Terms of Service
Conditions:
The following describes the Terms of Service and Conditions of Use for www.OasisOptimization.com, hereinafter “website”.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE WEBSITE AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE WEBSITE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE WEBSITE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
By using the website, you agree to obey these Terms of Service and Conditions of Use. Please read them carefully.
This section includes the use of the website (and other “internal” websites stemming from it, such as specific membership areas, sites or webpages pertinent to the main website or blog). This is an online information, product and service provider. Therefore, it is subject to your compliance with the terms and conditions set forth below (all parts and parties collectively referred to as the website).
Any other policies, notices, or other legal/administrative pages contained on the website are necessarily incorporated into these Terms of Service and Conditions of Use. This may include, without limitation, a DMCA Policy, Privacy Policy, Disclaimer, Copyright Notice, Anti-Spam Policy, and FTC Compliance Policy as if fully set forth herein.
You agree to obey all applicable laws and regulations regarding your use of the website and the content and materials provided in it.
The website is an independent, stand-alone entity that has no relationship, connection, or affiliation whatsoever with any company, person, outfit, organization, or group mentioned herein, even if such name appears in the website name, domain, URL, or otherwise. You should assume no other party, by mere mention of their name, has endorsed anything you see here. The aim is simply to provide useful resources for our readers, some of which we may be compensated for. You should simply assume at all times we are being compensated and, while that may not prompt us to make unsound recommendations, you should always be responsible for your own financial decisions, be it becoming a member, purchasing a product, implementing information, or otherwise.
- Copyright & Licenses.
The entirety of the content on the website is protected by intellectual property law, including international intellectual property, copyright and trademark laws. The owner of the copyrights and/or trademarks is the website, and/or other third party licensors or related entities.
You do not own rights to any article, book, ebook, document in any form, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from the website.
The following describes the Posting of Data on the website.
The posting of unsolicited data on the website, such as a blog comment, meme, gif or any other datum, does not change the website’s intellectual protection and does not give you any right to any use of the data therein. If you post unsolicited content, you surrender any rights to your unsolicited content once it becomes part of the website.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. The use of paid content on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of the terms or conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.
You are granted a nonexclusive, nontransferable, revocable license to use the website only for private, personal, noncommercial reasons. You may print and download portions of the material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download. Also, note that any notice on any portion of the website that forbids printing & downloading trumps all prior statements and controls.
As a user, you agree to use the products and services offered by the website in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.
The following describes prohibitions on the website.
The website prohibits conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any activity that restricts or inhibits any other user from using the services of the website is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on the website.
You agree to grant to the website a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the website (such as bulletin boards, forums, blog, and newsgroups) or by e-mail to the website by all means and in any media now known or hereafter developed. You also grant to the website the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against the website for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the website.
Trademarks
Publications, products, content or services referenced herein or on the website are the exclusive trademarks or service marks of Oasis Optimization. Other product and company names mentioned in the website may be the trademarks of their respective owners.
Links to the Website
You may provide links to the website, provided you do not change, remove, or obscure the copyright notice or other notices on the website. Your website or other source of links must not engage in illegal or pornographic activities. Finally, you may link to the website provided you understand that you must immediately remove the link upon request by the website.
- Use of the website.
You agree, acknowledge, and accept that we are not trained professionals and do not purport to render professional advice in any arena.
Data contained on or made available through the website is not intended to be, and does not constitute, financial/investment advice. The website, and your use of it, does not create an advisor-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to the website.
The website or materials linked to the website are to be used completely at your own risk. You should not act or depend on any data on the website, where applicable, without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction.
Sub-Section a) We may make changes to the features, functionality or content of the website at any time. We reserve the right in our sole discretion to edit or delete any data appearing on the website.
Sub-Section b) Third-party tools & recommendations:
During your use of the Oasis Optimization website and the products and services offered therein, you will come across third-party tool recommendations.
These recommendations are generally for tools, products, software and/or services which are used by the owners of Oasis Optimization in their day-to-day businesses.
These recommendations do not establish a warranty or guarantee (whether implicit or explicit) with regard to these third party tools, products, software and/or services, their usability and/or functionality.
The use of third-party tools, products, software and/or services is on an “at your own risk” basis.
The responsibility for maintenance and support of these third party tools falls upon the owners, developers and/or producers of the third-party tools, products and/or services.
Oasis Optimization, LLC,, does not assume any risk, liability or responsibility for your use, lack of use and/or inability to use any or all third-party tools, products, software and/or services.
Your Duty To Other Users
Your use of the website is for your own personal, non-commercial benefit. In no way are you to leverage the website in a way that mines for the personal information of other, whether in blog comments or otherwise, for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email).
If you inadvertently obtain personal information about other users, you shall not share this with anyone else.
Restricted access
Access to certain areas of the website is restricted. We reserve the right to restrict access to other areas of the website, or indeed the whole website, at our discretion.
If we provide you with a user ID (username) and password to enable you to access restricted areas of the website or other product, membership, content or services, you must ensure that that user ID and password are kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our The following describes the Privacy Policy for the website. The website or any other contractual obligation you owe to us.
Third-Party Products/Services
You understand that, except for information, products or services clearly identified as being supplied by the website, the website does not operate, control or endorse any information, products or services on the web in any way. Except for information identified by Oasis Optimization, all information, products and services offered through the website or on the web generally is offered by third parties that are not affiliated with our website, and we may be compensated.
Viruses, etc.
You also understand that the following describes the malicious software policy for the website. The website cannot and does not guarantee or warrant that files available for downloading through the website will be free of infection or viruses, worms, Trojan horses or other code that manifests itself by contaminating or having destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data.
Assumption of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE INTERNET. THE WEBSITE PROVIDES CONTENT AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND THE WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. THE WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. THE WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.
Limitation of Liability
The content may contain inaccuracies or typographical errors. The website makes no representations about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using the website or the content on it. Use of the website and the content is at your own risk. Changes are periodically made to the website, and may be made at any time.
THE WEBSITE DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL SOFTWARE OR CONDITIONS. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS.
Express Disclaimer of Consequential Damages
IN NO EVENT WILL THE WEBSITE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF THE WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH THE WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO THE WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.
Links to Other Websites.
The website contains links to third party Websites. The following describes the LINKING POLICY for the website. The website makes no representations whatsoever about any other website which you may access through a link therein or which may link to this website. When you access another site by using a link on the website, please understand that it is independent from the website, and that the website has no control over the content of the website you will be visiting. These links are provided solely as a convenience to you and not as an endorsement by the website of the contents on such third-party sites. If you decide to access linked third-party Websites, you do so at your own risk. We do not necessarily endorse, recommend, suggest or otherwise make any overture or prompt for action regarding any product or service offered. You should assume we are compensated for any purchases you make.
Again, any income claims should be construed as atypical results and you assume the risk that inferior results obtain, including losses, for which we carry no responsibility or liability.
User Submissions
The following describes the User Submission Policy for the website. You are responsible for your own communications and are responsible for the consequences of posting it.
You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of the website or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
The website does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the website or endorse any opinions expressed by users of the website. You acknowledge that any reliance on material posted by other users of the website will be at your own risk.
The website does not necessarily screen communications in advance and is not responsible for screening or monitoring material posted by users thereof. If observed by the website and/or notified by a user of communications which allegedly do not conform to this agreement, the website may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The website has no liability or responsibility to users for performance or nonperformance of such activities. The website reserves the right to expel users of the website and prevent their further access to the website for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.
Social Media Warning (Divulging Personal & Private Information)
Social media has provided a platform for internet users to disclose much personal information about themselves, in a way that seems innocuous, if not proper and expected. However, more than a few folks have already lived to regret personal information that was shared either by them or others. This has long been true of simple email. It is exponentially true of social websites and applications for social media on any other website, including this one. You are cautioned against carelessly disclosing information.
- Indemnification.
You agree to indemnify, defend and hold the website, its members, officers, directors, employees, agents, licensors, suppliers and any third party information providers to the website harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any use of the website or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the website using your account.
- Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of the website and its owners, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
- Termination.
We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.
This Agreement, in whole or in part, may be terminated by the website, without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), and 6 (Miscellaneous) shall survive any termination of this Agreement, in whole or in part.
- Miscellaneous.
Refund Policy
Limitations to Oasis Optimization’s 30-day guarantee:
You have thirty calendar days from the date of purchase to request a refund for any purchase of Oasis Optimization’s products and services UNLESS otherwise stated on the specific service and/or products’ sales page.
Recurring subscriptions – You have a 48-hour grace period to request a subscription refund. If you do not stop payment on subscription items, your credit care on file will be billed the corresponding amount for the calendar period.
Third-party Products and/or Services – If you purchased a third-party product and/or service through Oasis Optimization, said third-party vendor’s refund policy will apply.
Governing Law
This Agreement shall treated as though executed, set in force, and performed in the State of Virginia. Accordingly, it shall be governed and construed in accordance with the laws of Virginia in terms of those applicable to agreements, without regard to conflict of law principles.
Disputes
Any cause of action by you with respect to the website. website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use or the website, excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per the American Arbitration Association commercial arbitration rules. The arbitration shall be conducted in Virginia. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Modification – Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.
Assignability – Our website may assign its rights and duties under this Agreement to any party at any time without notice to you.
Contra Preferentum – The language in these Terms of Service and Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party (i.e. – “contra preferentum”) shall not apply in interpreting these Terms of Service and Conditions of Use, as the Agreement shall be construed as having been co-authored by the parties.
Severability – Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.
This Agreement Prevails – To the extent that anything in or associated with our website is in conflict or inconsistent with these Terms of Service and Conditions of Use, these Terms of Service and Conditions of Use shall take precedence.
Waiver – Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision.
Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement.
Any rights not expressly granted herein are reserved by the website.
CHANGE NOTICE:
As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by the website, in order to protect you.
QUESTIONS/COMMENTS/CONCERNS:
If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by using our Contact information.