Last Updated: February 28, 2022
Last Updated: February 28, 2022
Please read the Terms carefully before you start to use the Website. By using the Website, you acknowledge that you have read, understood, and agree to be bound and abide by the Terms. If you do not agree to the Terms, you must not access or use the Website. You represent to Optm that you are lawfully able to enter into contracts. If you are using the Website on behalf of a corporation or other entity, you represent that you have authority to bind such entity and acknowledge and agree that “you” or “your” as used herein shall include both you personally and the entity you represent.
The Website and its entire contents, features and functionality (including but not limited to all information, software, scripts, text, displays, images, logos, video, audio, and the design, selection, and arrangement thereof) are owned by Optm, its licensors, or other providers of such material and are protected by Canadian, United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Optm and its licensors.
These Terms permit you to use the Website for your personal, non-commercial use and your consideration of Optm’s offerings. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website without Optm’s express written consent. You must also not remove or alter any notice of copyright or other proprietary legends. Notwithstanding the foregoing, you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and your consideration of Optm’s offerings and not for further reproduction, publication, or distribution. If Optm provides a desktop, mobile, or other application or file for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use and your consideration of Optm’s offerings.
Trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Optm, its affiliates, or its licensors. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks without Optm’s written permission.
Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. Optm and/or its licensors may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
For good faith allegations of copyright infringement, please send a notice of claimed infringement to Optm, Inc. at 433 Plaza Real, Suite 275, Boca Raton, FL 33432 or by e-mail to legal[at]optm.com. To be effective, the notification must include the following:
Optm may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and Optm is under no obligation to update such material.
A product, service or solution may not be available at all times or in all regions. Please consult with an Optm representative to determine availability.
Optm may also disable any social media features and any links at any time without notice in Optm’s sole discretion.
You may use the Website only for lawful purposes and in accordance with these Terms. Without limiting the generality of the foregoing, you must not engage in, or perform, directly or indirectly, any of the following activities:
No link shall be made to any page of this Website, except a direct link to the top page www.optm.com without framing. The link must be done in a way that is fair and legal and does not damage Optm’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Optm’s part without its express written consent. Moreover, if Optm deems your linking practices in relation to the Website to be inappropriate, Optm may provide notice to you concerning removal or modification of the inappropriate link and your compliance with any and all requirements of Optm relating thereto.
Optm may, from time to time, post employment opportunities on the Website and/or invite users to submit resumes to Optm. If you choose to submit your name, contact information, resume and/or other personal information to Optm in response to such employment listings, you are authorizing Optm to use this information for all lawful and legitimate hiring and employment purposes.
Optm’s Website includes forms that allow users to submit inquires to Optm. If you choose to submit your name, contact information and/or other personal information to Optm in such forms, you are authorizing Optm to use this information for all lawful and legitimate business purposes.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER OPTM NOR ANYONE ASSOCIATED WITH OPTM REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY ITEMS OBTAINED THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. UNDER NO CIRCUMSTANCES SHALL OPTM BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF THE WEBSITE.
The provisions, exclusions and limitation of liability in the Terms are intended to be only as broad and inclusive as is permitted by applicable law. Optm reserves all rights, defenses and permissible limitations under applicable law.
You agree to defend, indemnify, and hold harmless Optm, its affiliates, licensors, and service
providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Website or its content.
THE LAWS OF THE STATE OF CALIFORNIA WILL GOVERN THESE TERMS AND ANY DISPUTE RELATING TO THE SERVICES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS FOR SACRAMENTO COUNTY, CALIFORNIA IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
Optm’s Website is operated and controlled from the United States. Optm makes no representation that the Website or any content or materials are appropriate or available for use in other jurisdictions. If you choose to access the Website from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
No waiver by Optm of any provision in the Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other provision and any failure of Optm to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found unenforceable, it shall not affect the validity of the remainder of the Terms, which shall remain valid and enforceable, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
You agree that the Terms constitute the complete and exclusive statement of the agreement between you and Optm and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of these Terms. You further agree that no joint venture, partnership, employment, or agency relationship exists between you and Optm because of the Terms.