email addresses, (collectively, “User Data”) without their consent; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (h) submitting Materials that displays sexually explicit or pornographic material of any kind; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (j) submitting Materials that contain viruses, worms, Trojan horses, or any other similar forms of malware, (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (m) decompiling, reverse engineering, or disassembling the software or attempting to do so; (n) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the website or for any other unauthorized purpose without our prior written consent; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of its Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service for any purpose other than those that are personal, nor will you use this Service in violation of the law or these Terms of Service.

Responsibility For User Content

We respect the rights of third party creators and content owners and expect that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and do not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any Materials posted via the Service. You expressly agree that we will not be liable for Materials. We reserve the right, but shall not be obligated, to remove content from the Service for any reason, including content that we believe violates these Terms or our Acceptable Use Policy above.

It is the policy of optimizetoconvert.com to promptly respond to any and all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this website:

optimizetoconvert.com
Attention: General Counsel
Email: admin@optimizetoconvert.com

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Use of Third Party Services

As a part of our Service, we may offer links to web sites operated by various third parties and we are not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your reference and convenience only. We do not control or operate in any way any software, information, products or services available on such third party web sites. Our inclusion of a link to a web site does not imply any endorsement of the services or the site, its sponsoring organization, or its contents.

Forums

The Service may offer forums, blogs, comments areas, bulletin boards and chat rooms (collectively, “Forums”) that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. We do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any and all information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold us responsible for any third party’s use of information contained in such posting. To maintain a positive, creative environment in which users may share and display Materials, we ask that you only use the Service in a manner that is consistent with our Acceptable Use Policy.

You agree not to use Forum titles or user names that are obscene, offensive or harassing to others. We reserve the right to require you to change the title of your Forum or your user name for any reason and at any time in our sole discretion and/or change it ourselves.

Representations and Warranties and Indemnification

You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (c) the Materials are accurate, current and complete, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party.

You agree to indemnify, defend and hold harmless Company, and its officers, directors, employees, agents, and contractors from and against any and all costs, claims, demands, liabilities, damages, or expenses, including, without limitation, reasonable attorneys’ fees, related to or arising from: (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated service between you and a third party.

Disclaimers and Limitations

Errors in the information contained in our Service sometimes occur. We cannot guarantee that all of the information on the website is correct. Please use this site at your own risk. In addition, we may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” WE AND/OR OUR SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR SERVICE IS AT YOUR OWN RISK. WE AND/OR OUR SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, TO YOU AND/OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $100.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN YOU AND US. Some states do not allow the limitation of liability, so therefore the foregoing limitation may not always apply.

ERRORS AND DELAYS

We are not responsible for any errors or delays caused by an incorrect e-mail address provided by you or other problems, technical or otherwise, beyond our reasonable control.

Termination

We reserve the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. We shall have no liability to you or any third party should we modify or discontinue any service or an aspect thereof.

We reserve the right in our sole discretion, and without any prior notice, to terminate your access to the Service for any reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from us at any time by delivering a written notice addressed to optimizetoconvert.com.

You may send this written notice to:

optimizetoconvert.com
PO Box 656 W Springfield
MA 01090
USA

You shall be responsible for ensuring delivery of the notice to us. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of our emails. We shall not be obligated to store any data or files for more than ninety (90) days after termination of your access to the Service.

Dispute Resolution

Any claim or controversy arising out of or relating to the use of our Service, to the goods or services provided by us, or to any acts or omissions of other users for which you may contend we are liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in Connecticut, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of Connecticut, except that the U.S. Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and we otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Parental Control Protections

Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that there are commercially available parental control protections (such as computer hardware, software or filtering services) that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://internet-filter-review.toptenreviews.com.

General

You agree that: (i) the Service shall be deemed solely based in Connecticut; and (ii) this Service shall be deemed a passive web site and service that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Connecticut. These Terms of Service shall be governed by the internal substantive laws of Connecticut, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and us concerning this Service and supersedes any prior written or oral representations. If a court of competent jurisdiction deems any provision of these Terms of Service invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service may not be transferred or assigned by you, but may be assigned by us without restriction. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Any attempted transfer or assignment in violation hereof shall be null and void. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to us.

Copyright and Trade Mark Notices

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.