Optimization Service Corporation makes information, products and service available on this web Site subject to the following terms and conditions (the "Agreement"). By accessing or using this Site, you agree to these terms and conditions and all applicable laws and regulations, including laws and regulations governing copyright, patent, trade secrets and trademark.
Optimization Service Corporation reserves the right to change these terms and conditions, and the products, services, prices, and programs mentioned on the Site at any time, at its sole discretion, without notice and your continued use of the Site constitutes your acceptance of such revised terms. Optimization Service Corporation reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.
Optimization Service Corporation also reserves the right, at its sole discretion, and without prior notice or liability, to limit or terminate your access to this Web site, and you agree to abide by such limit or termination.
You agree to take reasonable precautions to maintain the confidentiality of your account name and password for full access to this Web site. In addition, you agree not to modify, add or delete any content on this site, without the express written permission of Optimization Service Corporation. Further, you agree not to interrupt or attempt to interrupt the operation of this Web site or access thereto by other users.
You agree not to resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of this Web site, the services offered on this Web site, or access to this Web site.
Optimization Service Corporation grants you a non-exclusive, non-transferable, limited, conditionally revocable right to access, use and privately display this Web site for the sole purpose of Product Design and Development Optimization for your legitimate personal and/or business needs. Any other use of this Web site is expressly prohibited and constitutes a material violation of the Terms of Use.
Optimization Service Corporation makes no guarantees as to the continuous availability of this Web site or of any specific feature(s) of this Web site. Optimization Service Corporation reserves the right to change this Web site or the terms and conditions of this Agreement at any time without notice. Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to the terms of this Agreement. Except as set forth herein, no rights of any kind are granted with respect to this Web site.
If any court of competent jurisdiction deems any provision of these Terms of Use to be unenforceable, then that provision shall be enforced to the extent possible to effect the intent of the Terms of Use, and the remaining provisions shall remain in full force and effect.
The Terms of Use constitutes the entire agreement between Optimization Service Corporation and you with regard to your access and use of this Web site, and supersedes all prior agreements and understandings, whether written or oral, in connection herewith.
LIMITATION OF LIABILITY
OPTIMIZATION SERVICE CORPORATION'S TOTAL LIABILITY, IF ANY, WITH RESPECT TO THE SUBJECT MATTER
OF THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING
OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE),
WILL BE LIMITED TO THE FEES PAID BY YOU TO OPTIMIZATION SERVICE CORPORATION FOR THE SERVICE
UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT OF INJURY THAT
GAVE RISE TO THE LIABILITY. OPTIMIZATION SERVICE CORPORATION AND ITS LICENSORS WILL NOT BE
LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS
OR REVENUE, INTERRUPTION OF BUSINESS, OR INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST
OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN
IF OPTIMIZATION SERVICE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE HAVE DONE OUR BEST TO ENSURE THAT THE INFORMATION PRESENTED IN
THIS WEB SITE IS CORRECT. HOWEVER NO WARRANTY IS PROVIDED OR IMPLIED,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. AS SUCH, YOU AGREE THAT BY USING THIS SITE YOU ASSUME THE
RISK OF ALL LOSS OR INJURY RESULTING FROM ANY INFORMATION FOUND WITHIN.
IN NO EVENT SHALL THE OWNER OF THIS WEB SITE, OR ANY REPRESENTATIVE
OR AGENT THEREOF, BE LIABLE UNDER ANY THEORY BASED IN CONTRACT, NEGLIGENCE
OR STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY TO ANY
PARTY FOR ANY AMOUNTS INCLUDING, WITHOUT LIMITATION, LOST REVENUES,
LOST PROFITS, LOST BUSINESS OR INDIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES. THIS DISCLAIMER SHALL SURVIVE ANY AND
ALL NOTICES ADVISING OF THE POSSIBILITY THAT ANY USER MAY SUFFER HARM
FROM ANY INACCURACIES CONTAINED HEREIN.