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Terms and Conditions
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR
AGREEMENT TO BE BOUND BY THESE TERMS AND
CONDITIONS OF USE. PLEASE READ THE FOLLOWING
CAREFULLY.
This Web site, including all of its features
and content (the "Web Site"), is a service
made available by
Optigroove, a division of
Optigroove
LLC,
or its affiliates ("Provider"). All content,
information, services and software ordered
or provided on or through this Web Site
("Content") may be used solely under the
following terms and conditions ("Terms of
Use").
Terms of Service Effective 01/01/2007
SEARCH ENGINE OPTIMIZATION (SEO)
Top Results Guarantee
Optigroove will improve your results to
include web page ranking in the top 20 on
one or more of the top search engines (Alexa,
AltaVista, Google, HotBot, Jayde, All The
Web, Lycos, WebCrawler, LookSmart, Ask.com,
AOL, Netscape, YAHOO!,
MSN, Overture) Sites that have been indexed
in the search engines less than one year are
only guaranteed a TOP 30 ranking.
Optigroove will work to provide results
in a timely manner, however since the search
engines inclusion and rankings are out of
our control it is hard to say how long it
will take to see results. Some sites have
see results in a week and others have taken
6 months or more.
If you have not received the results, at
least once, outlined in paragraph one above
within six months we will continue to work
on your site until the results have been
obtained. During this time your monthly
maintenance fees will be suspended until the
ranking have been achieved. Then the monthly
costs will resume the following month after
a top 20 (or Top 30) ranking has been
achieved on at least one of the top search
engines listed above. (You must be up to
date on your monthly maintenance fees to be
eligible for this guarantee.) No monetary
reimbursement will be offered.
If you have obtained the results outlined in
paragraph one but have dropped below the Top
20 (or Top 30) ranking we will work to get
your site back up. You must be current and
continue to pay your maintenance fees for us
to continue to work on your site.
Starter package does not have a results
guarantee. We simply provide the resources
and services outlined in the package on our
website.
Certain areas of the site may only be open
to you if you are a full subscriber or will
only be available for a limited period of
time. Any time limit applying to your access
and use of the Site will be set out in the
terms of the trial offer or your subscriber
agreement. However,
Optigroove
reserves the right to suspend or terminate
your access and use of the site at any time,
and may exercise this right with or without
notice.
Web Site Limited License
As a
user of this Web Site, you are granted a
nonexclusive, nontransferable, revocable,
limited license to access and use this Web
Site and Content in accordance with these
Terms of Use. Provider may terminate this
license at any time for any reason.
Personal and Non-Commercial Use Limitation
This site is for your personal
non-commercial use. The content and software
on this site may only be used as a shopping
resource. You may not modify, copy,
distribute, transmit, display, perform,
reproduce, publish, license, create
derivative works from, transfer, or sell any
content, information, software, products, or
services obtained from this Site.
Optigroove
may discontinue the Site or any part
immediately if the provider of the material
contained on the Site, or any part,
withdraws or limits the license or authority
of
Optigroove
to include such material on the Site. The
above limitation or exclusion may not apply
to you to the extent that applicable law may
not allow the limitation or exclusion of
liability for incidental or consequential
damages. In that event,
Optigroove's
total liability to you for all losses,
damages, and causes of action (in contract,
tort, including without limitation,
negligence, or otherwise) will not be
greater than the amount you paid to access
this Site.
Not Legal Advice
Content is not intended to, and does not,
constitute legal advice and no
attorney-client relationship is formed, nor
is anything submitted to this Web Site
treated as confidential. The accuracy,
completeness, adequacy, or currency of the
Content is not warranted or guaranteed. Your
use of Content on this Web Site or materials
linked from this Web Site is at your own
risk.
Trademark Notice
This Site may
contain trademarks, copyrights and other
intellectual property rights of third
parties. All such rights are proprietary to
their respective owners. Users are
prohibited by law, and these conditions,
from modifying, copying, distributing,
transmitting, displaying, publishing,
selling, licensing, creating derivative
works, or using any content on this Site for
commercial or public purposes. Except as
specifically permitted in accordance with
the terms and conditions governing use of
this Site, any use of such trademarks or
trade names is strictly prohibited without
the express written permission of these
owners.
License of Your Content to Provider
By uploading content to or submitting any
materials for use on this Web Site, you
grant (or warrant that the owner of such
rights has expressly granted) Provider a
perpetual, worldwide, royalty-free,
irrevocable, non-exclusive right and license
with right to sublicense, use, reproduce,
modify, adapt, publish, publicly perform,
publicly display, digitally display and
digitally perform, translate, create
derivative works from and distribute such
materials or incorporate such materials into
any form, medium, or technology now known or
later developed throughout the universe. You
agree that you shall have no recourse
against Provider for any alleged, or actual,
infringement or misappropriation of any
proprietary right in your communications to
us.
No Solicitation
You shall not distribute on, or through,
this Web Site any content or material
containing any advertising, promotion,
solicitation for goods, services or funds or
solicitation for others to become members of
any enterprise or organization without the
express written permission of the Provider.
Notwithstanding the foregoing, in any
interactive areas of this Web Site, where
appropriate, you a) may list along with your
name, address and email address, your own
web site's URL, and b) may recommend third
party Web sites, goods or services so long
as you have no financial interest in and
receive no direct or indirect benefit from
such recommended Web site, product or
service or its recommendation. In no event
may any person or entity solicit anyone with
data retrieved from this Web Site.
Advertisers
This Web Site may contain advertising and
sponsorship. Advertisers and sponsors are
responsible for ensuring that material
submitted for inclusion on this Web Site is
accurate and complies with applicable laws.
Provider will not be responsible for the
illegality of or any error or inaccuracy in
advertisers' or sponsors' materials or for
the acts or omissions of advertisers and
sponsors.
Assignment
You may not assign, sub-license or otherwise
transfer any of your rights or obligations
under these Terms.
Links
Optigroove
is not responsible, and assumes no
responsibility, for the contents of any non
Optigroove
linked Internet website, or for any
potential damage arising out of or in
connection with the use of any such link.
The Internet websites to which links are
provided in this Site are not under the
control of
Optigroove.
Access to any other Internet sites linked to
the Site is at the user's own risk.
In addition, the existence of a link between
this Site and any other Internet website is
not, and shall not, be understood to be an
endorsement by
Optigroove
of any material, substance, information or
the owner or proprietor of the linked
Internet website, or of the site's privacy
policies, and such link shall not imply nor
create any relationship nor endorsement
between
Optigroove
and the owner or proprietor of such linked
website.
Registration
Certain sections of this Web Site require
you to register. If registration is
requested, you agree to provide Provider
with accurate and complete registration
information. It is your responsibility to
inform Provider of any changes to that
information. Each registration is for a
single individual only, unless specifically
designated otherwise on the registration
page. Provider does not permit a) anyone
other than you to use the sections requiring
registration by using your name or password
or, b) access through a single name being
made available to multiple users on a
network or otherwise. You are responsible
for preventing such unauthorized use. If you
believe there has been unauthorized use, you
must notify Provider immediately by emailing
support@optigroove.com.
Errors and Corrections
Provider does not represent or warrant that
this Web Site or the Content will be
error-free, free of viruses or other harmful
components, or that defects will be
corrected; or that the content will always
be accessible. Provider does not warrant or
represent that the Content available on or
through this Web Site will be correct,
accurate, timely, or otherwise reliable.
Provider may make improvements and/or
changes to its features, functionality or
Content at any time.
Third Party Content
Third party content may appear on this Web
Site or may be accessible via links from
this Web Site. Provider shall not be
responsible for, and assumes no liability
for, any infringement, mistakes,
misstatements of law, defamation, slander,
libel, omissions, falsehood, obscenity,
pornography or profanity in the statements,
opinions, representations or any other form
of content contained in any third party
content appearing on this Web Site. You
understand that the information and opinions
in the third party content are neither
endorsed by, nor does it reflect, the belief
of Provider.
Indemnification
You agree to indemnify, defend, and hold
harmless Provider, its officers, directors,
employees, agents, licensors, suppliers and
any third party information providers to the
Web Site from and against all claims,
losses, expenses, damages and costs,
including reasonable attorneys' fees,
resulting from any violation of these Terms
of Use by you.
Unlawful Activity
Provider reserves the right to investigate
complaints or reported violations of our
Terms of Use and to take any action we deem
appropriate including, but not limited to,
reporting any suspected unlawful activity to
law enforcement officials, regulators, or
other third parties and disclosing any
information necessary or appropriate to such
persons or entities relating to user
profiles, e-mail addresses, usage history,
posted materials, IP addresses and traffic
information.
Remedies for Violations
Provider reserves the right to seek all
remedies available at law and in equity for
violations of these Terms of Use, including,
but not limited to, the right to block
access from a particular Internet address to
this Web Site and any other Provider Web
sites and their features.
Modifications to Terms of Use
Provider reserves the right to change these
Terms of Use at any time. Updated versions
of the Terms of Use will appear on this Web
Site and are effective immediately. You are
responsible for regularly reviewing the
Terms of Use. Continued use of this Web Site
after any such changes constitutes your
consent to such changes.
CONDITIONS OF USE
We provide our services to you under the
following guidelines and conditions. Please
read them carefully.
1.
Optigroove
respects the privacy, needs and concerns of
our customers. Our primary concern is
protecting your privacy therefore any
information collected from you is for the
sole purpose of processing your order.
2. We discard any and all information about
our customers, once the transaction has been
successfully completed.
3.
Optigroove
will not sell or rent your name, address,
email address, credit card information,
product selection or personal information
under any circumstances whatsoever.
4. By transacting business with
Optigroove,
you are accepting the practices described in
this Privacy Policy. This Privacy Policy is
not intended to and does not create any
contractual or other legal rights in or on
behalf of any party.
By transacting business with
Optigroove,
you are accepting the practices described in
this Privacy Policy. This Privacy Policy is
not intended to and does not create any
contractual or other legal rights in or on
behalf of any party.
DISCLAIMER OF LIABILITY
Product
descriptions, typographic, pricing and
photographic errors are unintentional and
subject to correction. We regret, but are
not liable for, incorrect images or
typographical errors. We do our best to keep
this website current and up-to-date.
Products offered by
Optigroove
are designed to be used as decorative
accessories. User/owner assumes all risk and
liability.
Optigroove
is not liable for injury or damage,
including, but not limited to, misuse,
abuse, improper installation, road hazard or
modification, resulting from use of any
product purchased from
Optigroove
Security and Privacy
Optigroove's
web site uses security measures to protect
against the loss, misuse, and alteration of
the information under our control. We store
the information in a database in a secure
environment at our data center. Any and all
data sent to us will be kept confidential
between you and bulk
Optigroove.
We will never share, sell, or rent
individual personal information with anyone
without your prior permission or unless
ordered by a court of law. Information
submitted to us is only available to
assigned employees managing this information
for purposes of contacting you or sending
you e-mails based on your requesting
information. .
Opt-in
Our members and their subscribers are given
the opportunity to 'opt-in' to having their
information used for purposes not directly
related to our site at the point where we
ask for the information.
Users of our site will always be notified if
their information is being collected by any
outside parties. We do this to ensure that
our users can make an informed choice as to
whether or not they should proceed with
services that require an outside party.
Information Tracked
At times we will use your IP address to help
diagnose problems with our server and to
administer our web site. We also may track
browser types to help us understand our
visitors' needs related to our web site
design.
There is an optional section of our web site
where input forms require your name,
company, and e-mail address. This form
provides the ability to opt-in to receiving
future emails of any sort from
Optigroove.
If you opt-in to receiving email
communications from us, then we may send
information to you on our products or
services.
Cookies
Client-side cookies are used to verify the
login status of customers using products or
services linked directly with our website.
Usage of a cookie is in no way linked to any
personally identifiable information while on
our site. If a user rejects the cookie, they
may still use our site; however, the user
may not be able to access all areas of our
site.
Links to other Websites
Optigroove
is not responsible for the privacy practices
or the content of any other web sites to
which we link.
Notification of Changes
Optigroove
will notify its members and users via email
if we make any changes to our privacy
policy. Any new policy will be posted on our
site at least one week prior to its taking
effect. If at any point we decide to use
personally identifiable information in a
manner different from that stated at the
time it was collected, we will notify users
by way of an email. Users will have a choice
as to whether or not we use their
information in this different manner.
If you have any questions about this privacy
statement or this web site, please contact
us at: support@optigroove.com. |
