This agreement is in effect as of September 6, 2017.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
You understand that:
- In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account.
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- You agree to indemnify and hold harmless Optimizer Reports Inc. and its affiliates, and their directors, officers, managers, shareholders, employees, donors, agents, licensees and licensors, from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
ORI will ensure that appropriate record retention practices are in place and are in accordance with applicable laws. Such record retention practices relate to both physical and digital records. It does not apply to third parties such as Customers or independent contractors who are responsible for their own record retention policies.
ORI shall retain records to ensure that transactions can be appropriately processed, settled, refunded or charged back, to identify fraud, and also to comply with laws applicable to us and to our banking providers and credit card processors. Accordingly, even if you close your ORI account, we will retain certain information as necessary to meet our obligations. Any personal information provided to ORI shall be retained for a period of 7 years. A list of retention policies for specific items is listed below:
|Record Type||Retention Period|
|Contracts and Related Correspondence (including any proposal that resulted in the contract and all other supportive documentation)||7 years after completion|
|Licenses and Permits||Permanent|
|Memorandums of Understanding||7 years after completion|
|Financial information including accounts receivable and payable information||7 years|
|Anonymized Survey Responses for Data Analysis||Permanent|
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
- the use of our Resources will meet your needs or requirements,
- the use of our Resources will be uninterrupted, timely, secure or free from errors,
- the information obtained by using our Resources will be accurate or reliable, and
- any defects in the operation or functionality of any Resources we provide on line will be repaired or corrected.
Furthermore, you understand and agree that:
- any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content, and
- no information or advice, whether expressed, implied, oral or written, obtained by you from Optimizer Reports Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
You expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Optimizer Reports Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on www.optimizer720.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Optimizer Reports Inc, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Optimizer Reports Inc. Optimizer720®, Interactive Webcube®, Optimizer Reports®, Family Enterprise Optimizer®, Enterprise Optimizer®, Talent Optimizer® and variations thereof are registered trademarks of Optimizer Reports Inc. and shall not be modified, altered or used without its permission.
In certain instances, ORI, in its sole discretion, may allow you to use its Marks in an approved manner, which is explained in detail in the Certification and License Agreement, if applicable.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Upon termination of your License Agreement with ORI, you must cease and desist from all use of the Marks in any way and not adopt or use, without ORI’s prior written consent, any word, mark, or other identification that is likely to cause confusion, mistake, or to deceive with respect to any works or Marks of ORI.
This website is controlled by Optimizer Reports Inc. from our offices located in the province of Ontario, Canada. It can be accessed by most countries around the world. As each country has laws that may differ from those of Ontario, by accessing our website, you agree that the statutes and laws of Ontario, without regard to conflict of law provisions, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or provincial courts located in Ontario, Canada. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, OPTIMIZER REPORTS INC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Optimizer Reports Inc.