Welcome to the Optimax Media Delivery (OptMD) web service, optmd.com (the "Service"). The following terms and conditions ("Terms and Conditions") govern your use of this web service, and by accessing, viewing, or using the material and functionality on the Service, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree with the Terms and Conditions, you are not granted permission to use the Service and should exit immediately.
All material contained in this Service is protected by law, including, but not limited to, United States copyright law. Except as indicated, the entire content including text, documents, products, logos, graphics, sounds, images, and design attributes ("Materials") of optmd.com and its family of services is © 2009 OptMD. All rights reserved. Removing or altering the copyright notice on any material on the Service is prohibited. OptMD also owns a copyright in this Service as a collective work and/or compilation, and in the selection, coordination, arrangement, organization, and enhancement of such content. Any commercial use of this content is prohibited without the prior written consent of OptMD. All other trademarks used that are not the intellectual property of OptMD are property of their respective holders.
Communications with Our Web Service
OptMD welcomes your feedback and suggestions about how to improve our products and services and this Service. By transmitting any suggestions, information, documents, material, or other content (collectively, "content") to OptMD, you automatically grant OptMD the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, OptMD is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Service for any purpose whatever, including but not limited to creating and marketing products and/or services using such information.
No Solicitation or Offer or Advice
This Service is designed to provide general information about OptMD and its products and services. Information on the Service is not intended to constitute an offer to sell or a solicitation of any particular product or service.
Confidentiality Cannot be Guaranteed
Please be advised that the confidentiality of any communication or material transmitted to OptMD via optmd.com or Internet electronic mail cannot be guaranteed, including personal information such as your address or telephone number. To ensure private and personalized attention, you may also write to OptMD at, 100 Wilshire Blvd. Suite 905 Santa Monica, CA 90401 USA.
Disclaimer of Warranty and Liability
Use of this Service is entirely at your own risk. Neither OptMD nor its affiliates is responsible for the consequences of reliance on any information contained in or submitted to the Service, and the risk of injury from the foregoing rests entirely with you. These materials are provided "as is" without warranty of any kind, either express or implied. OptMD shall not be liable for any direct, special, indirect, incidental, consequential, or punitive damages, including without limitation, lost revenues or lost profits, which may result from the use of, access to, or inability to use these materials. Under no circumstances will the total liability of OptMD to you exceed the price paid for use of the Service.
Corrections and Changes
While we endeavor to keep these materials up to date, OptMD cannot assume responsibility for any errors or omissions in these materials. OptMD further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. OptMD may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. These materials may include typographical errors. OptMD reserves the right to terminate your access to the Service in the event that you violate these Terms and Conditions, or for any reason whatever.
You agree to defend, indemnify, and hold harmless OptMD, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Service and any breach by you of these Terms and Conditions.
Links to Other Web Services
This Service may, from time to time, contain links to other Internet web services for the convenience of users in locating one of our clients' services, information, or services that may be of interest. These services are maintained by organizations over which OptMD exercises no control, and OptMD expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party services. OptMD does not control, endorse, promote, or have any affiliation with any other web service unless expressly stated herein. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.
Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable provincial, national and international laws and regulations. Neither OptMD nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Third Party Statistics
OptMD has not co-authored, ratified, endorsed or adopted any statistics provided by third parties by publishing them on this Service.
Governing Law and Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, USA, without reference to its choice of law rules. By accessing, viewing, or using the material on the Service, you consent to the jurisdiction of the federal and state courts presiding in Santa Monica, CA and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Service is controlled and operated by OptMD from its offices within the USA. OptMD makes no representation that materials in the Service are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Service from other locations do so of their own volition and are responsible for compliance with applicable local laws.
Intellectual Property Notices
Elements of this Service are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by OptMD.
OptMD, the OptMD logo, OPTIMAX®, and/or other OptMD products referenced herein are trademarks of OptMD, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
These Terms and Conditions constitute the entire agreement between you and OptMD with respect to your use of the Service. You acknowledge that, in providing you access to and use of the Service, OptMD has relied on your agreement to be legally bound by these Terms and Conditions.