Thanks for choosing OPTIMA (“OPTIMA”, “we”, “us”, “our”). By signing up or otherwise using the OPTIMA service, websites, and software applications (together, the “OPTIMA Service” or “Service”), or accessing any content or material that is made available by OPTIMA through the Service (the “Content”) you are entering into a binding contract with OPTIMA.
Please read the Agreements carefully. They cover important information about OPTIMA Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.
2. Age and Accurate Information
In order to use the OPTIMA Service and access the Content, you need to: (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in the United States. You also promise that any registration information that you submit to OPTIMA is true, accurate, and complete, and you agree to keep it that way at all times. Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
3. Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Contact Us tab on the OPTIMA website.
4. Enjoying OPTIMA
OPTIMA provides services offering users easy access to commonly used orthotic and prosthetic HCPCS codes. OPTIMA services are provided to you free-of-charge. You can learn more about our services by visiting our website at www.oandptree.com.
5. Rights Granted to You
The OPTIMA Service is the property of OPTIMA or OPTIMA's licensors. We grant you a limited, non-exclusive, revocable license to make use of the OPTIMA Service. (the “License”). This License shall remain in effect until and unless terminated by you or OPTIMA. You promise and agree that you are using the Content for the its’ intended use.
All OPTIMA trademarks, service marks, trade names, logos, domain names, and any other features of the OPTIMA brand (“OPTIMA Brand Features”) are the sole property of OPTIMA (or its licensors, if any). The Agreements do not grant you any rights to use any OPTIMA Brand Features whether for commercial or non-commercial use.
You agree to abide by our Guidelines and not to use the OPTIMA Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, OPTIMA grants no right, title, or interest to you in the OPTIMA Service or Content.
Third-party software included in the OPTIMA Service are licensed to you either under the Agreements or under the relevant third party software library’s license terms as published in this document.
6. Third Party Applications
The OPTIMA Service is integrated with third-party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that OPTIMA does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications. You hereby agree to abide by the terms and conditions of use of such Third Party Applications included in the OPTIMA Service. Such Third Party Applications may include LCoder and Noridian.
Setting up your User Account
When setting up your user account you must agree to the following information:
• that you will not provide a false email;
• that OPTIMA is not responsible for any billing mistakes or errors within the application;
• that you will not share your login details with anyone;
While OPTIMA sits on a secure platform, and the chance of a data breach is very unlikely, we cannot absolutely guarantee the safety of this Service. As the user you will need to make sure your login details are kept confidential and not shared with anyone. You will also need to be aware of your surroundings, and we advise you only login to your account when you are in a reasonably private space.
8. Rights Granted to OPTIMA
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the OPTIMA Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, in our sole discretion, and (3) to allow our business partners to do the same. In any part of the OPTIMA Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed, provided to or otherwise made available by may contain advertising as part of the Content. In such cases, OPTIMA will make such Content available to you unmodified.
If you provide feedback, ideas or suggestions to OPTIMA in connection with the OPTIMA Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize OPTIMA to use that Feedback without restriction and without payment to you. Feedback is also considered a type of User Content.
You grant OPTIMA a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
9. User Guidelines
OPTIMA respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure OPTIMA stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
§ copying, redistributing, reproducing, “ripping”, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the OPTIMA Service or the Content, or otherwise making any use of the OPTIMA Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the OPTIMA Service or the Content or any part of it;
§ using the OPTIMA Service to import or copy any local files you do not have the legal right to import or copy in this way;
§ reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the OPTIMA Service, Content or any part thereof unless permitted by applicable law;
§ circumventing any technology used by OPTIMA, its licensors, or any third party to protect the Content or the Service;
§ selling, renting, sublicensing or leasing of any part of the OPTIMA Service or the Content;
§ circumventing any territorial restrictions applied by OPTIMA or it licensors;
§ artificially increasing request count or otherwise manipulating the Services by using a script or other automated process;
§ removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the OPTIMA Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
§ providing your password to any other person or using any other person’s username (i.e. email address and/or phone number) and password;
§ “crawling” the OPTIMA Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from OPTIMA; or
Please respect OPTIMA, the owners of the Content, and other users of the OPTIMA Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
10. Infringement and reporting User Content
OPTIMA respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see OPTIMA’s copyright policy. If OPTIMA is notified by a copyright holder that any Content infringes a copyright, OPTIMA may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to OPTIMA with a request to restore the removed content.
If you believe that any Content does not comply with the User guidelines, please fill out our Contact Us form on our website.
11. Service limitations and modifications
OPTIMA will make reasonable efforts to keep the OPTIMA Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, OPTIMA reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the OPTIMA Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the OPTIMA Service or any function or feature thereof. You understand, agree, and accept that OPTIMA has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. OPTIMA and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
13. Customer Support
For customer support with account-related and payment-related questions or disputes (“Customer Support Queries”), please submit a ticket to our Customer Service department by emailing us at firstname.lastname@example.org. We will use reasonable efforts to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
14. Export control
OPTIMA’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from OPTIMA under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.
16. Term and termination
The Agreements will continue to apply to you until terminated by either you or OPTIMA. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. OPTIMA may terminate the Agreements or suspend your access to the OPTIMA Service at any time, including in the event of your actual or suspected unauthorized use of the OPTIMA Service and/or Content, or non-compliance with the Agreements. If you or OPTIMA terminate the Agreements, or if OPTIMA suspends your access to the OPTIMA Service, you agree that OPTIMA shall have no liability or responsibility to you, and OPTIMA will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate or deactivate your OPTIMA account, please contact us through the Customer Service contact form which is available on our website. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
17. Warranty and Disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE OPTIMA SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE OPTIMA SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPTIMA AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER OPTIMA NOR ANY OWNER OF CONTENT WARRANTS THAT THE OPTIMA SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, OPTIMA MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE OPTIMA SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT OPTIMA IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE OPTIMA SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM OPTIMA SHALL CREATE ANY WARRANTY ON BEHALF OF OPTIMA IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
18. Limitation and Time for Filing
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE OPTIMA SERVICE IS TO UNINSTALL ANY OPTIMA SOFTWARE AND TO STOP USING THE OPTIMA SERVICE. WHILE OPTIMA ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO OPTIMA, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OPTIMA, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE OPTIMA SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER OPTIMA HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE OPTIMA SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO OPTIMA DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits OPTIMA’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST OPTIMA MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (24.2.1) OR FILING AN INDIVIDUAL ACTION UNDER SECTION (24.2.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
19. Third Party Rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and OPTIMA, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store, or Google Play Store or if you are using the App on an iOS or Android device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and OPTIMA only, not with Apple or Google, and they are not responsible for the Service and the content thereof. They have no obligation whatsoever to furnish any maintenance and support services with respect to the Service. Apple and Google are not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, Google and their subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, They will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
20. Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and OPTIMA, the Agreements constitute all the terms and conditions agreed upon between you and OPTIMA and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the OPTIMA Service may be governed by additional agreements. That could include, for example, access to the OPTIMA Service as a result of a gift card or free or discounted trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
21. Severability and Waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by OPTIMA or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive OPTIMA’s or the applicable third party beneficiary’s right to do so.
OPTIMA may assign the Agreements or any part of them, and OPTIMA may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold OPTIMA harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the OPTIMA Service; and (4) your violation of any law or the rights of a third party.
24. Choice of Law, Mandatory Arbitration and Venue
24.1 Governing Law / Jurisdiction
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of Nevada, United States of America, without regard to choice or conflicts of law principles.
Further, you and OPTIMA agree to the jurisdiction of the federal and state courts of California to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 24.2.1.
OPTIMA does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.
24.2 ARBITRATION AGREEMENT
This Arbitration Agreement applies only to users in the United States.
24.2.1 Dispute resolution and arbitration
You and OPTIMA agree that any dispute, claim, or controversy between you and OPTIMA arising in connection with or relating in any way to these Agreements or to your relationship with OPTIMA as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and OPTIMA further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding the clause above (24.2.1), you and OPTIMA both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
24.2.3 No Class Or Representative Proceedings: Class Action Waiver
YOU AND OPTIMA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and OPTIMA agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
24.2.4 Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and OPTIMA will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and OPTIMA agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. OPTIMA can also help put you in touch with the AAA.
Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $50,000 or less, OPTIMA may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
If you choose to file an arbitration proceeding and you are required to pay a filing fee, OPTIMA will reimburse you for that filing fee, unless your claim is for greater than US $1,000, in which case you will be responsible for the filing fee. OPTIMA and you will pay any other arbitration fees evenly, including the respective share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
24.2.5 Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). OPTIMA's address for Notice is: OPTIMA LLC, Attn: Chief Executive Officer, 706 Stonehurst Dr., Altadena, CA 91001, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 90 days after the Notice is received, you or OPTIMA may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or OPTIMA shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of OPTIMA’s last written settlement offer, then OPTIMA will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any claim in court arising out of or related to the Agreements.
25. Contact Us
If you have any questions concerning the OPTIMA Service or the Agreements, please contact OPTIMA Customer Service by the email listed on our website in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Thank you for reading our Terms. We hope you enjoy OPTIMA!
• How we collect, hold, use and divulge your personal data.
• The legal basis on which we rely to process your personal data.
• Your rights and how to exercise them.
WHAT INFORMATION DOES OPTIMA COLLECT, HOLD, USE AND DIVULGE?
OPTIMA may collect, hold, use and divulge your email, in-app statistics, and usage data. You can choose not to provide certain Information, but then you might not be able to take advantage of some of the OPTIMA Services. OPTIMA also may also allow third parties to collect Information within the app.
WHY DOES OPTIMA COLLECT AND HOLD YOUR INFORMATION?
OPTIMA generally collects and holds your Information to:
• Communicate with you concerning your account and provide timely customer service when needed;
• Offer you product upgrades, and other OPTIMA Services;
• Authenticate the users of the OPTIMA Services;
• Provide you with targeted advertising while using the OPTIMA Services or third party services;
• If you have consented to receive such information, provide you with the OPTIMA Messages and/or those of its partners and licensors; (collectively, the “Purposes”).
The legal basis for using the Information for the Purposes is typically a contractual basis (i.e. to provide you with the OPTIMA Services) or because you have consented to such Purposes. However, OPTIMA may also rely on other legal grounds, for example, where the processing is necessary for its legitimate interests or for compliance with legal obligations to which it is subject.
OPTIMA does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
1. We provide the information to trusted partners who work on behalf of or with OPTIMA under confidentiality agreements. These companies may use your personal information to help OPTIMA communicate with you about offers from OPTIMA. However, these companies do not have any independent right to share this information.
2. We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
IMPROVEMENT, DEVELOPMENT, AND OPTIMIZATION
OPTIMA’s software may include the opportunity to disable certain software features to improve the platform. From time to time we may conduct surveys to better understand how to improve the features of this service.
WHEN AND HOW DOES OPTIMA SHARE YOUR INFORMATION WITH THIRD PARTIES?
OPTIMA may disclose your Information to its partners and licensors to the extent such disclosure is required for the Purposes. OPTIMA may use third parties to facilitate its business, such as payment processors, hosting services providers, contractors for sending out e-mail updates about OPTIMA and the OPTIMA Services or for providing customer support services. In connection with these business operations, OPTIMA’s contractors and service providers may have access to your Information collected by OPTIMA for use for a limited time in connection with these business activities. Where OPTIMA utilizes third parties for the processing of any Information, OPTIMA implements reasonable contractual and technical protections in order for such third parties to keep all Information they process strictly confidential. Please note that these third parties may be located in other countries where the laws on processing personal information can differ from the laws of your country of residence.
OPTIMA may also disclose your Information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform with the law; (b) comply with the order of a competent judicial authority in any jurisdiction; (c) comply with legal process served on OPTIMA; (d) protect and defend the rights or property of OPTIMA; (e) enforce or verify your compliance with any part of the agreements that you enter into with OPTIMA, if any; (f) prevent fraud or other illegal activity perpetrated through the OPTIMA Services; or (g) act in urgent circumstances to protect the personal safety of users of the OPTIMA Services or the public at large.
THIRD PARTY SERVICES AND PLATFORMS
HOW LONG WILL OPTIMA KEEP YOUR INFORMATION?
OPTIMA will retain your Information only for as long as necessary to fulfill the Purposes for which it was collected, or as required for OPTIMA’s legitimate interests, or to comply with applicable legal, tax or regulatory requirements. After such time, any Information you have provided to OPTIMA will be destroyed, deleted or made anonymous.
OPTIMA reserves the right to send you newsletters regarding OPTIMA news and offers through your email address. If you have consented to receive such information, OPTIMA may send OPTIMA Messages to you about the OPTIMA Services, and/or about products and/or services of its partners and licensors. You may opt-out of receiving OPTIMA Messages at any time. However, OPTIMA may continue to send you OPTIMA Messages to inform you about available upgrades or critical technical service issues relating to an OPTIMA Service that you requested, or to provide you with important information on your account.
SECURITY OF INFORMATION
CONTACT OPTIMA ABOUT PRIVACY
If you have questions about the privacy aspects of the OPTIMA Services, would like to know more about OPTIMA’s legitimate interests, would like to make a complaint, to withdraw your consent (if any), to object to the use of your Information by OPTIMA, to request access to the Information OPTIMA holds about you, to modify, delete or correct such Information, if you wish that OPTIMA discontinues or limits the use of your Information, unsubscribe to OPTIMA’s Messages, or if you wish to receive a copy of all Information that OPTIMA has about you in a structured, commonly used and machine-readable format, please do so through the “Contact Us” section or link on the OPTIMA Services, when such link is available, or please contact OPTIMA via e-mail at: email@example.com.
We use both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on
subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. OPTIMA treats any information that may be contained in cookies and authentication tokens with the same level of confidentiality as other information you provide to OPTIMA. Cookies can be managed and/or disabled through your browser’s cookie settings. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of OPTIMA’s Services may not function properly if the ability to accept cookies is disabled. Any information collected by the use of “cookies” is not shared with any other parties. If you want more information about how to manage and/or disable cookies, visit http://www.allaboutcookies.org/manage-cookies/.
NETWORKS AND DEVICES
When you access OPTIMA, we use technology to collect information indirectly, such as your internet address (IP Address), which is then kept in our internet logs. This is collected for aggregate information purposes and represents statistical data about our users’ browsing actions and patterns. This data does not identify any individual in any way, is completely anonymized, and is never shared outside of OPTIMA.
ONLINE BEHAVIORAL ADVERTISING
OPTIMA may collect, use and/or allow third parties to collect and use certain of your Information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, number of views of an advertisement, advertising conversion rates, monetization rate, purchase history, information concerning your use of the OPTIMA Services, information concerning your use of third-party websites, age, gender, geolocation data, Internet provider information, device information, hardware information and other similar information) when you interact with the OPTIMA Services and/or other third parties’ websites and services in order to provide or allow third parties to provide advertisements about goods and services likely to be of interest to you. To learn more about this behavioral advertising practice, please contact OPTIMA as set forth in the Section “Contact OPTIMA about Privacy”.