Terms & Conditions

Last updated August 20, 2018. Please save for your records.

Background

Defending Digital is a website operated by OptimWise. Users of this website are referred to in this document as “You” and “Your.”

Disclaimer

OptimWise is not responsible for your security or privacy. This website and other Defending Digital publications (emails, social media posts, etc.) are for informational purposes only. OptimWise cannot be held liable for any negative consequences that occur as a result of following the advice on this website.

OptimWise disclaims, and you hereby expressly waive, any and all other warranties, whether express, implied or statutory, with respect to the website, its contents, and/or the results you obtain from them, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose.

Copyrights and Trademarks

The contents of this website are copyrighted. Information may not be re-published without written approval of Defending Digital or OptimWise.

Indemnification

You agree to defend, indemnify, and hold harmless OptimWise, its members, employees, and agents harmless for any and all damages, liabilities, claims, charges, losses, and expenses (including reasonable attorney fees and costs) resulting or arising out of your breach of these Terms and Conditions.

Limitation of Liabilities

OptimWise does not provide legal counsel; you agree to seek necessary legal counsel for any legal issues. Under no circumstances, including negligence, will OptimWise or its subcontractors be liable for any direct, indirect, incidental, special or consequential damages that result or arise from the use of or inability to use the website; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access.

Miscellaneous

If any provision of these Terms and Conditions will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions. Nothing in these Terms and Conditions shall be construed as creating a relationship between You and OptimWise of joint venturers, partners, employer-employee, or agent. Neither party has the authority to create any obligations for the other, or to bind the other to any representation or document. These Terms and Conditions shall be binding on the parties hereto, their successors, personal representative, or assigns.

These Terms and Conditions represent the complete agreement between the parties hereto, and no term, condition, or agreement has been agreed by the parties, except as set forth in herein. It supersedes any other prior or contemporaneous agreements, oral or written, relating to these Terms and Conditions. The parties make no reliance on any verbal representations. These Terms and Conditions may not be amended, modified, or changed except by written agreement signed by the parties. No delay, omission, or failure of OptimWise to act under these Terms and Conditions or to insist upon strict compliance with any term and condition, and no custom or practice of the parties at variance with these Terms and Conditions shall constitute a waiver of OptimWise’s right to demand exact compliance with these Terms and Conditions. No waiver of any right or remedy of OptimWise shall be construed as a bar to or a waiver of any such right or remedy on any future occasion.

The parties acknowledge that they and their counsel have reviewed these Terms and Conditions and the normal rule of construction to the effect that any ambiguities are resolved against the drafting party shall not be employed in the interpretation of these Terms and Conditions or any amendments.

The parties acknowledge that any dispute or interpretation of these Terms and Conditions will be governed by the laws of the State of South Carolina regardless of the effect of a particular state’s conflict of laws. The parties agree that if a dispute arises out of these Terms and Conditions that they consent to jurisdiction and such disputes being litigated in the Greenville County Circuit Court in South Carolina or the Federal District Court in South Carolina.

You may not assign these Terms and Conditions, in whole or in part, without OptimWise’s prior express written consent, which shall not be unreasonably withheld or delayed. Any attempted assignment without such written consent shall be void. Subject to the foregoing, these Terms and Conditions will be binding upon and will inure to the benefit of the parties and their respective successors and assigns.