These PartnerOptimizer Site Terms (“Site Terms”) set forth the legally binding terms governing your access to and use of the PartnerOptimizer family of websites (www.PartnerOptimizer.com and its associated blog, www.WiseSaaS.com), their web pages, interactive features, and their respective content, including but not limited to content that links to the PartnerOptimizer family of websites owned or operated by PartnerOptimizer Corp. (“PartnerOptimizer”), whether accessed via computer, mobile device or other technology (collectively, the “PartnerOptimizer Sites”).
THE PartnerOptimizer SITES ARE ONLY INTENDED FOR VIEWING IN THE CONTINENTAL UNITED STATES IF YOU ARE EIGHTEEN (18) YEARS OR OLDER AND NOT A MINOR IN YOUR STATE OF RESIDENCE. If you are not an intended viewer, kindly do not use or view any of the PartnerOptimizer Sites.
We may at any time revise these Site Terms by updating these Site Terms. The “Last Updated” date at the top of these Site Terms will indicate when the latest modifications were made. To the fullest extent permitted under applicable law, your continued use of any of the PartnerOptimizer Sites constitutes your agreement to any modified Site Terms. Furthermore, unless explicitly stated otherwise, any new features or services that augment or enhance the PartnerOptimizer Sites in the future shall be considered part of the PartnerOptimizer Sites and subject to these Terms. We reserve the right at any time and from time to time to interrupt, restrict, modify, suspend, discontinue, temporarily or permanently, any or all of the PartnerOptimizer Sites (or any portion thereof), with or without notice to you, and you agree that PartnerOptimizer shall not be liable to you or to any third party for any modification, suspension or discontinuance of any or all of the PartnerOptimizer Sites. Moreover, we may terminate these Site Terms for any or no reason, and with or without notice to you. Your rights under these Site Terms will terminate automatically without notice from us if you fail to comply with any provision of these Site Terms and in such event, you must cease all use of the PartnerOptimizer Sites.
Certain features of the PartnerOptimizer Sites may require you to download content and software, enter into an agreement with PartnerOptimizer (for example, to use certain PartnerOptimizer services available to Vendors and Resellers of Apps), and/or agree to additional terms and conditions, policies and disclaimers (collectively, “Additional Terms”). All such Additional Terms are hereby incorporated by reference into these Site Terms unless expressly set forth otherwise in such Additional Terms. If there is a conflict between these Site Terms and any Additional Terms, the Additional Terms will control with respect to the specific feature of the PartnerOptimizer product or service to which they relate. You agree that you are solely responsible for all fees associated with any purchases you make on www.PartnerOptimizer.com.
THIRD PARTY PRODUCTS AND SERVICES
Some of the products and services offered on www.PartnerOptimizer.com may be offered by third-parties not affiliated with PartnerOptimizer. You agree that PartnerOptimizer is not responsible for any product or service on www.PartnerOptimizer.com that originates from a source other than PartnerOptimizer.
When you visit the PartnerOptimizer Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the PartnerOptimizer Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
INTELLECTUAL PROPERTY RIGHTS
All content included on the PartnerOptimizer Sites, such as text, graphics, user interfaces, visual interfaces, photographs, logos, button icons, images, audio clips, sounds, digital downloads, data compilations, and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such sontent, is the property of PartnerOptimizer or its content suppliers and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
The compilation of all content on the PartnerOptimizer Site is the exclusive property of PartnerOptimizer and is protected as a collective work by U.S. and international copyright laws. All software used in the operation of the PartnerOptimizer Site is the property of PartnerOptimizer or its software suppliers and is protected by U.S. and international copyright laws.
One or more patents owned by PartnerOptimizer apply to www.PartnerOptimizer.com and to the features and services accessible through such site.“PartnerOptimizer”, “PartnerOptimizer”,“WiseSaaS” and other PartnerOptimizer graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of PartnerOptimizer in the U.S. and/or other countries. PartnerOptimizer’s trademarks and trade dress may not be used in connection with any product or service that is not PartnerOptimizer’s, in any manner that is likely to cause confusion among consumers, in any manner that implies or suggests an affiliation or association with, or endorsement by, PartnerOptimizer, or in any manner that disparages or discredits PartnerOptimizer or its products or services.
All other trademarks not owned by PartnerOptimizer that appear on a PartnerOptimizer Site are the property of their respective owners, who may or may not be affiliated or associated with, endorsed by, connected to, or sponsored by PartnerOptimizer.
LICENSE AND SITE ACCESS
PartnerOptimizer grants you a limited, revocable, and nonexclusive license to access and make personal use of the PartnerOptimizer Sites in order to search, browse or compare listed Apps. This license does not include any rights to resale or commercial use of the PartnerOptimizer Sites or their contents; any derivative use of the PartnerOptimizer Sites or their contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering, extraction and/or scraping tools.
Unless otherwise specified in any Additional Terms applicable to you, (i) PartnerOptimizer does not grant you a license to download (other than page caching) or modify the PartnerOptimizer Sites, or any portion of them, except with express prior written consent of PartnerOptimizer, and (ii) none of the PartnerOptimizer Sites (in whole or in part) or their contents may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, except with express prior written consent of PartnerOptimizer. For avoidance of doubt, your right to use any data, documentation or other materials that you access or download through the PartnerOptimizer Sites is subject both to these Site Terms and any Additional Terms applicable to you.
PartnerOptimizer also grants you a limited, revocable, and nonexclusive right to create hyperlinks to the home page of a PartnerOptimizer Site, so long as the links do not portray PartnerOptimizer, or its products or services, in a false, misleading, derogatory, disparaging or otherwise offensive manner, or in any manner that implies or suggests an affiliation or association with, or endorsement by, PartnerOptimizer. You may not use any PartnerOptimizer logo or other proprietary graphic or trademark as part of the link without express written permission from PartnerOptimizer.
If you are a registered user of www.PartnerOptimizer.com, you are solely responsible for maintaining the confidentiality of your PartnerOptimizer account and password, and you agree to accept responsibility for all activities that occur under or through your account. You agree to (a) immediately notify us of any unauthorized use of your account or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us should you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision. PartnerOptimizer reserves the right to refuse service, terminate accounts, remove or edit content originally posted through any user account in its sole discretion. If PartnerOptimizer removes or edits content originally posted through any user account, PartnerOptimizer will immediately notify that user of such changes.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors to and registered users of a PartnerOptimizer Site may interact with us in a variety of way, including by completing forms to request more information from PartnerOptimizer or App Vendors or Resellers on www.PartnerOptimizer.com, posting reviews, comments and other content; and submitting suggestions, ideas, comments, questions, or other information via interactive site features, subject to the following limitations: no user-generated content posted on a PartnerOptimizer Site may be false, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property or other proprietary rights, or otherwise injurious to third parties or objectionable, as determined by PartnerOptimizer in its sole discretion, nor consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
Visitors to and registered users of a PartnerOptimizer Site may not use a false e-mail address, impersonate any person or entity, or otherwise mislead others as to the origin of any user-generated content. PartnerOptimizer reserves the right (but has no obligation) to remove or edit any user-generated content, and does not regularly review posted content. If you do post or otherwise submit any content to a PartnerOptimizer Site, you grant PartnerOptimizer and its designees a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, and to elect to use the name that you submit in connection with such content.
You and third parties may be permitted to upload certain data, text, audio, video, images or other content (“Third Party Content”) to areas of the PartnerOptimizer Site. You acknowledge that (a) PartnerOptimizer has not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and (c) Third Party Content may be subject to separate license terms as determined by the person posting such content.
You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PartnerOptimizer for all claims resulting from content you supply. PartnerOptimizer takes no responsibility and assumes no liability for any content posted by you or any third party.
PartnerOptimizer respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Procedure for Making Claims of Copyright Infringement set out below .
INTERNET DELAYS AND LOSS OF DATA
USE OF A PartnerOptimizer SITE AND PartnerOptimizer’S ONLINE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PartnerOptimizer IS NOT RESPONSIBLE FOR DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH LIMITATIONS, DELAYS, AND OTHER PROBLEMS. YOU SHOULD NOT RELY SOLELY ON A PartnerOptimizer SITE TO MAINTAIN ANY DATA OR INFORMATION YOU SUBMIT; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE PartnerOptimizer SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PartnerOptimizer SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PartnerOptimizer SITES, THEIR SERVERS OR EMAIL FROM A PartnerOptimizer SITE ARE PROVIDED BY PartnerOptimizer ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND PartnerOptimizer DOES NOT WARRANT THAT ANY OF THESE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DOES PartnerOptimizer MAKE ANY WARRANTIES REGARDING THE USE OF THE MATERIALS IN ANY PartnerOptimizer SITE OR WITH RESPECT TO THEIR COMPLETENESS, CORRECTNESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PartnerOptimizer OR THROUGH ANY PartnerOptimizer SITE SHALL CREATE ANY OBLIGATION ON, OR WARRANTY BY, PartnerOptimizer NOT EXPRESSLY MADE HEREIN.
PartnerOptimizer MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PartnerOptimizer SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PartnerOptimizer SITES, AND PartnerOptimizer DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE PartnerOptimizer SITES IS AT YOUR SOLE RISK. PartnerOptimizer WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PartnerOptimizer SITES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PartnerOptimizer SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IF YOU ARE DISSATISFIED WITH A PartnerOptimizer SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless PartnerOptimizer and its officers, directors, employees and agents from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of any PartnerOptimizer Site; your communication, placement or transmission of any message, content, information or other materials on or through any PartnerOptimizer Site; your breach or violation of any applicable law, any third party right or of these Site Terms; or any activity otherwise related to your use of any PartnerOptimizer Site (including negligent or wrongful conduct), by you or any other person accessing a PartnerOptimizer Site using an account registered to you.
By using the PartnerOptimizer Sites, you agree that state of California, U.S.A., without regard to such state’s conflicts of law principles, will govern these Site Terms and you shall submit to the personal and exclusive jurisdiction of the courts located within San Diego County, California to resolve any dispute relating in any way to your use of the PartnerOptimizer Sites or to products or services provided by PartnerOptimizer. Notwithstanding this, you agree that PartnerOptimizer shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. By using the PartnerOptimizer Sites, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to any such site or these Site Terms must be commenced within one (1) year after the claim or cause of action arises or be forever barred. The PartnerOptimizer Sites are controlled and operated in the U.S.A. and may not be available to individuals or companies outside of the U.S.A. PartnerOptimizer makes no representation that materials on any PartnerOptimizer Site are appropriate or available for use in other locations, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access a PartnerOptimizer Site from locations outside of the U.S.A. do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. or any other jurisdiction’s export, re-export or import laws and regulations.
PartnerOptimizer’s failure to insist upon or enforce strict performance of any provision of these Site Terms shall not be construed as a waiver of any provision or right. If any portion of these Site Terms shall be deemed invalid, void, or for any reason unenforceable, that portion of these Site Terms shall be deemed severable and shall not affect the validity and enforceability of the remaining Site Terms. Neither the course of conduct between you and PartnerOptimizer nor trade practice shall act to modify any of these Site Terms.
Unless these Site Terms or any Additional Terms require a particular means of notice, all notices that are permitted or required to be provided to PartnerOptimizer under these Site Terms or any Additional Terms must be in writing and delivered by nationally recognized overnight delivery service (with confirmation of delivery), by electronic facsimile (fax) (with confirmation of delivery), by electronic mail (with confirmation of delivery), or by U.S. mail (return receipt requested) using the contact information given below. PartnerOptimizer will provide notices to you using the contact information on record for your account if you are a registered user and/or by posting on a PartnerOptimizer Site. PartnerOptimizer may also provide notices to you as set forth in any Additional Terms applicable to you (for example, if you have a written agreement with PartnerOptimizer to use certain PartnerOptimizer services available to Vendors and Resellers of Apps).
PartnerOptimizer Legal Department
7770 Regents Road, Suite 113-129
San Diego, CA 92122
phone: (800) 748-7650
fax: (413) 647-1015
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act and other applicable law, we have implemented a procedure for contacting us if you believe that certain rights might be infringed by content posted on a PartnerOptimizer Site. If you believe in good faith that content hosted by us infringes your copyright, provide our Registered Agent with the written information requested below.
1. A full and complete identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, the Site on which the material is posted and information that will allow us to locate that material on the Site, such as a link to the infringing material.
3. Your name, address, email and telephone number.
4. Include the following statement, signed by you: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on any PartnerOptimizer Site should be emailed or mailed, at your choice, to: IP@PartnerOptimizer.com
PartnerOptimizer Legal Department,
7770 Regents Road,
San Diego, CA 92122
We will review and address all notices that comply with the above requirements. We recommend that you consult your legal advisor before filing a notice or counter-notice. You may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, submitters who are deemed to be repeat infringers. We may also, at our sole discretion, limit the access to any of the Sites for any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.