Optimum Ascent LLC provides its content on the site subject to the following terms and conditions (the “Terms”). We may periodically change the Terms, so please check back from time to time. By accessing and using this Site, you agree to these Terms.
All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Optimum Ascent LLC and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Optimum Ascent LLC and its licensors.
Use of Site Content
Optimum Ascent LLC hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print the content and functionality displayed on the Site (the “Site Content”) solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without our prior written consent.
You acknowledge and agree that Optimum Ascent LLC shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, and otherwise, and you hereby waive any claims against Optimum Ascent LLC for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with our use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. We do not and cannot review all information posted to the Site by users and we are not responsible for such information. However, we reserve the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
Notices of Infringement and Takedown by Optimum Ascent LLC
Optimum Ascent LLC prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to us at the address shown on the contact us page, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. We will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
Governing Law; Jurisdiction
These Terms are governed by the laws of the State of New York without reference to the principles of conflicts of laws thereof.