Terms & Privacy

Terms & Conditions

This Standard Terms and Conditions for Sales & Service Agreement (“Agreement”) contains the terms and conditions that apply to any order, purchase, or receipt for products or services provided by Optimize My PC. By accepting to have services performed by or purchasing products from Optimize My PC you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for a product(s) or service(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Optimize My PC. These terms and conditions are subject to change without prior written notice at any time, in Optimize My PC's sole discretion.

  1. Definitions.
    1. “We”, “us” and/or “our” means Optimize My PC.
    2. “You” or “your” means the individual or entity named on the invoice.
  2. Payment Terms, Orders, and Interest. Advertised prices are in U.S. dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Terms of payment are within Optimize My PC's sole discretion, and unless otherwise agreed to in writing by Optimize My PC, payment must be received by Optimize My PC before Optimize My PC's performance of a service or provision of any product. Invoice amounts are due and payable within the period noted on the invoice, measured from the date of the invoice. Optimize My PC may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law. Optimize My PC is not responsible for pricing, typographical or other errors in any offer by Optimize My PC and we reserve the unilateral right to cancel any orders resulting from such errors.
  3. Refund Policy. If for any reason you are unsatisfied with the service provided, Optimize My PC will offer a full refund upon written request, if made within 30 days of the date of service. If requested, the method of refund may differ from your initial method of payment, at Optimize My PC's discretion. This refund policy applies to services only.
  4. Disclaimer of Warranties. THERE ARE NO WARRANTIES FOR SERVICES, THIRD PARTY PRODUCTS, OR SOFTWARE INSTALLED BY Optimize MY PC AS PART OF A SERVICE, WHICH PRODUCTS AND SERVICES ARE PROVIDED “AS IS”. WARRANTY AND SERVICE FOR THIRD PARTY PRODUCTS, IF ANY, ARE PROVIDED BY THE ORIGINAL MANUFACTURER, AND NOT BY Optimize My PC. Optimize My PC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, FOR USE OF ANY PROVIDED SOFTWARE.
  5. LIMITATION OF LIABILITY. Optimize My PC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. Optimize My PC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES OR THE USE OF PRODUCTS OR SOFTWARE PROVIDED, Optimize My PC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
  6. Software. All software is provided subject to the license agreement under which it is distributed. You agree to be bound by the license agreement pertinent to each software product you use. Optimize My PC does not warrant any software under this Agreement.
  7. Products. Although mostly a service provider, Optimize My PC may at times offer for sale new, reconditioned, and/or used products. Optimize My PC makes no guarantee of availability of any products; a product offered at one time may no longer be offered in the future. Optimize My PC provides no warranties with any product sold. Applicable warranties, if any, will be provided by the original manufacturer, and their compliance and fulfillment will b ethe responsibility of the customer.
  8. Binding Arbitration. You and Optimize My PC agree that any claim, dispute or controversy, whether in contract, tort or otherwise, and whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims (“Dispute”) against Optimize My PC, its shareholders, directors, employees, agents, successors, assigns or affiliates arising from, in connection with or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Optimize My PC's advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (available via the Internet at http://www.arb-forum.com, or via telephone at 800.474.2371) under its Code of Procedure then in effect. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 United States Code, sections 1-16. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.
  9. Governing Law. This Agreement and any sales hereunder shall be governed by the laws of the state of Utah, without regard to conflicts of laws principles, and excluding the United Nations Convention on the International Sale of Goods.
  10. Miscellaneous Provisions. You will not register or use any Internet domain name that contains an Optimize My PC trademark or trade name (i.e., Optimize My PC) in whole or in part or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.

 

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