Terms Of Use

Last Updated: 3/25/2024

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These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications, SMS text messaging platform (“SMS Platform”), and other online offerings (collectively, the “Sites”) provided by Optimistiq LLC (“Optimistiq,” “we,” “us,” or “our”). By accessing or using our Site, you agree to these Terms, our Privacy Policy, and any other terms incorporated by reference. If you do not agree to these Terms, do not use our Site.

We may make changes to these Terms from time to time. If we make material changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Site or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.

If you have any questions about these Terms or our Site, please Contact Us.

Privacy
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
Consent to Use of Data and Mobile Communication; SMS Program Terms
You consent to our communicating with you about Optimistiq by SMS, text message, email or other electronic means. Your carrier’s normal messaging, data, and other rates and fees will apply to these communications.

If you subscribe to any text programs that Optimistiq makes available, the following terms apply:

(a) By subscribing to Optimistiq updates or alerts on behalf of an organization, you consent to receive recurring updates or alerts by automatic text message. Text STOP to stop. For Help, text HELP or Contact Us. Message and data rates may apply.

(b) Neither Optimistiq nor the participating carriers guarantee that messages will be delivered. Optimistiq may discontinue the program at any time without notice.

(c) You represent and warrant that you are the primary user of the phone number used to sign up and agree to notify us of any changes.

(d) You acknowledge and agree that you may opt-out of receiving further mobile messages via universally recognized opt-out keywords, including STOP, UNSUBSCRIBE, CANCEL, END, or QUIT.

(e) SMS Platform is not intended for use by persons under 13. Users between 13-18 years old must have parental consent.

By opting in, you agree to receive recurring SMS/MMS messages that may include updates, donation requests, and other information from the organization you authorized. No purchase necessary. Msg & data rates may apply. Reply HELP for help, STOP to cancel. View our Privacy Policy and Terms of Service for more details.

TCPA Compliance
Optimistiq’s SMS Platform is designed to facilitate compliance with the Telephone Consumer Protection Act (TCPA). By using our SMS Platform, you agree to obtain prior express written consent from individuals before sending them marketing messages. You also agree to include clear opt-out/unsubscribe information on your SMS broadcasts.
FEC and FTC Compliance
When you use Optimistiq’s Sites to collect information and donations on behalf of political organizations, you agree to comply with all applicable Federal Election Commission (FEC) and Federal Trade Commission (FTC) regulations, including those regarding the collection and reporting of donor information.
User Content
Our Site may allow you and other users to create, post, store and share content, including messages, text, photos, graphics, videos and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Optimistiq.

You grant Optimistiq a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

Prohibited Conduct
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Site. You will not:

Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation;
Sell, resell or commercially use our Site;
Copy, reproduce, distribute, publicly perform or display all or portions of our Site, except as expressly permitted by us;
Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
Use our Site other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site;
Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
Develop or use any applications that interact with our Site without our prior written consent;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Bypass or ignore instructions contained in our robots.txt file; or
Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

Enforcement
We reserve the right to investigate and prosecute violations of any provisions in these Terms to the fullest extent of the law, and we may recoup our legal fees in doing so. Use of our Services for activities in violation of these Terms might also subject you to criminal or civil liability.
Feedback
We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any feedback, you grant us the right to use it without any restriction or compensation.
Third-Party Content and Sites
Our Site may contain links to third-party websites, services, offers, activities or other content which we do not control. Optimistiq is not responsible for and makes no representations or warranties regarding any third-party sites or content. Your access and use of such sites and content is solely at your own risk.
Indemnification
You will indemnify, defend, and hold harmless Optimistiq and its officers, directors, employees, agents, affiliates, successors and assigns from any claims, disputes, demands, losses, liability, costs and expenses, including reasonable attorney’s fees, arising from or relating to your User Content, your use of the Site or Services, your conduct, your violation of these Terms, or your violation of the rights of any third party.
Disclaimers
Your use of our Site is at your sole risk. Our Site is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In addition, Optimistiq does not represent or warrant that our Site is accurate, complete, reliable, current or error-free.
Limitation of Liability
To the fullest extent permitted by law, Optimistiq, its affiliates, officers, employees, agents, suppliers and licensors will not be liable for any incidental, indirect, special, punitive, cover, or consequential damages under any theory of liability, including but not limited to, damages arising out of your access to or use of, or inability to access or use, the Site or Services.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Dispute Resolution and Arbitration
Please read this carefully. It affects your rights. Most user concerns can be resolved quickly by Contacting Us. In the unlikely event that we cannot resolve a dispute, and for any dispute or claim that cannot be resolved informally, you and Optimistiq agree to resolve any disputes through binding arbitration or small claims court rather than in courts of general jurisdiction to the fullest extent permitted by law.
Termination
We reserve the right to suspend or terminate your access to and use of the Site, at our sole discretion, at any time and without notice to you.
Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Miscellaneous
These Terms constitute the entire agreement between you and Optimistiq relating to your access to and use of our Site and Services, and they supersede all prior or contemporaneous communications between you and Optimistiq. A waiver of any term or condition of these Terms shall not be construed as a further or continuing waiver. The failure of Optimistiq to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that communications and transactions between us may be conducted electronically.

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