Welcome to the OptIn website (“Website”), and/or the OptIn mobile applications (the “Apps”)(collectively, “Services”) of OptIn, Inc. (a Delaware corporation), (“OptIn”, “We” and “Our”), a software as a service company that helps employees elevate work through options, control, and growth.
By using and accessing the Services, and the content and services contained therein, you agree to be bound by these terms and conditions (the “Terms“). If you do not agree to be bound by the Terms, you may not access or use the Services. Be sure to check this page periodically for updates, as your continued use of the Services signifies your acceptance of any changed items.
Our Intellectual Property
The OptIn name, logos, and related marks are registered trademarks of OptIn. All rights reserved. Our Services and all of its or their contents (articles, text, photographs, images, illustrations, graphics, video material, audio material, and software — collectively, the “intellectual property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by OptIn or the party credited as the provider of the intellectual property. Additionally, each of the Website and Apps are protected by copyright as collective works and/or compilations.
No portion of the Services may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by OptIn.
You may browse through the Services and occasionally download small amounts of materials appearing on the Services that are of interest to you. You must keep intact all copyright, trademark and other notices contained in your personal copies. Except as otherwise provided in these Terms, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Services. You may not attempt to alter or modify the content posted on the Services. Except as expressly set forth in these Terms, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or each of the Website and Apps themselves.
Proper Use of Our Services; Indemnity
You may not use the Services for any purpose that is unlawful or prohibited by these Terms, or cause damage on or through the Services. You promise that none of your communications with or through the Services will violate any applicable local, state, national or international law.
You agree to defend, indemnify and hold OptIn, its officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services in a manner that violates or is alleged to violate these Terms or any applicable law.
Disclaimer of Warranty, Limitation of Liability, and Release
OptIn does not guarantee the accuracy of information found on the Services. Your reliance on information found on the Services is at your own risk.
THE SERVICES, AND EACH OF THE WEBSITE’S AND APPS’ CONTENTS, IS PROVIDED TO YOU “AS IS.” OPTIN MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL OPTIN OR ANY OTHERS INVOLVED IN CREATING THE SERVICES AND ITS OR THEIR CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SERVICES OR ITS OR THEIR CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THIS SERVICES, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICES, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED OPTIN IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
OPTIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THE SERVICES IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT OPTIN ON THE SERVICES, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SERVICES CONTAIN ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. WE UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall OptIn’s aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Services or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
In the event that you have a dispute with OptIn, you release OptIn (and our officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code section 1542 which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially altered his settlement with the debtor.”
Violations and Additional Terms
OptIn reserves the right to seek all remedies available at law and in equity for violations of these Terms. Please see our Privacy Notice for our policies regarding privacy, which is incorporated herein by reference.
No delay or failure by OptIn to enforce any of these Terms shall constitute a waiver of any of our rights under these Terms. Neither the receipt of any funds by OptIn nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of OptIn shall have any legal effect.
If any clause or provision set forth in these Terms is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
Governing Law and Jurisdiction
These Terms and any disputes arising under or related to these Terms and/or the Privacy Notice to the Website or Apps will be governed by U.S. federal law and the laws of the State of Delaware, without reference to its conflict of law principles. Any such dispute shall be resolved exclusively in the State and Federal courts located in Kent County, Delaware. You agree to submit to the personal jurisdiction and venue of the courts of the State of Delaware for any legal proceeding involving the Website, the Apps and the services or content offered thereunder regardless of who initiated the proceeding.
For More Information
If you have any questions regarding our Terms, please contact us by sending an email to legal@Optininc.com or writing to us at OptIn, Inc., 6526 Brookdale Drive, Carmel, CA 93923.
Changes to this Agreement
OptIn reserves the right, in its sole discretion, to modify, alter, or otherwise change these Terms at any time. We will provide notice of such change on the Website and/or Apps. Please review the Terms and/or Additional Terms periodically for changes. Your continued use of the OptIn Services constitutes your acceptance of and agreement to be bound by these changes without limitation, qualification or change. If at any time you determine that you do not accept these changes, you must stop using the Services.