TERMS AND CONDITIONS OF USE

Updated: March 23, 2021

IMPORTANT NOTICE TO USER: PLEASE READ CAREFULLY BEFORE CONTINUING USING THIS SITE.

THESE TERMS AND CONDITIONS OF USE (“AGREEMENT”) CONSTITUTES A LEGALLY BINDING AGREEMENT MADE BETWEEN YOU, WHETHER PERSONALLY OR ON BEHALF OF AN ENTITY (“USER” OR “YOU”), AND OPTIMAL FINANCIAL SYSTEMS, LLC AND ITS AFFILIATED COMPANIES (COLLECTIVELY, “COMPANY” OR “WE” OR “US” OR “OUR”), CONCERNING YOUR ACCESS TO AND USE OF THE https://optimalfinancial.io/ WEBSITE AS WELL AS ANY OTHER MEDIA FORM, MEDIA CHANNEL, MOBILE WEBSITE, OR MOBILE APPLICATION RELATED OR CONNECTED THERETO (COLLECTIVELY, THE “SITE”). WE RESERVE THE RIGHT TO UPDATE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU.

The company makes no representation that the Site is appropriate or available in other locations other than where it is operated by Company. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to use the Site.

USE OF THE SITE

Company hereby grants you a limited, revocable, non-exclusive license to access the Site solely for purposes directly related to your professional activities arising in the ordinary course of business, subject to and in accordance with the terms and conditions of this Agreement. Any other use of the Site is strictly prohibited.

In connection with your use on the Site, you shall (i) comply with all applicable laws and regulations, (ii) make no false or misleading representations of any type to any party regarding to the Site or any product or service offered by Company, and (iii) not participate or engage in any illegal, deceptive, misleading, unethical or improper practices or infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.

NO UNLAWFUL OR PROHIBITED USE

You may not use the Site (a) for any purpose that is unlawful or prohibited by this Agreement, (b) in any manner that could damage, disable, overburden, or impair any Company server, or the network(s) connected to any Company server, or (c) in any manner that could interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to computer systems or networks connected to any Company server or to the Site, whether through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

PRIVACY POLICY

Please review the Company Privacy Policy. By using the Site, You are consenting to the terms of our Privacy Policy.

DEFAULT

User shall be in default under this Agreement upon User’s breach of any representation, warranty, covenant or obligation to Company. In the event of any default on the part of the User hereunder, User shall pay any and all fees and costs, including, without limitation, collections costs and reasonable attorney’s fees, incurred by Company in connection with such default.

RIGHTS AND REMEDIES NOT EXCLUSIVE

No right or remedy available to Company under this Agreement shall be exclusive of any other right or remedy available to Company pursuant to applicable law, and all rights or remedies available to Company under this Agreement or applicable law shall be cumulative and in addition to every other right or remedy available to Company.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while You use the Site. You may terminate Your use of the Site at any time, for any reason.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.

In order to protect the integrity of the Site, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Site. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes. In addition to terminating Your access of the Site, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

INTELLECTUAL PROPERTY RIGHTS

The content on the Site (“Company Content”) and the trademarks, service marks, and logos contained therein, including without limitation Optimal Financial Systems (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. Company Content, includes without limitation all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks, or trade dress of the Company in the United States and/or other countries. Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service offering in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Company Content on the Site may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Company reserves all rights not expressly granted to You in and to the Site and Company Content and Marks.

WARRANTY DISCLAIMER

THE SITE, AND THE INFORMATION CONTAINED HEREIN, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNITY

You agree to defend, indemnify and hold Company and its subsidiaries, affiliates, agents, licensors, suppliers, alliance members, other partners, and representatives, and their respective officers, agents, partners, and employees, harmless from and against any and all claims, demands, losses, costs, expenses, liability, demand, and/or damages, including reasonable attorneys’ fees and expenses, of any kind or nature, whatsoever made by any third party due to or arising out of your contributed content, your use of the Site (including any use by you on behalf of your employer), and/or arising from Your breach of this Agreement, any breach of Your representations and warranties set forth above, and/or Your violation of any rights of another. Notwithstanding the foregoing, Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. The company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

GOVERNING LAW; VENUE

This Agreement shall be construed and enforced in accordance with the laws of the State of California. User agrees that all claims, actions, disputes, causes of action, controversies, and/or lawsuits arising out of or related in any respect to this Agreement, the Site shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Los Angeles County, State of California; subject, however, to the right of Company, at the Company’s sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a User.

CORRECTIONS

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product or service offering descriptions and various other information. The company reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

MODIFICATIONS TO AGREEMENT

The company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Site and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Site after any such modification becomes effective. The company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement. You agree that you will periodically check the Site for updates to this Agreement. Modifications to this Agreement shall be effective after posting.

WAIVER

No supplement, modification, or amendment or waiver, of any provision of this Agreement, shall be binding upon Company unless executed in writing by a duly authorized representative of Company. Any failure by the Company to enforce any provision of this Agreement will not constitute a waiver of future enforcement of such or any other provision.

SEVERABILITY

If any provision of this Agreement is declared or held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be interpreted as modified so as to be enforceable to the maximum extent permitted by law and all other provision hereof will remain in full force and effect.

HEADINGS

The headings used in this Agreement are for convenience only and shall not affect the interpretation or construction of the Agreement.

ENTIRE AGREEMENT

This Agreement embodies the entire agreement between You and Company regarding the subject matter hereof, and supersedes any prior or contemporaneous oral or written statements or agreements with respect to the same.

ACKNOWLEDGEMENT

BY ACCESSING, BROWSING OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. YOU MUST AGREE TO THESE TERMS OF USE IN ORDER TO USE THE SITE.

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