Terms and Conditions of Service

About these Terms

The following Terms and Conditions ("Agreement") govern the use of this optimax.com Web site and all of its sub-sites or sub-domains (collectively: "Site") that belong to Optimax Corporation ("Optimax"), a corporation established under the laws of the State of Delaware and headquartered in Franklin, Wisconsin.

These terms were last updated on April 15, 2019 and replace all previous terms and conditions for the above Sites. We may update these terms from time to time for legal or regulatory reasons, or to reflect changes in our services or practices.

You should regularly check this page to see if any changes have been made. Any changes will become effective as soon as they have been published on this Site.

User Access

By entering, accessing, or otherwise using this Site you agree to the terms herein and accept this Agreement.

Optimax may at any time, in its sole discretion: (1) revoke the access of any user to this Site; (2) modify, change, withdraw or delete this Site and/or any of these conditions of use in whole or in part.

Copyright © 2024 Optimax Corporation.
All rights reserved.

Optimax respects the intellectual property of others and asks that users of our Web site do the same. Optimax Sites are copyrighted works belonging to Optimax ("Intellectual Property"). Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Optimax unless otherwise indicated.

Trademarks

Optimax, Optimax logo in several forms and/or other Optimax names, brands, or products referenced herein are trade names, trademarks and/or service marks of Optimax Corporation, or its subsidiaries and affiliates (“Optimax Marks”) and may be registered in many countries around the world. The Optimax Marks are to be used only under license. Any other use is an unauthorized use.

Other product or company names mentioned herein may be the trade name, trademark, or service mark of their respective owners.

Links to Third Party Sites

Some links provided on Optimax Sites may allow the user to leave the Optimax Site. The linked sites may not be under the control of Optimax, and Optimax shall not be responsible for the content of any linked site or link contained in a linked site. Optimax provides these links as a convenience only, and the inclusion of any link does not imply an endorsement, affiliation, or sponsorship by Optimax of that site. If you decide to visit a linked site, you do so at your own risk.

Software

Any software ("Software") that may be made available to download from the server of this Site may be the copyrighted work of Optimax and/or its suppliers. Use of the Software is governed by the terms of the end-user license agreement, which accompanies or is included with the Software ("License Agreement"). Any Software made available for downloading is solely for use by end-users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW AND EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, OPTIMAX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

Limitation of Damages

IN NO EVENT SHALL OPTIMAX BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, RELATING TO THE USE OF THIS SITE EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OPTIMAX IS NOT LIABLE FOR ANY DEFAMATORY, ANTICOMPETITIVE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY OPTIMAX MATERIAL, OR WITH ANY OF OPTIMAX' TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnification

You agree to defend, indemnify, save and hold harmless Optimax, its licensees and Optimax’ respective directors, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys' fees, arising out of your use of the Site, or your violation or alleged violation of the terms of this agreement.

Choice of Law, Severability

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any principles or conflicts of law. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

International Users

The Optimax Sites are controlled, operated, and administered from within the United States of America. Optimax makes no representation that the Optimax Sites are appropriate or available for use outside the United States. You are prohibited to access the Optimax Sites from countries or territories where any content on the Optimax Sites might be illegal or prohibited. You may not use the Optimax Sites or any materials thereon which may violate any U.S. export laws or regulations.

Notice Requirements of DMCA

If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Site, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.

Notifications of any alleged copyright infringement must be sent in accordance with Title 17, U.S.C. Section 512(c) to our designated Copyright Agent: Optimax Corporation, Attn: Copyright/Legal, 2735 W Rawson Ave., Suite B, Franklin, Wisconsin 53132, 414-539-3848, info@optimax.com.

Termination

This Agreement constitutes the entire Agreement and is effective until terminated by Optimax at any time for any reason without notice.

In the event of termination, you are no longer authorized to access this Site. The restrictions imposed on you with respect to material downloaded from this Site, and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination.