Website Terms and Conditions for https://www.optimalmax.com/
Last Updated: 04/15/2024
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING OR ACCESSING THIS WEBSITE, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES
WILL BE RESOLVED.
1. Acceptance of Terms.
These Website Terms and Conditions ("Terms") govern your use of and access to the website at https://www.optimalmax.com/ (“Website”), which is owned and operated by Golden Max LLC d/b/a Optimal (together with its affiliates, service providers, and partners, "Optimal," "we," “our,” and/or "us").
The Terms constitute a legally binding agreement made between you (whether individually or as an entity), and Optimal, concerning your use of or access to the Website. You agree that by using or accessing the Website, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT
AGREE WITH THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OR ACCESSING THE WEBSITE AND YOU MUST DISCONTINUE USE OR ACCESS IMMEDIATELY.
2. Definitions.
“User” or “You” refers to any person accessing or using the Website. “Content” includes all text, graphics, logos, images, videos and any other materials on the Website.
3. Use of Website.
You may use or access the Website for lawful and informational purposes only. You agree not to engage in any activity that may disrupt or interfere with the proper functioning of the Website.
The information provided when using the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Website.
4. User Representations.
By using or accessing the Website, you represent and warrant that: (a) you have the legal capacity and agree to comply with the Terms; (b) you are not a minor in the jurisdiction in which you reside; (c) you will not access the Website through automated or non-human means, whether through a bot, script or otherwise; (d) you will not use the Website for any illegal or unauthorized purpose; and (e) your use of the Website will not violate any applicable law or regulation.
5. Prohibited Activities.
You may not use or access the Website for any purpose other than that for which Optimal makes the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Optimal. You shall not:
• metatag or frame https://www.optimalmax.com, without Optimal’s prior written permission;
• trick, defraud or mislead Optimal, especially in any attempt to learn sensitive information;
• disparage, tarnish or otherwise harm Optimal and/or the Website;
• use any information obtained from the Website to harass, abuse, or harm another person;
• disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of https://www.optimalmax.com are able to type, or otherwise act in a manner that negatively affects other users' experience;
• interfere with or disrupt https://www.optimalmax.com or servers or networks connected to https://www.optimalmax.com;
• impersonate any person or entity, including, but not limited to, any employee, officer or director or affiliate of Optimal;
• forge headers;
• upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, that interferes with any user’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website;
• collect or store personal data about other users; or
• use the Website in a manner inconsistent with any applicable laws or regulations.
You agree that you will not use any robot, spider, scraper, deep link or other similar automated or systematic data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor https://www.optimalmax.com or any portion of https://www.optimalmax.com or for any other purpose, without Optimal’s prior written permission which may be withheld in its sole discretion.
Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from https://www.optimalmax.com without Optimal’s prior written permission and the appropriate third party,
as applicable; (c) interfere or attempt to interfere with the proper working of https://www.optimalmax.com or any activities conducted on https://www.optimalmax.com or (d) bypass, circumvent, disable or interfere
with security and/or access-control measures we may use to prevent or restrict access to https://www.optimalmax.com.
Notwithstanding the foregoing, Optimal grants the operators of public search engines permission to use spiders to copy materials from https://www.optimalmax.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You shall not use any communication systems provided on https://www.optimalmax.com (ie., e-mail) for any commercial or solicitation purposes.
6. Modifications and Interruptions.
We reserve the right to change, modify or remove the Content of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We will not be liable to you or any third party for any modification, suspension or discontinuance
of the Website.
We reserve the right to modify or update these Terms at any time. The date of the latest revision will be indicated at the top of this page. It is your responsibility to periodically review these Terms for any changes. By continuing to use or access the Website after such changes are posted, you acknowledge and agree to be bound by the Terms as modified.
We cannot guarantee the Website will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the
Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms will be construed to obligate us to
maintain and support the Website or to supply any corrections, updates or releases in connection therewith.
7. Intellectual Property.
The Website, including all Content or materials made available through or used in connection with providing the Website are and shall remain the property if Optimal and are protected by relevant intellectual property, copyright, trademark, patent, and/or other proprietary rights and laws (the “Marks”).
You may not reproduce, modify, distribute or otherwise use (whether in whole or in part) any Content or materials from the Website without Optimal’s prior written consent. All Marks on the Website not owned by Optimal are the property of their respective owners. The Marks owned by Optimal, whether registered or unregistered, may not be used by you without Optimal’s prior written consent.
Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Optimal Marks without our prior written consent. For the avoidance of doubt, no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
The Content is provided on the Website “AS IS” for informational purposes only.
Any violation of this Section shall constitute a material breach of these Terms and your right to use the Website will terminate immediately.
8. Privacy Policy.
Your use of or access to the Website is also governed by the Optimal Privacy Policy, which can be found at https://www.optimalmax.com/privacy and which is incorporated by reference into these Terms.
9. Data Collection.
Optimal’s use of data collected from and about you in connection with your use of or access to the Website is governed by our Privacy Policy.
10. Disclaimers.
The information provided on the Website is for general informational purposes only and should not be considered any type of advice whatsoever. Optimal makes no warranties or representations regarding the accuracy or completeness of the Content on the Website. We do not represent or warrant that the Website or any element thereof is appropriate, available or legal for use in any jurisdiction other than the United States. Those who choose to use or access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. Optimal may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in its sole discretion.
11. Limitation of Liability; Disclaimer of Warranties.
OPTIMAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (INCLUDING DETRIMENTAL RELIANCE), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, USE, DATA, LOSS OF INTELLECTUAL PROPERTY, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION IN CONNECTION WITH YOUR USE OR ANY OTHER USER/THIRD PARTY’S USE OR MISUSE OF THE WEBSITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
THE MAXIMUM LIABILITY OF OPTIMAL FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE $1.00 DOLLAR. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, THAT THE WEBSITE, THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED. THE WEBSITE MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THESE TERMS. ADDITIONALLY, IT IS POSSIBLE THAT THIRD PARTIES MIGHT MAKE UNAUTHORIZED ALTERATIONS TO THE WEBSITE.
THIS WEBSITE AND ALL CONTENT, INFORMATION OR SERVICES ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH THE USE OF THE WEBSITE, INCLUDING
WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE WEBSITE. OPTIMAL DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND CONTENT TO THE FULLEST EXTENT OF THE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
12. Indemnity.
You agree to defend, indemnify and hold harmless Optimal and its respective successors, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your
use of, or activities in connection with, the Website; and (b) any violation of these Terms by you.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware of it.
13. Term.
The Terms shall remain in full force and effect while you use or access the Website.
14. Termination.
These Terms shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR ACCESS TO THE WEBSITE AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If your access to or use of the Website is terminated for any reason, we reserve the right to take appropriate action, including without limitation pursuing civil, criminal and/or injunctive relief.
15. Disputes; Governing Law.
You agree that: (a) https://www.optimalmax.com shall be deemed solely based in the State of Texas; and (b) https://www.optimalmax.com shall be deemed a passive website that does not give rise to personal jurisdiction over Optimal, either specific or general, in jurisdictions other than the State of Texas. These Terms are governed by and construed in accordance with the internal laws of the State of Texas, without regard for principles of conflicts of laws. ANY CIVIL ACTION, CLAIM, DISPUTE OR PROCEEDING ARISING OUT OF OR RELATING TO THE TERMS, EXCEPT FOR AN INJUNCTIVE ACTION REGARDING A BREACH OR THREATENED BREACH OF ANY PROVISION OF THE TERMS BY YOU AS PROVIDED ABOVE, SHALL BE REFERRED TO FINAL AND BINDING ARBITRATION, BEFORE A SINGLE ARBITRATOR, UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN HARRIS COUNTY, TEXAS. THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING HTTPS://WWW.OPTIMALMAX.COM, YOU CONSENT TO THESE RESTRICTIONS.
You and Optimal shall select the arbitrator, and if you and Optimal are unable to reach an agreement on the selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party
requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties
have agreed in writing to an alternate allocation of fees and costs.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Harris County, Texas. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Optimal and your and our respective administrators, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction.
Notwithstanding the previous sentence, in no event shall either you or Optimal be entitled to punitive damages and both you and Optimal hereby waive your
and our respective rights to any punitive, special, indirect or consequential damages.
16. Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent)
may send Optimal a notice requesting that we remove the material or block access to it. If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Optimal a counter-notice. Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
Notices and counter-notices should be sent to:
Golden Max LLC d/b/a Optimal
525 South Cravens Road, Suite #100
Missouri City TX 77489
Entire Agreement.
These Terms constitute the entire agreement between you and Optimal relating to use or access of this Website and supersede any prior or contemporaneous representations or agreements. Any rights not specifically granted by these Terms are reserved by Optimal.
17. Miscellaneous.
The Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee or agency relationship between you and Optimal. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under the Terms without Optimal’s prior written consent. We may assign any or all of our rights and obligations to others at any time. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The Terms, together with the Privacy Policy, constitute the entire understanding between you and Optimal relating to the Website and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Optimal relating to the Website. Notices may be made by posting to the Website in Optimal’s sole discretion.
Optimal will not be responsible for failures to fulfill any obligations due to causes beyond its control. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
18. Contact Information.
If you have any questions about Optimal, the Terms or the Website, please contact us at:
Golden Max LLC d/b/a Optimal
525 South Cravens Road, Suite #100
Missouri City TX 77489
Attn: Chief Financial Officer
Email: ntorrecilla@keralty.com
