Terms of Service ("Terms")
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://optimizems.com website operated by Optimize Marketing Solutions ("us", "we", or "our").
These Terms set out our commercial relationship, including your rights and obligations when accessing and using our website, platform, products, materials, lead generation search information, or any other technology, services, or related lead generation search information we provide you (collectively, the “Service”).
You will also find our privacy policy for our website located here.
These Terms apply to all visitors, users, and others who access or use the Service. You warrant that you are at least 18 years old and legally capable of entering into binding contracts. If you are under 18 years old, you warrant that you have obtained consent from your parent or guardian, and they agree to be bound by these Terms on your behalf.
By clicking “I Accept,” or by downloading, installing, or otherwise accessing or using the Service, you agree that you have read, understood, and are bound by the Terms and our Privacy Policy.
Purchasese
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete. By submitting such information, you grant us the right to provide the information to third parties to facilitate the completion of the Purchase.
We reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set either monthly or annually, depending on your subscription plan when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. Cancellations must be in writing and must be received within 14 days of the next rebill date. Cancellations can be processed by contacting Optimize Marketing Solutions’ customer support team at [email protected].
Payment
A valid payment method, including credit card or PayPal, is required to process your Subscription payment. You shall provide us with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, your access to the Service will be denied until such time as the subscription, license, or access fee is paid in full. You can contact support at [email protected] to arrange payment.
Free Trial
Optimize Marketing Solutions may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Optimize Marketing Solutions until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer or (ii) cancel such Free Trial offer.
Fee Changes
Optimize Marketing Solutions, in its sole discretion and at any time, may modify the Subscription fees for the Subscription. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Optimize Marketing Solutions will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
In most cases, refunds will not be granted as the products sold are digital in nature and available immediately after purchase. Certain refund requests for Subscriptions may be considered by Optimize Marketing Solutions on a case-by-case basis and granted at the sole discretion of Optimize Marketing Solutions. Refunds may include recouping associated costs and fees for the system at the discretion of Optimize Marketing Solutions. Due to the digital nature of the products sold, refunds are not normally granted.
Accounts
When you create an account with us, you must provide us with accurate, complete, and current information at all times. Failure to do so constitutes a breach of these Terms, which may result in the immediate termination of your account on our Service.
You are responsible for safeguarding your password to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities related to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes any person's copyright or other intellectual property rights ("Infringement").
If you are a copyright owner or authorized on behalf of one, and you believe that copyrighted work has been copied in a way that constitutes copyright infringement through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" via our support channel and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing your copyright.
Copyright Infringement Notice
To lodge a complaint with us, please contact us using our published support channels with the following information:
Your name and address;
Details of the alleged breach of copyright; and
URL link to the alleged breach of copyright (if applicable).
Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.
Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Optimize Marketing Solutions and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. Nothing in these Terms constitutes a transfer of any intellectual property rights from us to you.
Links To Other Web Sites
Our Service may contain links to third-party websites or services not owned or controlled by Optimize Marketing Solutions.
Optimize Marketing Solutions has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Optimize Marketing Solutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. To cancel ongoing subscriptions, please contact [email protected]. Please note that cancellations must be submitted through this method.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising from any termination or suspension or any other related actions taken by us.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) we have for you in our records.
Compliance With Relevant Laws; No Illegal Use
You agree to comply with all relevant laws, regulations, and rules (“Relevant Laws”) in connection with your access to and use of the Service, including but not limited to laws relating to copyright, spam, privacy, data protection, or trademark, intellectual property, export control, and regulatory requirements, and expressly including Spam Laws.
Further, you agree not to use the data provided by Optimize Marketing Solutions for any unlawful purposes or in a manner that is prohibited by these Terms. This includes any use that could damage, disable, overburden, or impair
General Inquiries