Legal

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY, THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.

Optimal Services LLC ("Optimal Services") maintains this web site (the "Web-Site") as a service to its customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the following terms and conditions.

COPYRIGHT: Copyright © 2002-2009 Optimal Services LLC All rights reserved.

OWNERSHIP: Title to this Web-Site, including without limitation its software components, any documentation, and patents, copyrights and all other intellectual or other property rights applicable thereto, shall at all times remain solely and exclusively with Optimal Services, its affiliates and subsidiaries, and you shall not take any action inconsistent with such title. All Web-Site related software and documentation are protected by United States, Canadian and other applicable laws and by international treaty provisions. Any rights not expressly granted herein are reserved to Optimal Services, its affiliates and subsidiaries.

USE OF OPTIMAL SERVICES’ WEB SITE AND ITS CONTENT: The information contained in this Web-Site is for general guidance on topics selected by Optimal Services. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. There may also be delays, omissions, or inaccuracies in information contained in this Web-Site.

Optimal Services may alter, suspend, or discontinue this Web-Site at any time for any reason, without notice or cost. The Web-Site may become unavailable due to maintenance, malfunction of computer equipment or other reasons.

You may not use this Web-Site to conduct a service bureau or similar business for the benefit of third parties. You may not create derivative work from, adapt, translate, reverse engineer, decompile, disassemble or otherwise reduce the software of this Web-Site to human readable form.

No part of this Web-Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Optimal Services authorizes you to view, copy, download, and print Optimal Services documents (such as white papers, press releases, data sheets, and FAQs) that are available on this Web-Site, subject to the following conditions:

1.The documents may be used solely for noncommercial, informational purposes.
2.The documents may not be modified.
3.Copyright, trademark, and other proprietary notices may not be removed.

NOTICE AND TAKE DOWN PROCEDURES: If you believe any materials accessible on or from this Web Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Optimal Services and providing the following information:

1) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3) Your name, address, telephone number and (if available) e-mail address.
4) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5) A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6) A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, Optimal Services maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.

NO WARRANTIES: INFORMATION AND DOCUMENTS PROVIDED ON THIS WEB-SITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, OPTIMAL SERVICES DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEB-SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB-SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB-SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

It is your responsibility to ascertain whether any information downloaded from this Web-Site is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL Optimal Services OR ITS LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB-SITE OR THE INFORMATION CONTAINED ON THIS WEB-SITE, EVEN IF Optimal Services OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OPTIMAL SERVICES’ AND SUCH LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEB-SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS YOU PAID TO OPTIMAL SERVICES DURING THE MOST RECENT THREE-MONTH PERIOD FOR USING THIS WEB-SITE. Some jurisdictions do not allow the exclusion or limitation of special, incidental, consequential, indirect or exemplary damages, or the limitation of liability to specified amounts, so the above limitation or exclusion may not apply to You.

LINKS TO THIRD-PARTY WEB SITES: This Web-Site may contain links to non-Optimal Services web sites. These links are provided to you as a convenience, and Optimal Services is not responsible for the content of any linked web site. Any outside web site accessed from this Web-Site is independent from Optimal Services, and Optimal Services has no control over the content of that web site. In addition, a link to any non-Optimal Services web site does not imply that Optimal Services endorses or accepts any responsibility for the content or use of such a web site.

NO IMPLIED ENDORSEMENTS: In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Optimal Services of that third party or of any product or service provided by such third party.

GOVERNMENT RESTRICTED RIGHTS: This Web-Site’s software and any documentation are "commercial computer software" or "commercial computer software documentation." Absent a written agreement to the contrary, the U.S. Government's rights with respect to such Web-Site are limited by the terms of this Agreement, pursuant to FAR ' 12.212(a) and/or DFARS ' 227.7202-1(a), as applicable.

JURISDICTIONAL ISSUES: Optimal Services makes no representation that information on this Web-Site is appropriate or available for use outside the United States. Those who choose to access this Web-Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

GOVERNING LAW: Any claims arising under these terms and conditions shall be governed by, and any arbitration hereunder shall apply, the laws of the State of Connecticut, U.S.A., excluding (a) its conflicts of laws principles; (b) the United Nations Convention on Contracts for the International Sale of Goods; (c) the 1974 Convention on the Limitation Period in the International Sale of Goods (the "1974 Convention"); and (d) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.

GENERAL: This Agreement constitutes the entire understanding between Optimal Services and You with respect to subject matter hereof, and shall not be modified except in writing signed by both parties or by a new posting by Optimal Services.