Welcome to OptiQly! We’re glad you’re interested in what we have to offer, and hope our programs and services help you to achieve your goals.
Please read these Terms of Service carefully, because once you start using any of our services, they became a binding agreement between you and OptiQly (“OQ” or “we”). By “Services,” we mean all products and services that we offer, including this website (www.OptiQ.ly (the “Website”)); our mobile sites and applications; any content of, features of, and/or services made available on or through, this Website, including but not limited to our API, our software (including but not limited to any browser extensions) and other downloads; and any specifications or other documentation (collectively, and including but not limited to the Website, the “Services”).
Put simply, you agree to be bound by these Terms if you use any of the Services, as either an individual acting in his or her personal capacity or a single business entity (as represented here by an individual authorized by the entity to do so). In addition, you must be at least 18 years old in order to use our Services.
We may make changes to these Terms of Service at any time, and your continued use of the Services after any such changes means you’ve agreed to the new Terms, so check the Website regularly. Note also that these Terms trump any previous agreement or understanding you may have had with us relating to the Services.
Similarly, OQ reserves the right to modify or withdraw any of our Services without notice to you at any time, including, for example, adding or removing functionality, features or services, or changing our fee structure. And, OQ is under no obligation to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop any part of the Services, for you or anyone else.
As always, your continued use of the Services signals your acceptance of any changes we make, whether to the Terms or to the Services themselves.
Accessing the Services and Account Security
You are responsible for (i) making all arrangements necessary for you to have access to the Services and (ii) ensuring that all persons who access the Services through your Internet connection are aware of these Terms of Service and comply with it.
To access the Website or those other parts of the Services available through the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to while using any interactive features on the Website, is governed by these Terms of Service, and you consent to all actions we take with respect to your information consistent with these Terms of Service.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information.
If you think your security information has been compromised, or become aware of any other unauthorized use or access, you agree to notify us immediately. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
In order to ensure the security of our systems, we have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
We are not liable or responsible if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to all or parts of the Services.
Use, and Misuse, of the Services
We think you will be very happy with the many things you can do with our Services.
There are, however, some things you should not do, unless specifically permitted under these Terms or otherwise by us in writing: you may not: (a) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any part of the Services; (b) separate the Services or any portion thereof into its component parts; (c) sublicense or permit simultaneous use of any part of the Services (d) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for all or any part of the Services (except to the extent applicable laws specifically prohibit such restriction); (e) redistribute, encumber, sell, rent, lease, sublicense, use any part of the Services in a timesharing or service bureau arrangement, or otherwise transfer rights or provide access to another person to any part of the Services; (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in on or any part of the Services; or (h) share any information about the operation and functioning of any part of the Services with a third party without our prior written consent.
Given the proprietary nature of our Services, it is essential that you not share any of the information you receive through our Services with any third parties.
You also are not permitted to modify copies of any materials obtained from or through the Services; delete or alter any copyright, trademark or other proprietary rights notices from copies of materials obtained from or through the Services; or access or use the Services for any commercial purposes outside of those explicitly permitted by these Terms.
Please use the Services for lawful purposes only, and in accordance with these Terms. Do not use the Services in a manner that violates any Federal, state or local laws; interferes with the Website or the Services; or infringes upon anyone’s rights.
We won’t list all the other things you shouldn’t do with the Services; please use your good judgment and common sense. That said, we have the right to terminate your account, prohibit your use of the Services, and take appropriate legal action if we determine in our sole discretion that you are using the Services inappropriately.
The Company name and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in or on any portion of the Services are the trademarks of their respective owners.
You agree that, unless otherwise specifically provided herein or agreed by the Company in writing, any and all portions of the Services, taken together or separately, including the specific design and structure of individual computer programs, provided to you, or which you are hereby permitted to access and use, by the Company constitute confidential proprietary information of the Company. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of the Company. You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the Services. You will use your best efforts to cooperate with and assist the Company in identifying and preventing any unauthorized use, copying, or disclosure of the Services, or any portion thereof.
We love your feedback, and urge you to provide us with your suggestions and comments about the Services. Please note that by providing such feedback you grant to us the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the feedback as part of our Services; (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the feedback (and derivative works thereof) as part of the Services; and (iii) solely with respect to your copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. Further, you warrant that your feedback is not subject to any license terms that would purport to require OQ to comply with any additional obligations with respect to any Services that incorporate any feedback.
Either of us may terminate these Terms of Service at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of these Terms, any rights and licenses granted to you will immediately terminate, and you will immediately cease using, completely uninstall and will return to us (or, at our request, delete or destroy) any part of the Services you may have on any computer equipment and all other tangible items in your possession or control that are proprietary to or contain Confidential Information.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We don’t warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk, and we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any person accessing the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by OQ, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinions, and we are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Information About You and Your Visits to the Website
All information we collect on this Website and through the Services are subject to these Terms of Service. By using the Website, you consent to all actions we take with respect to your information in compliance with these Terms of Service.
Links from the Services
If any part of the Services contains links to websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to any part of the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of New York in the United States, and we provide this Website and Services for use only by persons located in the United States. We make no claim that the Services, Website or any associated content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Warranties and Disclaimers
We strive to use a commercially reasonable level of care to provide our services, but there are certain assurances we can’t make:
YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OQ NOR ANY PERSON ASSOCIATED WITH OQ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE OQ NOR ANYONE ASSOCIATED WITH OQ REPRESENTS OR WARRANTS THAT ANY PART OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR ANY SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SERVICES.
OQ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL OQ, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR ANY DISRUPTION, DAMAGE OR OTHER ADVERSE EFFECT TO OR ON, ANY PART OF THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT ON OR MADE AVAILABLE THROUGH THE SERVICES OR SUCH LINKED WEBSITES, ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH LINKED WEBSITES OR ANY COMPUTER EQUIPMENT, COMPUTER SOFTWARE, DATA OR OTHER MATERIAL (INCLUDING ANY PART OF THE SERVICES) THAT YOU MAY HAVE INSTALLED, COPIED, ACCESSED OR USED IN ORDER TO USE ANY PART OF THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
WE ALSO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OR MADE AVAILABLE THROUGH ANY PART OF THE SERVICES, OR ON ANY OTHER WEBSITE LINKED TO ANY PART OF THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You hereby indemnify, defend and hold harmless OQ and all its officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service, or your use of any information obtained from the Services, or any representations, warranties and covenants contained here. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Governing Law and Jurisdiction
All matters relating to the Services, the Website and these Terms and any related dispute or claim shall be governed by and construed in accordance with the laws of the State of New York without regard to its “conflict of laws” provisions. You agree that any legal suit, action or proceeding arising out of, or related to, the Services, the Website or these Terms shall be brought exclusively in the federal or state courts located in New York, New York, and you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Note, though, that we can bring any suit, action or proceeding against you for breach of these Terms in your state of residence or any other relevant state.
Waiver and Severability
Even If we do not take immediate action in response to a violation of these Terms by you, we retain the right to enforce the provisions of these Terms at any time in the future. In other words, silence does not constitute acceptance and is not a waiver of any of our enforcement rights.
If a provision in these Terms is determined to be non-enforceable for any reason, the rest of the Terms will continue in full force.
In addition to these Terms, your use of our products and services may be subject to a separate agreement with us. These Terms, along with any terms that you negotiate separately with us, constitute the sole and entire agreement between you and OQ with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
Your Comments and Concerns
This website is operated by OptiQ.ly, Inc. a Delaware corporation located at 125 Park Avenue, 25th floor, New York, NY 10017.
All notices of copyright infringement claims should be sent to the Company at firstname.lastname@example.org or to OptiQ.ly, Inc. at 125 Park Avenue, 25th floor, New York, NY 10017.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support [at] optiq.ly.