Legal
TERMS & CONDITIONS OF USE
Your use of this website (the “Optimitech Website”) and contents contained thereon are subject to the terms and conditions of use set forth below “Terms and Conditions”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE OPTIMITECH WEBSITE, for purposes OTHER THAN TO READ THESE TERMS AND CONDITIONS FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Ownership
The OPTIMITECH Website and the information, documents, data, products and/or programs contained thereon (collectively, the “Website Materials”) are the property of OPTIMIZING TECHNOLOGIES (“OPTIMITECH”).
Use & Limitations
Subject to these Terms and Conditions, you may view, copy, print, and distribute, the Website Materials or any portion thereof solely for informational purposes. You may not (i) copy, distribute, or use the Website Materials for any commercial purpose, (ii) make derivative works of the Website Materials, or (iii) incorporate the Website Materials in any other web page. All rights, title, and interest in and to the Website Materials and all intellectual property rights therein shall remain with OPTIMITECH and no ownership interest is transferred by virtue of making the Website Materials available on the OPTIMITECH Website or granting the foregoing licenses. All reproductions of the Website Materials or portions thereof must contain the following copyright notice: “Copyright © 2007 OPTIMIZING TECHNOLOGIES. All Rights Reserved.” Further, nothing contained in the OPTIMITECH Website shall be construed as conferring by implication or otherwise, any license or right under any patent or trademark of OPTIMITECH or any third party.
Separate or Additional Terms.
Notwithstanding anything contained in the foregoing paragraph, certain Website Materials (such as downloadable software and documentation) may be subject to separate or additional terms or conditions of use as stated either on the OPTIMITECH Website or in such Website Materials. You agree to comply with such terms and conditions with respect to your use of those Website Materials.
Feedback
OPTIMITECH will treat any questions, comments, data, materials or the like other than personally identifiable information (collectively, the “Feedback”) sent to OPTIMITECH as non-confidential and non-proprietary information. OPTIMITECH shall have no obligation of any kind to you or a third party with respect to such Feedback. You agree that OPTIMITECH shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute such Feedback to others without limitation and without payment of any consideration to you or a third party. You further agree that OPTIMITECH shall be free to use and exploit in any manner any ideas, concepts, know-how or techniques contained in such Feedback for any purpose without your or a third party’s consent. If you want your Feedback to be treated otherwise you are free to propose OPTIMITECH to conclude NDA or any other agreement before sending the Feedback itself.
Mailings
By submitting your name, company, e-mail address, classification, and any other personally identifiable information to us through the OPTIMITECH Website, you hereby grant to OPTIMITECH a royalty-free license to use and disclose this information in accordance with OPTIMITECH’s Privacy Policy. Please review OPTIMITECH’s Privacy Policy before using the OPTIMITECH Website or the Website Materials.
Errors, Revisions & Access
OPTIMITECH DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE OPTIMITECH WEBSITE OR WEBSITE MATERIALS. OPTIMITECH RESERVES THE RIGHT TO REVISE OR WITHDRAW ACCESS TO THE OPTIMITECH WEBSITE OR ANY WEBSITE MATERIALS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. NOTWITHSTANDING THE FOREGOING, OPTIMITECH SHALL HAVE NO OBLIGATION HEREUNDER TO UPDATE THE OPTIMITECH WEBSITE OR WEBSITE MATERIALS. IN NO EVENT SHALL OPTIMITECH OR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE OPTIMITECH WEBSITE OR ANY WEBSITE MATERIALS BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACT OR OMISSION BY YOU IN RELIANCE UPON THE OPTIMITECH WEBSITE OR ANY WEBSITE MATERIALS.
Disclaimer
YOU UNDERSTAND AND AGREE THAT, UNLESS OTHERWISE SPECIFICALLY AGREED BY OPTIMITECH IN A SEPARATE WRITTEN AGREEMENT, THE OPTIMITECH WEBSITE AND WEBSITE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. OPTIMITECH ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS ON THE OPTIMITECH WEBSITE OR IN THE WEBSITE MATERIALS (INCLUDING MATERIALS CREATED OR PUBLISHED BY THIRD PARTIES) OR OTHER DOCUMENTS THAT ARE REFERENCED BY OR LINKED TO THE OPTIMITECH WEBSITE. OPTIMITECH DOES NOT INTENTIONALLY INCLUDE INTO ANY INFORMATION AVAILABLE FOR DOWNLOADING THROUGH THE OPTIMITECH WEBSITE OR THE WEBSITE MATERIALS ANY INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE OR DEFECTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, BUT IT IS YOUR RESPONSIBILITY TO MAINTAIN SAFEGUARDS TO PROTECT YOUR COMPUTER FROM SUCH ITEMS. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.
Limitation of Liability
IN NO EVENT WILL OPTIMITECH BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE OPTIMITECH WEBSITE, WEBSITE MATERIALS, OR ANY OTHER WEBSITE HYPERLINKED TO THE OPTIMITECH WEBSITE OR WEBSITE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, INTERRUPTION OF USE, LOSS OR CORRUPTION of PROGRAMS OR OTHER DATA, WHETHER OR NOT OPTIMITECH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE OPTIMITECH WEBSITE OR THE WEBSITE MATERIALS, YOU ASSUME THE RISK OF ANY DAMAGES ARISING FROM ANY FAILURE OF THE OPTIMITECH WEBSITE OR THE WEBSITE MATERIALS TO PERFORM AS EXPECTED. YOU FURTHER ACKNOWLEDGE AND AGREE THAT AS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND OPTIMITECH FOR YOUR USE OF THE OPTIMITECH WEBSITE OR THE WEBSITE MATERIALS, UNLESS OTHERWISE SPECIFICALLY AGREED BY OPTIMITECH IN A SEPARATE WRITTEN AGREEMENT, OPTIMITECH’S TOTAL CUMULATIVE LIABILITY FOR DIRECT DAMAGES IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100) AND THAT IN THE ABSENCE OF THE LIMITATION OF LIABILITY PROVISIONS, THE COST TO YOU TO OBTAIN THE OPTIMITECH WEBSITE OR THE WEBSITE MATERIALS WOULD BE SUBSTANTIALLY HIGHER.
Amendment
OPTIMITECH may at any time revise these Terms and Conditions by updating this posting. By using the OPTIMITECH Website, you agree to be bound by any such revisions and therefore you should periodically visit this page of the OPTIMITECH Website to examine the then-current Terms and Conditions by which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the OPTIMITECH Website.
General
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms and Conditions shall for all purposes be governed by and interpreted in accordance with the laws of Russian Federation without giving effect to any conflicts of law principles that would require the application of the law of a different country. Any suit or proceeding arising out of or relating to these Terms and Conditions shall be commenced exclusively in Moscow Arbitrage or in common law court by the location of OPTIMITECH (depending on amenability), and you irrevocably submit to the exclusive jurisdiction and venue of such courts. Nothing herein limits OPTIMITECH’s right to proceed directly to any court of competent jurisdiction to obtain injunctive or other equitable relief, or to enforce it’s intellectual property rights. This Agreement, together constitutes the entire agreement between OPTIMITECH and you regarding use of the OPTIMITECH Website and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral regarding your use of the OPTIMITECH Website. You also may be subject to additional or different terms and conditions regarding your use of Website Materials or OPTIMITECH products or services.
If you have any questions about the foregoing, please contact OPTIMITECH at the following e-mail address: legal@optimitech.com