Terms and Conditions of Use of Website

By using or accessing optimiseapp.com (hereafter referred to as the “Website”), you acknowledge and accept that you are subject to the following terms and conditions (hereafter referred to as the “Terms”). Please read through the Terms carefully; they are legally binding upon you.

You are contracting with EPI (UK) Ltd (hereafter referred to as the “Company”). If you do not fully accept and agree to these Terms, you are not authorized to access or otherwise use the Website.

These Terms apply from July 2010.

Unauthorized Use.

Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:
• Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever
• Reproduce any portion of the Website on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Website,
or other framing technique to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website
• Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Website
• Reverse engineer any part of the Website, save to the extent expressly permitted by applicable law
• Sell, offer for sale, transfer, or license any portion of the Website in any form to any third parties
• Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Website
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material or any
material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other
purpose that is unlawful or prohibited by these Terms
• Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact
• Use or access the Website in any way that adversely affects the performance or function of the Website, or any other computer systems or networks used by us or the Website,
or infringes on our copyright or any copyright of our clients
• Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of publicity or privacy or any other proprietary rights
• Upload or transmit to the Website or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines
that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Website, or appropriate the Website or any system, or take any action that
imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party or in any way disguise the origin of the information
transmitted through the Website

If you are aware of or experience any content, activity or communication through or in connection with the Website that appears to be in violation of the above, or in violation of any other provision of these Terms, please notify us of any such violation by sending an email to info@optimiseapp.com

Limitations of Use of Other User’s Information; No Spam.

You agree that, with respect to personal information that you obtain through the Website or through any Website-related communication, we have granted to you a license to use such information only for:
• any Website-related communications that are not unsolicited commercial messages,
• using services offered through the Website
• any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for.

In all cases, you must give users an opportunity to remove themselves from your address book or database and an opportunity to review the information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user.

You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information, and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

We do not tolerate spam.

Limitation of Liability.

In no event will the Company, its subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from our Website, these Terms, or your use of the Website even if we have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from:
• breach of contract,
• breach of warranty
• strict liability,
• tort
• negligence, or
• any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law.

If you are dissatisfied with the Website, or you do not agree with any part of these Terms, then your sole and exclusive remedy against us is to discontinue using the Website.

Proprietary Rights and Downloading of Information From the Site.

The text, files, images, photos, maps and other materials on the Website (hereafter referred to as the “content”) are only for your personal use.

All content on the Website, and the Website itself, is protected by copyright and database rights, and you will abide by any and all additional copyright notices, information, or restrictions contained in or relating to any content on the Site.

Copying or storing of any content other than for your personal, noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder.

Indemnity.

You agree to indemnify any member of the Company against all liabilities, claims and expenses (including reasonable legal fees) that may arise out of or in connection with the use of this website. If any claim is made against us by a third party (or parties) you will fully indemnify us under this Clause.

Choice of Law and Forum.

This Agreement shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.

Disclaimer.

We warrant that the Site will be provided with reasonable care and skill with the intention of meeting our technical specifications for the Website, but we cannot and do not guarantee that the Website will meet your requirements, including (without limitation) as to the availability or speed of delivery of the Website, any of its features of content, or any communication through or relating to the Website.

Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms relating to the Website or any of its content, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of our fraud or our fraudulent misrepresentation, or where such exclusion is not permitted by law.

We do not warrant that the functions of the Website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components, although we take all reasonable steps to avoid ourselves introducing viruses or other harmful components to the Website.

You acknowledge that any transmission to and from this Website is not confidential and your communications may be read or intercepted by others.