Terms of Use
Last Updated: April 11, 2020
Welcome to https://theoptimizeteam.com/ (the “Website”)!
Please take a few minutes to review these Terms of Service (the “Terms”) carefully. Your use of the Website indicates your agreement to follow and be bound by the Terms discussed below. By accessing, browsing, or using the Website, including through your computer, laptop, mobile device, or tablet, you expressly agree to be bound to and to abide by the Terms, in addition to our Privacy Policy, or other related policies which expressly incorporate by reference the Terms (collectively, “Policies”). IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE WEBSITE.
1. Legal Agreement:
Your use of this Website is governed by the Terms discussed below, including any documents or policies it expressly incorporates by reference governing access to and use of the Website or any virtual event (“Event”) hosted by Optimize Services LLC (“Optimize”), whether as a visitor, customer, guest, donor, registered Event participant or other user (collectively, “Services”). Your use of the Website and acceptance of these Terms creates a legal, binding, and enforceable agreement between you and Optimize. This means that by using the Website and the Services, you are agreeing to these Terms of Use, which results in a legal agreement between you and Optimize. If you do not agree to the Terms of Use, please do not access or use the Website, participate in the Event or utilize the Services.
Words such as “Optimize,” “Ops Next”, “us,” “we,” “our,” or “it” refer to Optimize. “You,” “your,” “User,” and similar words in these Terms means you, the individual accessing the Website or participating in the Event or Services, as well as any other person or business on whose behalf you may be using the Website or participating in the Event who may have rights through you.
BY ACCEPTING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THEM AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
PLEASE REVIEW SECTION 18 CAREFULLY BECAUSE IT CONTAINS DISPUTE RESOLUTION AND ARBITRATION PROVISIONS, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS AND ABILITY TO RESOLVE DISPUTES WITH US. THESE TERMS ALSO CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. SUCH DISCLAIMERS, OR ANY ITEMS DISCUSSED IN THESE TERMS, APPLY TO YOU AND ANY INDIVIDUAL UNDER THE AGE OF 18 FOR WHOM YOU ARE THE PARENT OR GUARDIAN.
2. Age Restrictions:
You must be at least 18 years old to use the Website or participate in the Services. If you are a legal minor, meaning under 18 years old, you must have permission from a parent or legal guardian to use the Website or participate in the Services or Event. If you are that minor’s parent or guardian, in granting permission for that minor’s use of the Website or Services, you acknowledge that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of our Website; and (iii) the consequences of any misuse by the minor or if the minor violates any of these Terms. We have no intention of collecting personal information from individuals under the age of 18.
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13 without verified parental or guardian consent. If you are under 13, you are not permitted to use our Website or any related Services and should not provide us with any Personal Information about yourself, including your name, address, telephone number, email address, or any screen name or username you may use.
If we learn we have collected or received Personal Information from a child under 13 without verified parental consent, we will delete that information in accordance with the Children’s Online Privacy Protection Act. If you believe we might have any information from or about a child under 13, please contact us at info@opsnext.co, and we will take reasonable steps to ensure that such information is deleted from our records.
By accessing the Website, you represent and warrant to us, meaning you guarantee that: (i) you are within the discussed age restrictions; (ii) you have the right, authority and capacity to agree to, and abide by these Terms; (iii) you will not use the Services or the Website for any unlawful purpose; and (iv) you will not use the Services or the Website for any purpose which violates these Terms, as determined by us.
3. Website Content Generally
All content on the Website, presented during an Event or any Services you obtain through the Website or at an EVENT (collectively, “Content”), are provided to you ‘AS IS’, ‘AS AVAILABLE,’ and ‘WITH ALL FAULTS’. The Content and other information published through the Website or at the Event may include inaccuracies or typographical errors. This means we use commercially reasonable efforts to provide you with useful Content, however, we do not warrant or represent that the Content or other information available through the Website or Services is complete or up-to-date, or without inaccuracies or typographical errors. THEREFORE, your use or reliance of the Website’s Content is at your own risk, without recourse against Optimize. Under no circumstance will we be liable for any loss or damage caused by your reliance on any Content or other information obtained through the Website, an Event, or our Services.
You may not copy, download, store, publish, transmit, transfer, sell or otherwise use Content, or any portion of the Content, in any form or by any means, except: (i) as expressly permitted by these Terms; (ii) with Optimizes’ prior written permission, or (ii) if not expressly prohibited by these Terms, as allowed under the fair use provision of the U.S. Copyright Act (17 U.S.C. § 107).
4. User Content:
Any Content that you create, upload, share, store, or otherwise add to the Website, whether privately transmitted or publicly posted, is called your “User Content.” You are solely responsible for all User Content and the User Content is subject to terms below and our Privacy Policy to the extent it relates to any of your personally identifiable information. This means that you, and not Optimize, is entirely responsible for all User Content that you upload, download, post, email, transmit, or otherwise make available or use via the Services and that such Content must comply with all applicable laws and regulations and these Terms of Use.
You agree that your User Content will not:
Contains obscenities, as determined by us;
Includes images of people who without their permission;
Infringes on the intellectual property or other ownership rights of others; or
Violates any provision of the Website use restrictions described in these Terms or we otherwise determine to be objectionable.
You will retain ownership of your User Content. However, except for the limitations on using and disclosing your personal information in our Privacy Policy, you agree that by posting User Content anywhere within, on, or using the Services, you automatically grant to us an irrevocable, perpetual, non-exclusive, paid-up, royalty free license to use, copy, sell, and distribute your User Content in any way and to prepare derivative or collaborative works of such User Content of any kind, as well as authorize us to sublicense any of the aforementioned User Content in any medium or format, as determined by us.
You further grant us the right to promote your User Content through Social Media Profiles or other marketing materials, as determined by us in our sole discretion.
You promise that the following in relation to all User Content:
You own all of your User Content and if you do not own it you have all necessary rights, consents, and permissions to use your User Content;
None of the User Content you provide contains any data or information that is confidential, non-public, owned by or otherwise proprietary to a third party, not in the public domain or otherwise restricted or protected from use by any individual, entity or other party for any use by a third party;
Your User Content does not and will not infringe, misappropriate, use, or disclose (without permission) or otherwise violate any copyright, trade secret right, or other intellectual property or other property right of any third party; and
Your User Content is not illegal, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable (as determined by us).
If you are unsure whether any of your User Content complies with the above criteria or you have any questions about the legality of your User Content, we strongly recommend speaking to an attorney.
You understand that we may (but are not required to): (i) filter any User Content including but not limited to, deleting or replacing expletives or other harmful or offensive language; (ii) refuse to display any User Content; (iii) remove any User Content from the Website or Event for any reason; or (iv) disclose any User Content, and the circumstances surrounding why it was posted or used, to any third party for any reason or no reason. Although these are possibilities, we are not responsible for, and will have no liability for, the removal or non-removal of any User Content or for the failure to store any User Content, messages, and other communications or other User Content.
We do not endorse and are not responsible for: (i) any User Content provided by other Users; (ii) the accuracy or reliability of any opinion, advice, statement, or User Content; (iii) any User Content provided on Linked Sites (defined below); or (iv) the capabilities or reliability of any items or service obtained from a Linked Site related to any User Content.
5. Links from this Website to Other Websites (“Linked Sites”):
Our Website may provide links to other third-party sites that allow you to leave the Website (a “Linked Site”). We have no discretion or control over the contents or information on a Linked Site, and we do not verify, endorse, or have any responsibility for these Linked Sites, even if the Linked Site is a third-party service provider or part of one of our co-branding or promotional arrangements. 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, including if any Linked Site obtains or collects personally-identifiable information from you. If you decide to access any Linked Site, you do so entirely at your own risk and subject to the terms of service, privacy policies, or other conditions or policies for those Linked Sites.
Our Website may display third party advertisements, promotional material, and Linked Sites. We may be compensated for your clicks or purchases in connection with these third-party advertisements, promotional material, and Linked Sites. Please see our Privacy Policy for more information.
6. Privacy Policy.
By using the Website, our Services or participating in any Event, you consent and agree that we may use all collected information as described in our Privacy Policy, which is incorporated into these Terms by reference. Please see our Privacy Policy for more information.
7. Intellectual Property:
Please note, in these Terms, the phrase "intellectual property" describes the ownership rights or other protections over Optimize’s creative and intellectual efforts. We describe what this means in more detail below.
The Website and its Content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, compilation, and arrangement thereof), are owned by Optimize, its licensors, or other providers of such material (if any) and are protected by United States and international copyright, trademark, patent, trade secret, contract, and other intellectual property or proprietary rights laws. You do not own nor do you have title or interest to the Website, its Content, or other materials discussed in this paragraph.
These Terms permit the use of the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content or other material on our Website, provided at an Event or the sites of third-party provides which are accessible from the Website, expect as follows:
Your computer may temporarily store copies of Content or materials incidental to your accessing the Website or Event and viewing those materials.
You may store files that are automatically cached by your Internet browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by these Terms.
If we provide social media features through the Website, you may take such actions as are enabled by those social media such features.
However, you must not under any circumstances:
Modify, translate, or otherwise create copies of any Content or materials from this Website.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
You must not access or use for any commercial purposes any part of the Website or any Content, Services, or materials available through the Website or an Event. If you wish to make any use of Content or other materials on the Website or from an Event other than as discussed in these Terms, please contact Optimize first info@opsnext.co.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Event, including any Content, Services or other materials available through the Website, is a breach of these Terms. Your right to use the Website or participate in the Event may end immediately and you must return or destroy any copies of the materials you have made. In summary, no right, title, or interest in or to the Website, Event or any Content, Services, or materials available through the Website or the Event are transferred to you, and all rights not expressly granted above are reserved by Optimize. Any use of the Website not expressly permitted by these Terms is not only a breach of these Terms, but may also violate certain laws.
8. Trademarks
Optimize’s name and all related names, logos, graphics, page headers, button icons, product and service names, designs, slogans and other Content are trademarks of Optimize or its affiliates or licensors. You must not use such trademarks without our prior written permission. All other trademarks that appear on this Website, at an Event or through the Services are the property of their respective owners.
9. Copyright Complaints:
We respect the intellectual property of others and we ask that Users do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
(A) Copyright Infringement.
Optimize will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Optimize at info@opsnext.co (Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
(B) Counter-Notice
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to Optimize at info@opsnext.co:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If we receive a counter-notice, Optimize will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
(C) Repeat Infringer.
In accordance with the DMCA and other applicable law, Optimize has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, Users who have in any way infringed on our intellectual property rights, or the intellectual property rights of others. We may also at our sole discretion limit or terminate access to the Services, Website or an Event of any Users who infringe any intellectual property rights of others, whether there is any repeat infringement.
10. Linking To Our Website:
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional Terms we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any provision of these Terms.
You agree to cooperate with us in stopping any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
11. Third-Party Products and Services
All third-party products or services included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer or service provider, who is solely responsible for service and support for its product or service. For service, support, or warranty assistance, you should contact the manufacturer or service provider directly. OPTIMIZE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
12. Website Use Restrictions:
You may not use or plan, encourage, or help others to use the Website and its Content (including any User Content) for any purpose or in any manner that is prohibited by these Terms or by applicable law. In using the Website, you agree at all times that you shall not:
Use the Website in any way that violates any federal, state, local or international law or regulation;
Use the Website for the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
Copy, distribute, or modify any part of the Services, Website or an Event without our prior written authorization;
Transmit any Content which contains software viruses, Trojan horses, worms, logic bombs or other harmful computer code, files or programs or other material designed to maliciously interrupt, harm, destroy or limit the functionality of any computer, device or software;
Harass, stalk or intimidate other Users;
Impersonate or attempt to impersonate Optimize, an Optimize employee, another user, or any other person or entity (including, without limitation, by using any email addresses associated with any of the foregoing);
Disrupt the networks connected to the Services, including but not limited to: attempting to probe, scan or test the vulnerability of the Services, attempting to breach security or authentication measures without proper authorization, or attempting to interfere with the Services, Website, or a User, by means such as overloading, ‘flooding’, ‘mailbombing’ or ‘crashing’;
Circumvent, disable or otherwise interfere with security-related features of the Services, Website, or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services;
Collect Content, personally identifying information, and/or other information from the Website, or otherwise access the Website, by using any automated means, including but not limited to, ‘robots’, ‘spiders’, ‘scrapers’ and ‘offline readers’, without our prior written approval which we may withhold in our discretion;
Modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, sublicense, sell, or distribute the Services;
Rent or lease any rights in the Website in any form to any third party or make the Services available or accessible to third parties;
Use any communications systems provided by the Website to send unsolicited or unauthorized communications, including but not limited to by email, SMS, MMS, or any other means;
Mislead or attempt to mislead or defraud or attempt to defraud or conceal any information relating to Content or other information that you provide to us;
Link, deep link, ‘frame’ or ‘mirror’ any part of the Website without our prior consent; or
Use the Website for any unlawful, harmful, or inappropriate purpose, or in any manner that breaches these Terms or is otherwise objectionable, as determined by us in our sole discretion.
Otherwise use the Services except as expressly allowed under these Terms of Use and applicable policies.
By using the Website and participating in an Event, you represent and warrant that you meet all the requirements listed above and agree to these Terms of Use. Please note, by representing and warranting, you are making a legally enforceable promise.
13. Website Modification, Termination, and Restriction:
Any of the Content or other materials on the Website may be out of date at any given time and we are under no obligation to update such Content. However, we reserve the right from time to time to modify, discontinue, or restrict your access to the Website or any Event at any time in our absolute and sole discretion, without notice to you, for any reason. We may also take any other actions that we, in our sole discretion, believe not to be in the interest of the Website, the Services or an Event and of the Website’s users as a whole. You agree that Optimize shall not be liable to you or any third party for any modification, restriction, termination, suspension, or discontinuance of the Website, Services or participation in the Event.
14. Communications
You consent to accept and receive communications from us, including email, text messages, and calls to the telephone number you provide to us as described in our Privacy Policy. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
15. Disclaimers:
You understand that we cannot and do not guarantee or warrant that information, materials, and services from the Internet, Event or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE 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 ATTENDANCE AT THE EVENT, USE OF THE WEBSITE OR ANY PRODUCTS AND SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
IF YOU CHOOSE TO USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. OUR SERVICES AND CONTENT ARE PROVIDED ‘AS IS’, ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, OUR SERVICES OR PARTICIPATE IN THE EVENT. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE WEBSITE, EVENT AND/OR THE SERVICES OPTIMIZE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUIET TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OPTIMIZE MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, EVENT AND/OR CONTENT WILL MEET YOUR NEEDS, EXPECTATIONS, BE TO YOUR SATISFACTION, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE, BUG-FREE, OR MALWARE-FREE BASIS. OPTIMIZE MAKES NO WARRANTY REGARDING THE QUALITY OF OUR SERVICES, EVENT, WEBSITE, OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES, EVENT OR WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OPTIMIZE OR THROUGH THE SERVICES, EVENT, WEBSITE, OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
16. Limitation of Liability:
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ICHOR STRATEGIES, 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, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, 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.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Dispute Resolution:
Any dispute or claim relating in any way to your use of the Website, participation at the Event or your use of the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in a Commonwealth of Virginia small claims court if your claims qualify.
The binding arbitration will be administered in accordance with the rules of the American Arbitration Association (the “AAA”), in the Commonwealth of Virginia, and at our option, such arbitration shall be before a single neutral arbitrator selected in our sole and absolute discretion. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act (“FAA”) and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under these Terms or the enforcement thereof, then that issue shall be resolved under the laws of the Commonwealth of Virginia.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms as a court would. The prevailing party in arbitration will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
To begin an arbitration proceeding, you must provide Optimize with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules available at www.adr.org or by calling the AAA at 1-800-778-7879). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
If for any reason a claim proceeds in court rather than in arbitration, then the dispute will be handled in the Commonwealth of Virginia courts and you IRREVOCABLY WAIVE YOUR RIGHT TO A TRIAL BY JURY. By using the Services or Website, you irrevocably agree and consent to be bound to personal jurisdiction of and venue selection of the courts located in the Commonwealth of Virginia closest to Optimize’s principal office.
18. Indemnification:
By participating in the Services, Event or using the Website for any reason, you agree to indemnify, defend, and hold Optimize and our affiliates harmless from and against any and all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to your violation of these Terms, your participation in the Event, or your use of the Website, including, but not limited to, any use of the Website’s content and Services other than as expressly authorized in these Terms or your use of any information obtained from the Website.
19. Limitation on Time to Initiate a Dispute:
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
20. Severability; No Waiver:
The representations and warranties and/or covenants set forth herein are each to be construed as a separate agreement, independent of any other provisions of these Terms. Further, the invalidity or unenforceability of any provision, word, phrase, clause, sentence, paragraph or section of these Terms shall in no way affect the validity or enforceability of any other provision, word, phrase, clause, sentence, paragraph or section of these Terms, and any such invalid or unenforceable provision that is overbroad shall be deemed narrowed to the broadest term permitted by applicable law and shall be enforced as narrowed. If one or more of the provisions in these Terms is deemed invalid or unenforceable, then the remaining provisions will continue in full force and effect. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
21. Assignment:
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us as determined by us.
22. Modifications to the Terms:
We reserve the right to revise and update these Terms, together with our Polices, and any other document referenced in these Terms at any time in our sole discretion without prior notice. All changes are effective immediately, but will not apply retroactively, when we post them on the Website, so your use of the Website or participation in an Event means you agree to be bound by those revisions. Therefore, we encourage you to periodically review these Terms.
If you do not accept and agree to any revised portions of these Terms, you may reject them by immediately discontinuing use of the Services, Website or participation in any Event. In the event you reject the Terms and continue to access or use the Services or Website, such continued access or use is unauthorized.
23. Headings:
Headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms. Further, whenever the context requires, all words, including but not limited to defined capitalized terms, will include the masculine, feminine, and neutral, and each word will include the singular form, plural form, and other conjugations of that word.
24. Governing Law; English Language:
By using the Services or our Website or participating in the Event, you agree that the laws of the Commonwealth of Virginia, the United States of America, and the Federal Arbitration Act will govern these Terms, our Privacy Policy, or other Policies, without regard to conflicts of law principles. In the event of a conflict between these Terms and a foreign language version of these Terms, the English language version of these Terms shall govern. Further, all disputes, claims and causes of action (and related proceedings) will be communicated in English.
25. Geographical Restrictions:
The Website and Events are controlled and offered from within the United States. We provide this Website for use only by persons located in the United States. We make no representations or claims that the Services, Website or Events are accessible or appropriate outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Services, Website or Event from outside the United States, you do so on your own initiative and are responsible for compliance with any local laws. The Services or Website are designed and targeted to Users who reside in the United States. We make no representation that the Services or Website are operated in accordance with the laws or regulations of, or governed by, other nations.
26. Compliance:
For purposes of the U.S. Export Administration Act (“Export Laws”), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”)) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving the Services, Website, Event or Content.
27. Feedback:
We value your comments and opinions. If you have questions, comments or a complaint about these Terms, you may send a written notice to us by email at info@opsnext.co.
Conference Attendee Terms of Service
Last Updated: April 11, 2022
These are the terms and conditions (“Terms”) governing your participation in any Optimize Services LLC (“Optimize”) operated virtual event, meeting, show, seminar or conference (the “Event”). By registering for the Event you agree to these Terms, which form a binding legal contract between the Optimize and the registered participant (“you” or “Participant”). If you are registering on behalf of another individual, it is your responsibility to ensure the person participating is aware of these terms and accepts them. By completing the registration on behalf of another individual you are warranting that you have made the Participant aware of these terms and that they have accepted these terms. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE THE REGISTRATION PROCESS FOR THE EVENT.
1. Legal Agreement
Your participation at the Event is governed by these Terms, Optimize’s Terms of Service, and Optimize’s Privacy Policy, all of which are expressly incorporated herein. Your registration for and participation at the Event and acceptance of these Terms, the Terms of Use and Privacy Policy, creates a legal, binding, and enforceable agreement between you and Ops Next. This means that by registering for the Event, you are agreeing to these Terms, which results in a legal agreement between you and Ops Next. If you do not agree to the Terms of Use, please do not continue your registration process for the Event.
Words such as “Ops Next,” “us,” “we,” “our,” or “it” refer to Ops Next. “Participant,” “You,” “your,” “User,” and similar words in these Terms means you, the individual registering for the Event or being registered for the Event, as well as any other person or business on whose behalf you may be attending the Event who may have rights through you.
2. Participant Requirements
A) Access.
Your registration entitles you to access to the Event for which you have registered. Any and all other costs associated with your attendance shall be borne solely by you, and the Event shall have no liability for such costs.
B) Use of Likeness.
By participating in the Event you hereby acknowledge, agree and irrevocably grant Optimize the right at the Event to record, film, live stream, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to Optimize includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media. This includes the unrestricted right to use your name, voice, image, persona, appearance, likeness, identity, performance, recorded media or personal story. You further agree to release your moral rights, rights of publicity, editorial rights, or other rights with respect to your Likeness in connection with the Event any future use by Optimize in regards to marketing, business development and engagement of future clients. You will not receive any compensation for the use of your Likeness and Optimize will retain all rights, title, ownership and interest any content created with your likeness at the Event, and Optimize’s use of it is in their sole discretion.
C) Virtual Event Content.
You acknowledge and agree that Optimize, in its sole discretion, reserves the right to change any and all aspects of the Event, including but not limited to, the Event name, themes, content, program, speakers, performers, hosts, moderators, venue, and time
3. Prohibited Conduct
The following actions are prohibited during the Event or related to the Event:
selling, trading, transferring, or sharing the access link and/or code, unless such transfer or sharing is authorized by Optimize;
engaging in, making or otherwise acting in a manner that is disruptive, offensive or discriminatory or otherwise hinders the progress of the Event which is direct towards or impacts Optimize, other attendees or any speaker;
recording, live streaming, videotaping, broadcasting, taping or other similar actions, whether with video, audio or a combination; or
engaging in or is reputed to engage in unethical or non-compliant business practices.
If you engage in any of the prohibited acts above, Optimize may termination your access to or participation in the Event and Optimize reserves the right to deny you access to any future events hosted by Optimize, in Optimize’s sole discretion.
4. Virtual Event Registration Confirmation
Once you have completed your registration, you will receive your registration confirmation by email. Please ensure that your valid email is entered correctly on the registration form. Be sure to check your junk email box too in case any of your Event email(s) are caught by spam filters. You will receive essential information for registered attendees electronically at the email address and mailing address that are provided on your registration form.
You will also be added to the Event participant list for notifications of future Events. If you would like to opt-out of any of these benefits, a link is provided in each email to provide the ability to opt-out. You can also contact us info@opsnext.co. Your email address will be maintained in accordance with our Privacy Policy.
5. Force Majeure
If Optimize is prevented from carrying out the Event as a result of any cause beyond its control, or such Event cannot be conducted virtually because of a software or issue with the hosting platform or due to acts of God, strikes, labor disputes, government requisitions, restrictions or war or apparent act of war, terrorism, disaster, civil disorder, epidemic or pandemic, curtailment or restriction on transportation facilities, or any other comparable calamity, casualty or condition (collectively a “Force Majeure”), Optimize shall have the right to immediately terminate or reschedule the affected Event without liability and shall be relieved of its obligations to you.