Website Terms and Conditions
All contents of this Web site are Copyright © 2002-2007 Optimost LLC. All Rights Reserved unless otherwise noted. Except as provided herein, no portion of this Web site may be reproduced in any form without prior written permission from Optimost.
The following terms apply to your use of this Web site (the "Site"). The materials on the Site are provided by Optimost LLC ("Optimost") for informational purposes only. By downloading any material from the Site, you agree to these terms. If you do not agree to these terms, do not use the Site or download any material from the Site.
Limited License
United States and worldwide copyright laws and treaties protect the contents of the Site. Except as stated herein, none of the material on the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means, including electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Optimost. Optimost authorizes you to use a single copy of the materials on the Site solely for non-commercial or personal use. They may not be copied or distributed in any public forum without our expressed permission. Use for any other purpose is expressly prohibited. You may not, without the prior written consent of Optimost, "mirror" any material on the Site on any other server.
This limited license terminates automatically if you breach any of the terms herein. In addition, Optimost may terminate this license without notice at any time for any reason. Upon termination, you must immediately destroy any materials downloaded, printed or otherwise obtained from the Site.
Unauthorized use of any material on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties.
Disclaimer
Although Optimost has attempted to provide accurate information on the Site, Optimost assumes no responsibility for the accuracy of the information, which may contain technical or other inaccuracies, omissions or typographical errors. Optimost may change any of the information on this site at any time without notice, but Optimost makes no commitment to update the materials or information on the Site. You use the Site at your sole risk.
The material on the site is provided "AS IS" without any warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, Optimost disclaims all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing, usage or trade practice. Optimost makes no representations or warranties of any kind regarding the use, accuracy or reliability of information or material on the Site. Any reference to non-Optimost products or services is for informational purposes only and does not imply association with or endorsement by Optimost.
Trademarks
The trademarks, service marks and logos used and displayed on the Site are registered and unregistered trademarks and service marks of Optimost and others. All other registered and unregistered trademarks used on the Site are the property of their respective owners. You are not granted, expressly or by implication, any license or right to use any Optimost trademark, service mark or logo used or displayed on the Site without the prior express written permission of Optimost. When used with Optimost's permission, all trademarks must be identified as trademarks of Optimost using the appropriate symbol (e.g., TM or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels.
In addition, such marks must be listed, identified and attributed as the property of Optimost in a footnote at the end of the communication.
Patents
Optimost's technology and products, including products that may from time to time be available on the Site, may be protected by one or more United States and/or international patents or patents pending.
Personal Information
Optimost's Privacy Policy governs information submitted to Optimost through the Site.
User Submissions
Except as provided in the Privacy Policy, no ideas, material, computer code, information or other communication you submit or post to the Site will be considered confidential or proprietary. All such material becomes the exclusive property of Optimost, which is entitled to use such material for any purpose without restriction or compensation. You are prohibited from posting or transmitting to or from the Site any unlawful, infringing, threatening, libelous, defamatory, obscene or pornographic material or any other material that would violate any law.
Links to Other Sites
Optimost makes no representations or warranties about any other site that you may access through the Site. When you access a non-Optimost site, you are accessing an independent site over which Optimost has no control or responsibility. You do so at your own risk. The presence of the Site of links to non-Optimost sites does not imply that Optimost endorses or accepts responsibility for the content or use of such sites.
Access to Password-Protected or Secure Areas
Optimost may restrict some areas of the Site to authorized users only. Access to and use of areas of the Site that are password-protected and/or secure is restricted to such authorized users only. Unauthorized individuals attempting to access these areas may be subject to civil liability and criminal penalties.
Export Laws
Material on the Site is subject to U.S. export control laws and may also be subject to laws of the country where you reside. All Optimost products and materials on the Site are commercial in nature.
Applicable Law; and Enforcement
The Site is controlled by Optimost from its offices within the State of New York, United States of America. Optimost makes no representation that the material on the Site is appropriate or available for use in other locations. The laws of the State of New York, notwithstanding any conflicts of law principles, and the United States of America, will govern any claim relating to the material on the Site. Your use of the Site does not subject Optimost to judicial process or the jurisdiction of courts or other tribunals in your jurisdiction or location. Any part of these terms and conditions that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
Contact Information
All requests for further information or for permission to reproduce any portions of the Site should be directed to:
Privacy
Optimost LLC
300 E. 42nd Street, 11th Floor
New York, NY 10017
See also the Privacy Policy for this Web site
