Electronic Communications Visiting http://www.optimizeplayer.com or sending emails to OptimizePlayer constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that OptimizePlayer is not responsible for third party access to your account that results from theft or misappropriation of your account. OptimizePlayer and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
OptimizePlayer does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.optimizeplayer.com only with permission of a parent or guardian.
Payment, Refunds, Upgrading and Downgrading A valid credit card is required for paying accounts unless your company pays for services annually, in which case payment via check or PayPal is acceptable. Trial accounts are not required to provide a credit card number.
The OptimizePlayer Service is billed in advance in accordance with our pricing schedule. There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused with an open account, except in the case of our 30-day money back guarantee (see below). In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes. You agree to pay for any taxes that might be applicable to your use of the OptimizePlayer Service or payments made by you in connection with your use of the OptimizePlayer Service.
30-day money back guarantee If for any reason, you are unhappy with your OptimizePlayer purchase, we do offer a 30-day money back guarantee. If you decide not to use OptimizePlayer in your business within 30 days from your first payment, you may request a full refund. This applies to both annual and monthly subscriptions.
Cancellation You are solely responsible for properly canceling your account. As a security precaution, the cancellation request must come from the Account Owner's email or Intercom user account. Any cancellation of your account will result in the deactivation or deletion of your account, and the removal of all content in your account. This information can be restored by request of the Account Owner to OptimizePlayer for a 14-day period. Cancelled accounts cannot be recovered or restored from OptimizePlayer following this 14-day period. Please be aware that we may for a time, retain residual account information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Cancellations will take effect immediately. If you wish to continue using your account through the end of a billing cycle, please do not cancel until the billing cycle is completed.
Termination OptimizePlayer reserves the right to terminate any free accounts that do not have any activity (uploads or logins) for sixty (60) days, or trial accounts without a payment method thirty (30) days after expiration. We also reserve the right to terminate any one time payment accounts that do not have any activity (upload or logins) for six (6) months. OptimizePlayer, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms of Service. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account.
Modifications to the OptimizePlayer Site and Prices We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the OptimizePlayer Service (or any part thereof) with or without notice. However, we will make our very best efforts to notify customers of any upcoming system maintenance and/or service disruptions.
Prices of all OptimizePlayer plans are subject to change. If OptimizePlayer does for any reason have to remove the plan you are on or require an upgrade to a current plan, we will provide you with at least six (3) months notice via email.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the OptimizePlayer Service.
We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.
If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the OptimizePlayer Service. Your continued use of the OptimizePlayer Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current OptimizePlayer Service, including the release of new tools and resources, will be subject to these Terms of Service.
Links to third party sites/Third party services
http://www.optimizeplayer.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of OptimizePlayer and OptimizePlayer is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. OptimizePlayer is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OptimizePlayer of the site or any association with its operators.
Certain services made available via http://www.optimizeplayer.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.optimizeplayer.com domain, you hereby acknowledge and consent that OptimizePlayer may share such information and data with any third party with whom OptimizePlayer has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.optimizeplayer.com users and customers.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of OptimizePlayer or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. OptimizePlayer content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of OptimizePlayer and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of OptimizePlayer or our licensors except as expressly authorized by these Terms.
Third Party Accounts You will be able to connect your OptimizePlayer account to third party accounts. By connecting your OptimizePlayer account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users The Service is controlled, operated and administered by OptimizePlayer from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the OptimizePlayer Content accessed through http://www.optimizeplayer.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification You agree to indemnify, defend and hold harmless OptimizePlayer, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. OptimizePlayer reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OptimizePlayer in asserting any available defenses.
Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OPTIMIZEPLAYER, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
OPTIMIZEPLAYER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. OPTIMIZEPLAYER, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Termination/access restriction OptimizePlayer reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and OptimizePlayer as a result of this agreement or use of the Site. OptimizePlayer’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OptimizePlayer’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by OptimizePlayer with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and OptimizePlayer with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OptimizePlayer with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms OptimizePlayer reserves the right, in its sole discretion, to change the Terms under which http://www.optimizeplayer.com is offered. The most current version of the Terms will supersede all previous versions. OptimizePlayer encourages you to periodically review the Terms to stay informed of our updates.
Contact Us OptimizePlayer welcomes your questions or comments regarding the Terms:
OptimizePlayer 1001 Chessway Drive Morrisville, NC 27560 Email Address:
[email protected] Telephone number: 2105354243
Effective as of January 04, 2015
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