Legal Information & Terms of Use

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY VISITING THIS WEBSITE AND PURCHASING OUR SOFTWARE YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT AND IT’S TERMS. IF YOU DO NOT AGREE TO THIS LICENSE, WE ASK THAT YOU PLEASE LEAVE OUR WEBSITE.

License Grant

"You" means the person or company who is being licensed to use the Software or Documentation. "We," "us" and "our" means OptimizePress or Mr J Dyson.

We hereby grant you a nonexclusive license to use the Software on any web host, provided the Software is in use only for your own business use, you are not granted permission to use this software on any sites belonging to clients or on any websites or domains not owned and operated by you. The Software is "in use" on a web host when it is installed via the installation process or any of or all of its files are uploaded via FTP to a web host.

On shared hosting, the primary license holder (purchaser) has the right to use the software but if the software is used by any other party with access to the shared hosting/hosting account on a regular basis, (Where regular is more than once a week) they will need to purchase their own license.

Title

We remain the sole owner of all right, title and interest in the Software and related explanatory written materials ("Documentation") and tutorials.

Archival or Backup Copies

You may copy the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above.

Things You May Not Do

The Software and Documentation are protected by international copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material-for example, a book.

YOU MAY NOT:

- Copy the Documentation,

- Copy the Software except to make archival or backup copies as provided above,

- Modify or adapt the Software or merge it into another program in any way,

- Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,

- Place the Software onto a server so that it is accessible via a public network such as the Internet,

- Sublicense, rent, lease or lend any portion of the Software or Documentation.

- Share login details for the software to others (you are granted to share your logins with Virtual assistants provided they are working on your behalf)
- Allow client access to the software.

- Use the software to host client material (videos or audio) If you wish use the software for client files then you will need to purchase a new copy for each individual client.

- Allow multiple people to use your installation (this includes but is not limited to use on any WordPress Multiuser/MU installations)

Transfers

You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer or web hosting. (You may do this once. After this you will need to purchase another copy)

Limited Warranty

We warrant that for a period of 30 days after delivery of this copy of the Software to you:

The downloadable area where access to your Software is provided to you will be online and available for use, or an alternative will be provided (we are under no liability should this area become unavailable)

The Software will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limited Remedy

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:

Return the price you paid, or

Repair or replace the Software that does not meet the foregoing warranty if proof of ownership is provided.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Term and Termination

This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.

Confidentiality

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

Disputes

This license agreement shall be governed by, construed and enforced in accordance with the laws of the , as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate OptimizePress and/or its affiliates' intellectual property rights, OptimizePress and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of , and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Sheffield, United Kingdom. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Sheffield, United Kingdom, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

Refund Policy

Although we always endeavor to offer a high quality product, we understand that there are circumstances where you may require a refund. We offer 30 days starting from (including) day of purchase during which you can request a refund and this will be processed for you. Please note that if you refund, all rights to use the product will be revoked, and you must remove the software from all sites and computers on which it was installed. We reserve the right to decline a refund if the client does not adhere to these conditions.

Please note, our refund policy only applies to the first time you purchase our product. Second time purchases will not be permitted the same rights to refund. We understand that sometimes the timing may not be right when you purchase our product and you may return to purchase later, but please be aware second time refund requests will not be permitted. This is to protect our product and ourselves from individuals who may take advantage of our refund policy.

Chargebacks & Payments

Client permanently and irrevocably waives any and all right to enact a ‘chargeback’ (that is, a disputed, reversed or contested charge with the applicable bank, credit card or charge card) against these payments for any reason whatsoever against OptimizePress.com or Mr J Dyson.

General Provisions

  • This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
  • This license agreement may be modified only by a writing signed by you and us.
  • In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
  • You agree that the Software will not be provided, shared, shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

Trademark Policy

Permission from OptimizePress / Mr James Dyson is required to use the OptimizePress name or logo as part of any project, product, service, domain or company name.

We may grant permission to use the OptimizePress name and logo for projects on an individual basis - you must contact us to discuss your potential use of our name or logo.

Our affiliate partners / members of our partner program are granted non-exclusive rights to use our name as part of their marketing, but domains must not include OptimizePress or our name in any format.

Our logo may be on websites promoting our product or related services, but should not be used in the header or logo sections of your website, or as any kind of branding for your website or page.  It must be clear that websites are not part-of or endorsed by OptimizePress or our company in any way.

We do not allow the use of the trademark in advertising, including AdSense/AdWords.

The abbreviation “OP” is not covered by the OptimizePress trademarks and you are free to use it in any way you see fit

When in doubt about your use of the OptimizePress name or logo, please contact the us for clarification.