Terms

 

Terms and Conditions

 The terms and conditions stated herein (collectively, the “Agreement“) constitute a legal agreement between you and Optimum Consultancy Services, LLC (“Optimum“, “we“, “us” and “our“) (hereafter collectively referred to as the “Parties“). By accessing or using our Websites (defined below), our Applications (defined below) and/or our Services (defined below) you agree and acknowledge to be bound by this Agreement.

The terms and conditions stated in this Agreement are subject to change. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access or use our Websites or Applications after changes are posted, you are taken to have accepted all changes. If you do not agree to the terms and conditions of this Agreement or to our Privacy Policy, please do not access or use our Websites, Applications and/or Services.

In consideration of the mutual covenants and conditions contained herein, the Parties agree as follows:

Definitions.

The following definitions apply throughout this Agreement:

  1. “Websites” means www.optimumcs.com, www.optimumppm.com, www.transportationservicesapp.com, www.limo800.com, and all or each of those websites that are owned, maintained and operated by Optimum. This excludes any thirds party websites and/or external websites that may be linked to or linked by our Websites.
  2. “Applications” means all or each of those software, web, cloud, database, or mobile applications that are owned and maintained by Optimum. This excludes any thirds party applications and products that are not owned by us and not under our control.
  3. “Courseware” means electronic and printed student materials, instructor packages and other solutions and materials provided by Optimum and/or Optimum’s partners, distributed as handouts, PowerPoint presentation, or other formats which comes in printed form, online forms, electronic copies or as other formats
  4. “Class” means one (1) or more online, electronic or physical classroom, or blended training activities offered and/or organized by Optimum or Optimum’s partners wherein Courseware or Instructor Services are presented in a specific timeframe.
  5. “Instructor Services” means the agreed provision of a Class by an Instructor provided by Optimum or optimum’s partners to a participant.
  6. “Participant” refers to the individual attending a Class or taking an exam with Optimum or Optimum’s partners.
  7. “Instructor” means the qualified person supplied by Optimum or optimum’s partners to provide the training delivery to participants.
  8. “Services” means any business or IT consulting services, classroom and online training services, Instructor Services, accreditation service, exam center services, eLearning services, internet and cloud hosting services, and other IT solutions and services provided and/or offered by Optimum and/or its partners.

 Acceptance of Terms and Conditions

  1. By using or receiving our Services or downloading, accessing, installing or using any of our Websites and/or Applications, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at our Websites or through our Applications.

 Disclaimers, liability limitation and indemnity

  1. Our Websites, Services and Applications are not available to children (persons under the age of 18). By accessing and/or using our Websites, Applications and/or Services, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
  2. Our Websites, Services and Applications are ONLY available in the USA. We do not warrant that our websites, Services and/or Applications will be available to any country outside of USA.
  3. Although we have taken reasonable steps to ensure the accuracy, currency, availability correctness and completeness of the information contained in our Websites, Applications and Services, our Websites, Applications and Services are provided on an “as is”, “as available” basis and we do not give or make any warranty or representation of any kind, whether express or implied.
  4. The use of our Websites, Applications, and Services are entirely at your own risk. We shall not be liable for any losses or damages, whether direct or indirect, consequential, incidental, special, punitive or other damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of data, loss of business information, bodily injury, emotional distress or death) that you or anyone else may suffer as a result of your use of our Websites, Applications and Services. Also we shall not be liable for any losses or damages resulting from computer or smartphone services, system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorized use of the system arising from “hacking” or otherwise or your reliance on the information contained in our Websites, Applications and/or Services.
  5. We do not represent or warrant that our Websites, Applications and Services will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
  6. We make no representations or warranties regarding the accuracy, functionality, availability or performance of any third party service, software, or hardware (including but not limited to Mobile App Stores, Cloud Backends (Baas), SaaS applications, Computers and Smartphones) that may be used by or in connection with our Websites, Applications and/or Services.
  7. Optimum may rely on third party advertising and marketing supplied through our Applications or Services and other mechanisms to subsidize our Applications or Services. By agreeing to this Agreement you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing (email info@optimumcs.com) . Optimum reserves the rights to charge you a higher fee for the Services or Applications should you choose not to receive these advertising services. Optimum may compile and release information regarding you and your use of our Websites, Applications or Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through our Services.
  8. Optimum obtains, accesses and stores sensitive website or application login data as part of its daily operations. While we will take every reasonable precaution to secure these details, we will not accept any responsibility or liability for actions that may result from this data being intercepted or accessed by an unauthorized third-party.
  9. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees, contractors, and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of your use of our Websites, Applications and/or Services or any breach of the terms and conditions of this Agreement by you.

Training Cancellation and Refund Policy

  1. Cancellations received up to fifteen (15) business days before the Class are fully refundable. After that, cancellations are subject to the entire Class fee. Please note that if you do not cancel or do not attend the course, you are still responsible for payment. Substitutions may be made at any time. To make a substitution, cancel or reschedule a course, please call 713.505.0300 or email training@optimumppm.com.
  2. If Optimum finds it necessary to cancel a course due to low enrollment, a full refund will be made.
  3. Optimum will not be responsible for Participant’s airfare and/or hotel expenses or cancellation fees.
  4. If you disrupt a course session, we reserve the right to remove you from the course. In the event you are removed from a course, you will have no right to a refund.
  5. Dates, times and pricing of all Optimum courses are subject to change.

Transportation Services Mobile and Web Applications

  1. Optimum does not provide transportation services, and Optimum is not a transportation carrier. It is up to the third party transposition provider, driver or vehicle operator to offer and provide transportation services which may be facilitated and/or scheduled through use of our Applications and/or Services. Optimum may offer information and methods to obtain such third party transportation services, but does not and does not intend to provide transportation services or act in any way as a transportation carrier, and has no responsibility or liability (including but not limited to any bodily injuries, emotional distress  or death of you or any other person, damages or loss of money, loss of business profits, business interruption or other damages whatsoever) for any transportation services provided to you or any other person by such transportation third parties.
  2. Optimum does not define or enforce any transportation fees and charges, cancellation fees, refund, toll, or waiting time policies for any transportation services provided to you or any other person by third party transportation carriers through our Applications and/or Services. You should make yourself familiar with the fees, policies and terms and conditions of those transportation carriers before using them and direct any questions or comments about their services, fees, policies, and terms & conditions to the relevant transportation carrier.
  3. Optimum has no responsibility or liability for the quality or lack of quality of services offered/provided to you or anyone else by the third party transportation carries via our Applications and/or Services. You should direct any concerns, complains, and questions to the relevant transportation carrier.
  4. By accessing or using our Applications and/or Services you agree to receive SMS messages, phone calls, emails, mails, push notifications and other communications from the transportation carries that offer/provide transportation services to you via our Applications and/or Services.
  5. Optimum has no responsibility or liability (including but not limited to any bodily injuries, emotional distress, or death of you or any other person, damages or loss of money, loss of business profits, business interruption or other damages whatsoever) for any services, policies and fees provided and enforced by third party transportation carriers that provide services to you or any other person through our Applications and/or Services..

 Payments, returns and refunds

  1. If you are using our Services and/or Applications, and if applicable, you agree to pay for any applicable and agreed-upon setup fee, software license fee, programming fee, recurring monthly fees, and cloud and hosting services fee, as set out in the service agreement/contract executed between you and Optimum.
  2. You also agree to a no-refund and no-return policy. Any monthly service fees, as well as any setup, software license, administrative or programming fees that you paid are non-refundable. The recurring fees are rendered in advance of each monthly service term.
  3. You agree to pay monthly service fees even in the event of partial or full interruption of our Websites, Applications or Services during the month or in the event of service interruption or a temporary or permanent rejection of service by various software platforms, cloud and hosting providers, and mobile application stores.
  4. Optimum, at its sole discretion, makes promotional offers with different features and/or different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for our Services or Applications, as we deem necessary for our business. We encourage you to check back with us periodically if you are interested about how we charge for our Services and Applications.

SMS Messaging & Email Communications

  1. If you are using our Websites,  Applications and/or Services, and have SMS service from one of the supported Carriers, you may receive SMS notifications, phone calls, emails, facebook/linkedin/twitter updates, and promotional messages (hereafter collectively referred to as “Notification & Marketing Service“) from us at any time. Message and data rates may apply for SMS notifications.
  2. If you change your mobile phone number, mobile phone service provider or email address, the Notification & Marketing Service may be deactivated. Optimum reserves the right to cancel the Notification & Marketing Service at any time; you may cancel (opt-out) by emailing info@optimumcs.com
  3. Messages sent over the Internet or via SMS cannot be guaranteed to be completely secure as they are subject to possible interception or loss or possible alteration. We are not responsible for any message lost, intercepted or altered by third parties and will not be liable to you or anyone else for any damages by or in connection with any message sent by you to us or any message sent by us to you over the Internet or via SMS.

Breach

  1. Without limiting any other rights and remedies available to us, we may limit your activities on our Websites, Applications and Services, remove your content, warn other users of your actions, issue a warning to you, suspend or terminate your access to our Websites, Applications, or refuse to provide our Services to you if you breach these terms and conditions or where we consider it appropriate.

Eligibility and Warranties

  1. OUR WEBSITES AND APPLICATIONS, AND ALL MATERIALS, INFORMATION, USER CONTENT, PRODUCTS AND SERVICES INCLUDED IN OUR WEBSITES AND APPLICATIONS ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. OPTIMUM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. OPTIMUM DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF OUR WEBSITES, APPLICATIONS AND SERVICES. OPTIMUM DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH OUR WEBSITES, APPLICATIONS, OR SERVICES. OPTIMUM DISCLAIMS ANY WARRANTIES FOR SERVICES RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITES AND APPLICATIONS OR RECEIVED THROUGH ANY LINKS PROVIDED BY OPTIMUM.
  2. UNDER NO CIRCUMSTANCES SHALL OPTIMUM BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON OUR WEBSITES AND APPLICATIONS, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF OPTIMUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON OUR WEBSITES OR APPLICATIONS, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON OUR WEBSITES OR APPLICATIONS, FROM INABILITY TO USE OUR WEBSITES, APPLICATION OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR WEBSITES, APPLICATIONS OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITES OR APPLICATIONS OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITES OR APPLICATIONS. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF OUR WEBSITES OR APPLICATIONS OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITES OUR APPLICATIONS. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
  3. By using our Websites, Applications or Services, you agree that (i) you will only use our Websites, Applications and/or Services for lawful purposes; you will not use the Websites, Services or Applications for sending or storing any unlawful material or for fraudulent purposes (ii) you will not use our Websites, Service or Application to cause nuisance, annoyance or inconvenience (iii) you will not impair the proper operation of the network and will not try to harm our Websites, Services or Applications in any way whatsoever (iv) you will not copy, or distribute our Websites and Applications or other content without written permission from Optimum; you will only use our Websites, Applications and Services for your own use and will not resell it to a third party (v) you will keep secure and confidential your account password or any identification we provide you which allows access to the Websites, Application and/or Services.
  4. By signing up for our Services or Applications or transmitting your content to us, or making your content otherwise available to us, you hereby grant us a license to use, modify, alter, publicly perform, publicly display, reproduce, and distribute such content on and through our Websites, Services or Applications and furthermore to share such information to be published on our websites and in Applications or servers of our affiliates or partners. Without this license, we would be unable to provide the services and would be unable to promote and publish your activities and content through our partners and affiliates to the broader community. You represent and warrant that: (i) you own the content that you transmitted to us or made available to us, or otherwise have the right to grant the license set forth in this section, and (ii) the posting or transmission or dessamination of your content on our website or Applications does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content that you transmitted to us or made available to us. If any person makes any claim against us or our third party service suppliers, claiming that any of the content you transmitted to us or made available to us, or any use of them, infringes any copyright, or other intellectual property or moral right of any person, company or entity, you indemnify us and our third party service providers against all costs, claims, loss, damage, demands and expenses (including all reasonable legal costs, fees and expenses) arising directly or indirectly out of such claim.

Third Party Websites and Applications

  1. Links contained in our Websites or Applications, might lead to other websites or applications not under our control, and we accept no liability for the content or availability of any linked site or application which is not operated by us or any link contained in a linked site not operated by us. Links on our Applications are provided to you only as a convenience and the inclusion of any link does not imply reliability and we do not necessarily endorse any pages linked to our Website or Applications. Accordingly, you should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.
  2. We may access, collect, and store your login and/or personal information stored in/available via third party applications, including but not limited to Facebook, Tweeter, Google+, Linkedin, GPS and Map application, or native apps stored on your mobile devices to be used within our applications or websites. We will not accept any responsibility or liability for actions that may result from this data being intercepted or accessed by an unauthorized third-party.

Trademarks and Copyright

  1. All copyright, trade marks and all other intellectual property rights in our Websites and Applications and their content (including but not limited to any text, files, ideas, images, photos, video, sounds, musical works, works of authorship, or any other materials) and all software and source codes included in our Applications is owned by Optimum unless otherwise noted.
  2. Subject to your compliance with the terms and conditions of this Agreement, Optimum grants you a limited, non-exclusive, non-transferable license: (i) to view, download and use our Websites or Applications solely for your personal and non-commercial purposes; and (ii) to view any company and user content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section
  3. With respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Optimum reserves all rights in and to the Applications not expressly granted to you under this Agreement.
  4. Optimum and/or Optimum’s partners owns copyrights for the Courseware and instructional materials that you receive from us. You are granted a personal use license for the Courseware and  instructional materials, for the sole purpose of training you in the curriculum for the Class(es)  that you purchase from us.

 Applicable Law and Dispute Resolution

  1. All our Websites, Applications and Services are controlled by Optimum from Houston, TX, USA. Any disputes must be determined in accordance with laws in force in Texas, USA. You irrevocably and unconditionally submit to this jurisdiction.
  2. Any claim that you bring against Optimum and its officers, directors, employees and agents that arises out of our Websites, Applications or Services provided to you will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such dispute or controversy shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Houston, TX, USA, and any court of competent jurisdiction may enter a judgment on the arbitration award.
  3. We do not warrant that the content of our websites or Applications complies with the laws of any country outside of USA. If you access our Websites or Applications from outside of USA, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us. Nothing on our Websites and our Applications constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
  4. If any provision of the Agreement is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.

Privacy Policy

We understand the importance of user privacy and support best practice procedures in the way your personal information is handled. By providing your personal information, you agree and consent to the collection, use, disclosure, storage and holding of your personal information in accordance with this Privacy Policy.

 Information Collected; Information Utilization and Sharing; Privacy Compliance

  1. We collect information from users, their computers and/or mobile devices which may include personal Information, at different points on our Website and Applications as follows: (i) when you visit our Website or use our Applications, our servers make a record of your visit and logs the following information for statistical purposes: your server IP address and your domain name, the pages you accessed and the documents downloaded, the date and time of your visit to the site, the previous site you have visited and the type of browser you are using; (ii) If you access or use our Websites or Applications on your mobile telephone or other mobile device, including tablets, we collect mobile device identifiers, including MAC Address, and IP Address. We may create and assign to your device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to provide, such as user name, geo-location or e-mail address. We may also access your location and contacts list to be used within our Websites or Applications; (iii) we might receive information about you from other sources and add it to our account information; (iv) we collect and store information you enter on our Websites or Applications or give us in any other way. When you sign up for an account, request a demo, submit a review, fill out a newsletter or subscription form, or otherwise enquire about our Services or Applications, we ask that you provide basic contact information such as your name, phone number, address, email address, physical and mailing address so that we can process it. We may also collect additional information at other times, including but not limited to, when you provide feedback, payment and credit card information, change your content or email preferences, respond to a survey, or communicate with us.
  2. We may also use your data to provide you with information about our Applications and Services which may be of interest to you, and we may contact you about these by mail, text message, or telephone. If you have consented for us to do so, or if you are an existing customer, we may also contact you by electronic means. If you are an existing customer we may contact you by electronic means without additional consent with information about services similar to those which were the subject of a previous sale to you.
  3. Optimum will not transfer your personal information to third parties without your consent, except under the following limited conditions: (a) we have your consent to share the information; (b) the information is being shared to provide the product or service you have requested or contractually agreed to; (c) the information is being shared to third parties who work on behalf of Optimum to provide a product or service to you, (d) the information is publically available; or (e) as required by law or to enforce our terms of use.
  4. Your IP address and mobile device information may also be used to help identify your location, and your online profile and to gather broad demographic information (such as country of origin). We may maintain (as permitted by applicable law) your data following your termination of your relationship with us. We may delete your user data as permitted by applicable law. If you provide credit, debit or other payment card and related details to us in order to make a payment, we will use those details only for the purpose of processing the payment.
  5. From time to time we use third-party advertising companies to serve ads on our Websites and Applications or to provide analysis of site traffic. These companies may use information (not personal or contact details) about your visits to this and other web sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you or to provide insight about the effectiveness of our Websites and Applications.
  6. Our Websites and our Applications may contain links to other sites; these links are meant for your convenience only. Links to third party sites do not constitute sponsorship or endorsement or approval of these sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware, when they leave our site, to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected in our Websites and Applications.
  7. We may use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our Websites and Applications. Usage of a cookie is in no way linked to any personally identifiable information on our Websites and Applications.
  8. Some of our business partners may use cookies on our Websites or Applications (for example, advertisers). However, we have no access to or control over these cookies.
  9. We may use personal information collected from you to make you aware of our products and Services. We do not sell this information to others. However if you wish to cease receiving any such information you may let us know either by email (info@optimumcs.com) or mail and your request will be handled within fifteen working days from the date of receipt. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased.
  10. We may employ other companies and individuals to perform functions on our behalf. Examples include sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions. By contractual agreement, those companies must treat your information in accordance with this Privacy Policy. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of your personal information by these companies.
  11. Optimum may rely on third party advertising and marketing supplied through our Applications or Services and other mechanisms to subsidize our Applications or Services. By agreeing to this Privacy Policy you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing (email info@optimumcs.com) . Optimum reserves the rights to charge you a higher fee for the Services or Applications should you choose not to receive these advertising services. Optimum may compile and release information regarding you and your use of our Websites, Applications or Services as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through our Services.
  12. We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Optimum Consultancy Services, LLC, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.
  13. Some parts of our Websites and/or Applications, such as message boards, job listings, and forums, may allow users to post text, information, images, audio, video, messages, and other materials, (any such materials a user submits, posts, displays, or otherwise makes available on our Website and/or Applications is referred to as “User Content”). We do not endorse and are not responsible for any opinion, advice, information, or statement contained in the User Content made or displayed on our Websites and/or Applications by third parties. You acknowledge that by accessing our Websites and Applications, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that we shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material.
  14. We may share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person

Information Security

  1. We work to protect the security of our customers and user’s information and to prevent unauthorized access to such information. While we will take every reasonable precaution to secure these details, we will not accept any responsibility or liability for actions that may result from this data being intercepted or accessed by an unauthorized third-party.
  2. We cannot be guaranteed the Messages sent over the Internet or via SMS to be completely secure as they are subject to possible interception or loss or possible alteration. We are not responsible for any message lost, intercepted or altered by third parties and will not be liable to you or anyone else for any damages by or in connection with any message sent by you to us or any message sent by us to you over the Internet or via SMS.
  3. By using our Websites, Applications or Services, you agree that you will keep secure and confidential your account password or any identification we provide you which allows access to the Websites, Application and/or Services.

Disclaimers, liability limitation and indemnity

  1. Our Websites, Services and Applications are not available to children (persons under the age of 18). By accessing and/or using our Websites, Applications and/or Services, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to abide by the terms and conditions of this Privacy Policy.
  2. The use of our Websites, Applications, and Services are entirely at your own risk. We shall not be liable for any losses or damages, whether direct or indirect, consequential, incidental, special, punitive or other damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of data or loss of business information) that you may suffer as a result of your use of our Websites, Applications and Services, including but not limited to computer or smartphone services, system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorized use of the system arising from “hacking” or otherwise or your reliance on the information contained in our Websites, Applications and/or Services.
  3. We do not represent or warrant that our Websites, Applications and Services will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
  4. To the full extent permitted by law, Optimum is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages, including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage arising out of or in connection with our Website and/or Applications, even if Optimum has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use our Websites and/or Applications; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from our Websites and/or Applications; (c) statements or conduct of any third party, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information you may download, use, modify, or distribute. To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the above limitation or exclusion may not apply and shall be limited to the greatest extent permitted by law.
  5. If any provision of these terms is illegal, void, or for any reason unenforceable, then that provision will be deemed severable from the terms, will be enforced to the fullest extent allowed by law as to affect the intention of these terms, and will not affect the validity and enforceability of any remaining provisions.

 Change in Privacy Policy and Contact Information

As we plan to ensure our privacy policy remains current, this Privacy Policy is subject to change. Please return periodically to review our privacy policy. If you have any questions or concerns regarding our Privacy Policy or our use of your information, please email info@optimumcs.com.

Have questions? Call 1 (713) 505 0300