Optwize Privacy Policy Legal NoticeThis Privacy Policy Your Privacy On Optwize.Com Optwize is dedicated to protecting your privacy and providing you with the highest level of service. We want you to feel secure when visiting our site. Thus, we want you to understand how we gather and use information at Optwize, the choices you have, and how we protect that information in everything we do. The following section describes the Internet-specific practices governing Optwize.com and its uses by visitors including clients, and supplements our corporate privacy statement. 1. What Information Do We Gather? The only individualized information that Optwize Inc. obtains about you through our web site information you voluntarily supply. Optwize obtains non-individualized, generic information about your visit to our web through the use of cookies. Cookies are small pieces of data which are sent by a web site to your web browser and are stored on your computer. Data derived from the cookies is aggregated and used on our web site and to gauge and improve the Web Sites' effectiveness. The data is not used for individual identification. And Optwize in no way relates your personal information to these pattern static's. 2. Do You Have To Accept Cookies? If you are concerned about the use of cookies, you may disallow cookies by making the appropriate selection from your browser options to inform you when cookies are set or to prevent cookies from being set. You should understand, however, that cookies are required to login and navigate within the Online Services area. Therefore, if you set your browser options to disallow cookies, you may limit the functionality we can provide when you visit our site. Outside of the limitations in the service area, you will be able to have full access to other areas of our Web Site if you choose to refuse or disable cookies. 3. How Do We Use This Information? We analyze it to determine what is most effective about our site, to help us identify ways to improve it, and eventually, to determine how we can tailor Optwize.com to make it more effective and improve your user experience. We may also use date for other purposes, which we would describe to you at the point we collect the information. We do not market to or solicit you unless you request it or otherwise give us permission, nor do we share any of this type of contact information with any outside organizations for purposes other than Optwize's business. We use user contact information from our registration form to send the user information about our company and material from some of our partners. This includes e-newsletters and other mailings related to our information and services. The registered user's contact information is also used to contact him/her when necessary. 4. Will We Share This With Outside Parties? We do not sell the information or share the information with third parties. We share the information with our consultants and partners. 5. Children's On-Line Privacy Protection Optwize understands the importance of protecting children's privacy, especially in an on-line environment. The Site is not intentionally designed for or directed at children 13 years of age or younger, and Optwize will not intentionally collect or maintain information about anyone under the age of 13. 6. Linking To Other Web Sites Links to third-party sites are provided for your convenience. Such sites are not within our control and may not follow the same privacy, security, or accessibility standards as ours. Optwize neither endorses nor guarantees offerings of the third party providers, nor is Optwize responsible for the security, content or availability of the third-party sites, their partners, or advertisers. We encourage you to review the privacy policies of third parties before providing information on their sites. 7. How Can I Access, Change, And/Or Delete Information? You may access, correct, update, and/or delete any personally-identifiable information that you submit to the Site. You may also unsubscribe from mailing lists or any registrations on the Site. To do so, please either follow instructions on the page of the Site on which you have provided such information or subscribed or registered or contact us at Optwize Inc., Legal Department, 2428 Montecito Road, Suite 200 Ramona, CA 92605 8. What About Security? Protecting your personal information online is vital. Optwize has implemented generally accepted standards of technology and operational security in order to protect personally-identifiable information from loss, misuse, alteration, or destruction. Optwize has authorized select personnel to access your information, and these employees are required to treat this information as confidential. Despite these precautions, Optwize cannot guarantee that unauthorized persons will not obtain access to your personally-identifiable information. You should understand that the open nature of the Internet is such that data may flow over networks without security measures and may be accessed and used by people other than those for whom the data is indented. 9. Discontinuing Emails, Direct Mail And/Or Cancelling Subscriptions Or Memberships No problem. You may direct us not to contact you for marketing purposes by telephone, direct mail or email. You may also follow the opt-out instructions included in such email newsletters and promotions. 10. How Are Notifications To Changes To This Privacy Statement? Optwize is continually improving and adding new functionality and features to this Site. These ongoing improvements, changes in the law or changes in technology may require changes to this Privacy Statement. Optwize reserves the right to update or modify this Privacy Statement at any time without prior notice. Your use of this Site following any such change constitutes your agreement that personal information collected from or about you through this Site after the revised Privacy Statement is posted will be subject to the terms of the revised Privacy Statement. Please review this Privacy Statement regularly. For your convenience, whenever this Privacy Statement is changed, we will alert you by posting a notice on this site for thirty days. This Privacy Statement was last revised on February 1, 2008. Legal Notice Your Term of Use On Optwize.Com Optwize Inc. and its affiliates ("Optwize Inc.", "Optwize," "Optwize Institute" or "We") provide its content on the Web Site (the "Site") subject to the following terms and conditions (the "Terms"). Optwize reserve the right to periodically change the Terms, so please check back from time to time. Use of the Web Site following any such changes shall constitute acceptance of such changes. These Terms were last updated on February 1, 2008. By accessing and using the Site, you agree to these Terms. For an explanation of Optwize's practices and policies related to the collection, use, and storage of our users' information, please read our Privacy Policy. By accessing this web site, you agree to the following terms and conditions, which govern this Web Site. 1. Copyrights Unless otherwise indicated, this web Site and its contents, including but not limited to all of the codes, text, logos, icons and images, graphics, bottom images, and the site design and "look and feel" are the exclusive property of Optwize or its licensors and are protected by U.S. and international copyright laws. All rights not expressly granted are reserved. 2. Trademarks The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of Optwize and its licensors. You agree that you will not refer to or attribute any information to Optwize or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Optwize or its licensors. 3. Use of Site Content The website and the material on this web Site may not be modified, copied, distributed, republished, downloaded, uploaded or commercially exploited in any manner without the written consent of Optwize except that you are permitted to download any of the materials on the Web Site on a single computer for personal noncommercial provided you retain all copyright, trademark or other proprietary notices displayed on the Site content. No intellectual property or other rights in or to this Web Site or its content are transferred to you. 4. Site Content The materials on this web site are provided "As Is" and are without warranty of any kind. Optwize Inc. Disclaims all warrantees, or implied, including without limitation, the implied warranties non-infringement, merchantability and fitness for a particular purpose, with respect to this Web site and the material on this purpose, with respect to this web Site and The material on the Site. Optwize Inc. Also makes no representations Warranties as to whether the information accessible on this web site is accurate, complete or current. 5. Third-Party Web Sites We may provide links to third-party Web sites, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party Web sites or incorporation through framesets of content supplied by third-party servers. Optwize has no responsibility for these third-party Web sites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers. 6. User Postings You acknowledge and agree that Optwize shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, and otherwise, and you hereby waive any claims against Optwize for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Optwize's use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. Optwize does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Optwize reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason. 7. Indemnification Client agrees to indemnify and hold harmless the Company, its corporate affiliates, and their respective directors, employees, and agents and their respective successors and assigns against all claims, losses, liabilities, damages, and expenses including attorney’s fees and costs of litigation which may be brought against or suffered or incurred by Company, its affiliates, or its directors, officers, and employees, arising from any error, mistake or misprint in regard to any items, matters or contents on any Deliverables of the Company duly approved and accepted by Client whereby such items, matters and contents become its complete responsibility. 8. Notices of Infringement and Takedown by Optwize Optwize prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Optwize at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Optwize will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. ? 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Optwize's contact for submission of notices under this Section 5 is: Legal Department, Optwize Inc., 2428 Montecito Road, Suite 200 Ramona, CA 92605. 9. Disclaimers THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT OPTWIZE IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPTWIZE AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. OPTWIZE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER OPTWIZE NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. 10. Governing Law; Jurisdiction These Terms are governed by the laws of the State of California without reference to the principles of conflicts of laws thereof. |