Terms of Use

Please Read Carefully Prior to Using This Website

Last Updated Friday, October 6, 2017

1. Acceptance of Terms and Conditions

Use of the (“TheOptimizer.io”) website (this “Website”) is governed by the Terms of Use contained herein as well as the terms and conditions of the Privacy Policy and Website Services Agreement posted on the Website (“Terms”). These Terms are legally binding on all users of this Website and constitute a legally binding agreement between you (“User”) and TheOptimizer.io. By accessing this Website, User expressly and irrevocably agrees to the Terms and to abide by the Terms. These Terms currently list TheOptimizer.io’s current policies and terms and conditions, but, as noted below, the Terms may be adjusted from time to time at TheOptimizer.io’s discretion. If the User of this Website does not agree with any of these Terms, User may not, under any circumstances, utilize the TheOptimizer.io Website.

2. Intellectual Property Rights

2.1 Ownership

All content, text, images, data, information and other material displayed, available or present on this Website (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) or other intellectual property rights associated with the Website (hereinafter “Intellectual Property Rights”), are the property of TheOptimizer.io, its licensors, or designated owners and are protected by applicable intellectual property laws. User should assume that everything User sees or reads on this Website is protected by intellectual property rights, unless otherwise noted, and may not be used without the written permission of TheOptimizer.io or the respective owner except as provided in these Terms of Use.

2.2 Authorized and Prohibited Uses

User may access, use, and display this Website on a single computer only and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as User complies with these Terms of Use and all applicable laws. If User violates these Terms of Use and/or any applicable laws, your permission to use the Website terminates. User may not otherwise reproduce, sell, publish, distribute, modify, display, or use any Content or portion of this Website without the prior written permission of TheOptimizer.io. User will not infringe upon any Intellectual Property Rights or remove or modify related intellectual property and/or proprietary notices contained in this Website or the Content.

2.3 Registration and Passwords

TheOptimizer.io may or may not at times require a User to have a password(s) and provide registration details to access this Website or portions of this Website. If TheOptimizer.io does require a password and registration details, it shall be a condition of use of this Website that all the details User provides are correct, current, and complete. If TheOptimizer.io believes that the details are not correct, current, or complete, TheOptimizer.io will have the right to refuse User access to the Website, or any of its resources, and to suspend and/or terminate User´s account. User is responsible for maintaining the confidentiality of any password(s) and registration details User is given to access this Website, and User is fully responsible for all activities that occur under User´s password(s) and/or registration details. User agrees to notify TheOptimizer.io immediately of any unauthorized use of User’s password(s) and/or registration details. TheOptimizer.io reserves the absolute right, in its sole discretion, not to issue a password to any person or entity.

3. Website and Registration Administration

3.1 Authority of Website Administrator

TheOptimizer.io may in its discretion modify, edit, translate, suspend, restrict access to, or terminate this Website, these Terms of Use, the Content, or any link at any time without liability or prior notice. TheOptimizer.io may in its discretion terminate the browsing of, registration with, and use of this Website by any User at any time without liability or prior notice for any reason, including for any breach of these Terms of Use.

4. User Requirements and Obligations

4.1 Compliance

User will comply with all applicable laws in connection with use of this Website.

4.2 Unsuitable Conduct

User will not engage in conduct on or in connection with this Website that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. User will not cause damage, embarrassment, or adverse publicity to TheOptimizer.io.

4.3 User Cooperation and Notification

User will cooperate with all reasonable requests of TheOptimizer.io and will notify TheOptimizer.io promptly upon learning of any actual or suspected breach of these Terms of Use by User or unauthorized use or abuse of this Website.

4.4 Third Party Sites and Other Information

As a convenience to User, this Website may contain Content, links, and other information submitted by third parties over whom TheOptimizer.io has no control or responsibility. TheOptimizer.io has no obligation to monitor, control, or restrict the use of this Website or third party websites accessible via links on this Website. These other sites are not under the control of TheOptimizer.io, and User acknowledges that (whether or not such sites are affiliated in any way with TheOptimizer.io). TheOptimizer.io is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by TheOptimizer.io or any association with its operators. Moreover, TheOptimizer.io has no obligation to verify any Content submitted by any user or third party or to provide any registration or other information to User concerning any Content.

4.5 Warranty Disclaimers, Limitations on Liability, and Remedies

This Website, its Content, and its links are provided on an “as is” and “as available” basis and are used only at the sole risk of User, to the fullest extent permissible by law. TheOptimizer.io disclaims all warranties, express or implied, of any kind, regarding this Website (including its Content, hardware, software, and links), including any express or implied warranties as to fitness for a particular purpose, merchantability, title, timeliness, non-infringement, results, accuracy, completeness, accessibility, compatibility, security, and freedom from computer virus. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO USER, THE ABOVE EXCLUSIONS WILL APPLY TO USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TheOptimizer.io will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental, or punitive damages, including without limitation damages for lost profits, goodwill, use, data, or other tangible or intangible losses, in connection with use of the internet, this Website, its Content, or its links, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if TheOptimizer.io has been advised of the possibility of such damages. TheOptimizer.io will not be a party to, and will have no responsibility or liability for, any transaction negotiated or arranged by a User arising in connection with this Website. In any event, if any of the above provisions in this Section are not enforceable in an applicable jurisdiction, the maximum liability of TheOptimizer.io will be limited to, in the sole discretion of TheOptimizer.io, either the (1) correction or deletion of any inaccurate Content or link; or (2) refund of any fees for this Website received by TheOptimizer.io from User, not to exceed 12 months of fees.

4.6 Indemnification

Each User will defend, indemnify, and hold harmless TheOptimizer.io and their respective officers, directors, employees, and agents, and any of its licensors, website partners, or contractors from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with User’s actions or omissions, including use of this Website, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of this Website.

5. Miscellaneous

5.1 Separate Software Services Agreement

In connection with User’s use of and/or access to Content contained in certain areas of this Website, it may be necessary for User to consent to policies or Software Services Agreement in addition to the Terms of Use set forth herein, which User should read carefully before making any use of such Content or areas of this Website. Any such additional terms and conditions will not vary or replace these Terms of Use regarding any use of this Website, unless otherwise expressly stated.

5.2 Reverse Engineering

Licensee will not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the compiled code or databases produced by the code of TheOptimizer.io (collectively, "Reverse Engineering") or permit or induce the foregoing. If however, directly applicable law prohibits enforcement of the foregoing, Licensee may engage in Reverse Engineering solely for purposes of obtaining such information as is necessary to achieve interoperability of independently created software with TheOptimizer.io, or as otherwise and to the limited extent permitted by directly applicable law, but only if: (a) Reverse Engineering is strictly necessary to obtain such information; and (b) Licensee has first requested such information from TheOptimizer.io and TheOptimizer.io failed to make such information available (for a fee or otherwise) under reasonable terms and conditions. Any information supplied to or obtained by Licensee under this section is confidential information of TheOptimizer.io subject to the obligations of Section 2.10, may only be used by Licensee for the purpose described in this section, and will not be disclosed to any third party or used to create any software which is substantially similar to the expression of the TheOptimizer.io.

5.3 Privacy Policy

TheOptimizer.io is concerned about privacy and has developed a policy to address privacy concerns. User can find the current privacy policy at https://theoptimizer.io/privacy-policy/ (the “Privacy Policy”). The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms.

5.4 Modification of Terms, Etc.

These Terms of Use constitute the complete agreement between the parties with respect to their subject matter and supersede any prior agreement or communication. These Terms of Use are subject to change from time to time and are effective immediately upon posting. TheOptimizer.io will endeavor to post a notice of any changes to these Terms of Use for a period of thirty (30) days following any such modifications. Therefore, User is advised to review these Terms of Use occasionally or at least every thirty (30) days. User’s continued use of this Website, subsequent to TheOptimizer.io’s notice of modification of these Terms of Use, shall constitute User´s acceptance of the modified Terms of Use. If any provision of these Terms of Use shall be found to be invalid, illegal, or otherwise unenforceable, such finding shall not affect the other provisions of these Terms of Use , or the whole of these Terms of Use , but such provision shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. The parties hereto are separate and distinct, and this agreement is not intended to create and does not create an agency, partnership, or joint venture relationship between the parties nor do these Terms of Use extend to any third party. User´s obligations pursuant to these Terms of Use shall survive termination of this Website, any use of this Website, any Content provided by User on this Website, and/or these Terms of Use.

5.5 Contact Information

If you have any questions regarding these Website Terms Of Use or this Website, please contact TheOptimizer.io at [email protected]