Permitted Use of This Site
Non-Permitted Use of This Site
By accessing the Site, you agree that you will not:
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so.
- Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Site in any way.
- Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Optimizely servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.
- Use the Site in any manner that damages, disables, overburdens, or impairs any Optimizely website or interferes with any other party's use and enjoyment of the Site.
- Mirror or frame the Site or any part of it on any other website or web page.
- Attempt to gain unauthorized access to the Site.
- Access the Site by any means other than through the interface that is provided by Optimizely for use in accessing the Site.
- Post, upload, submit, input, or provide in any manner materials, data, content, code or information of any kind that violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
- Post, upload, submit, input, or provide in any manner materials, data, content, code or information of any kind that contains any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any other applicable law or regulation.
Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.
Copyrights and Trademarks
The Site is based upon and uses proprietary Optimizely technology, intellectual property, and Content. The Site is protected by applicable intellectual property laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site and Content, belongs to and is the property of Optimizely unless otherwise explicitly noted. Except as specifically permitted on the Site explicitly giving such permission, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Optimizely, the Optimizely logos, product/service names and other marks used by Optimizely from time to time are trademarks and the property of Optimizely. The appearance, layout, color scheme, and design of the Optimizely.com site are protected trade dress. You do not receive any right or license to use the foregoing. Optimizely may use and incorporate into the Site, Content or Optimizely software and/or services any suggestions or other feedback you provide, without payment or condition.
Links to Third-Party Sites
Handling Personal Information
The Personal Data Act (1998:204 Swedish law) came into force 1 October 1998 and was fully applied 1 October 2001 (“Act”). The Act prevents the violation of personal integrity by processing personal data. Optimizely, company number 556208-3435, Regeringsgatan 67, 103 86 Stockholm, Sweden is responsible for the information provided to Optimizely and its subsidiaries.
How Personal Information May be Collected
Some of the online services or functions of the Site require registration. Some examples of when Personal Information is collected are when you sign up for a course, request contact from a sales representative and request pricing of Optimizely solutions. The information collected may be any information that could personally identify you and includes but is not limited to your name, email, company name, role, country, state, and contact information (“Personal Information”). If you want to just browse the Site, then registration is optional.
A cookie is a small text file that visited websites save on your computer. Cookies are used to provide visitors access to various functions. The information in the cookie may be used to track your internet usage. Under the Electronic Communications Act, all visitors to a website with cookies must have access to information stating that the website contains cookies and the purpose for which cookies are used see Cookies Policy.
Name of Cookies, Domains and Purposes
This information can be provided upon request.
Optimizely Personalized Find, Optimizely Perform, Optimizely Insight, and Optimizely Advance
On this Site, the personalization and behavioral analytics tool Optimizely Personalized Find, Optimizely Perform, Optimizely Insight, and Optimizely Advance are used to give you the best personalized and contextualized experience with the Site.
The Site uses Digital Experience Platform (Content Cloud, Commerce Cloud and Intelligence Cloud) to demonstrate these products in use, host content and provide visitors additional features. This includes changing content based on user behaviour. Collected information never leaves Optimizely or its products unless otherwise specified and explicitly opted into by the visitor.
On this Site, the web analytics tool Google Analytics is used to get an overall picture of how visitors use the Site.
Google may transfer the collected information to a third party if it is required by law or in case a third party processes the information on Google’s account.
Use of Personal Information
Cookies are used in the following situations on this Site
When you log on, cookies are used to store your logon information. If cookies are denied at logon, the logon dialog will be displayed for each page requiring logon.
If you answer/send in a form, a cookie will be sent to remember that you have sent a form.
Information about what server your PC is connected to, what type of browser, how often you have been visiting our website, what pages you have visited is stored. The information is used for analyzing statistics regarding the use of the Site.
Optimizely may release Personal Information concerning your use of the Site when it believes in good faith that such release is appropriate to comply with the law (for example, pursuant to a statutory demand, subpoena, warrant or court order). In any event, Optimizely will only hold such Personal Information for so long as it serves the purposes for which it was collected and in order to comply with applicable laws.
Choices for Individuals
If you disagree with how your Personal Information is collected and used by Optimizely.com, then you may opt not to visit the Site. If you would prefer to opt-out of marketing communications, please contact [email protected]. To find out more about your choices and means as it relates to your Personal Information as collected by this Site, please contact [email protected].
To avoid cookies, you may as a visitor:
- Choose not to accept cookies in your browser settings (see Cookie Settings).
- Avoid logging onto the Site.
- Avoid filling out forms.
- End your visit at the Site.
- Use analytics blocking tools on your browser for the Site.
Disclaimers; Limitations of Liability
OPTIMIZELY AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OPTIMIZELY AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OPTIMIZELY IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPTIMIZELY AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF OPTIMIZELY , OPTIMIZELY AFFILIATES, OR ANY OF OPTIMIZELY 'S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, OPTIMIZELY IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF OPTIMIZELY AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
Accuracy and Validity
Optimizely cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
Entire Agreement/No Waiver
Correction of Errors and Inaccuracies
The Site and/or Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Optimizely therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Site and/or Content at any time without prior notice. However, Optimizely does not, guarantee that any errors, inaccuracies or omissions will be corrected.
Enforcement/ Choice of Law/ Choice of Forum
119 Fifth Avenue, 7th Floor
New York, NY 10003, USA
Attn: Legal department
Appendix 1 - Digital Millennium Copyright Act (DMCA) Compliance
Claims of Copyright Infringement to Optimizely: Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or Content should follow the following instructions – DMCA Notices
Optimizely respects the intellectual property rights of others, and we ask our customers, partners and users to do the same. Optimizely may, in its sole discretion, suspend the access or terminate the software, services, and/or accounts of entities or users who violate others' intellectual property rights.
If you suspect or believe that your work has been copied in a way that constitutes infringement on Optimizely's website, please provide the following information to Optimizely’s Legal Department.
Contact Optimizely’s Legal Department
Optimizely’s Legal Department for notice of claims of copyright infringement on or relating to this website ("Notifications") can be reached either by sending an e-mail to [email protected] or by sending a letter via mail to:
542 Amherst Street (Route 101A)
Nashua, NH 03063, USA
Attn: Legal department.
Submission of Notification
To be effective, the Notification must include the following:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complaining Party");
b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Optimizely to locate the material;
d) Information reasonably sufficient to permit Optimizely to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
e) A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Receipt of Notification
Upon receipt of the written Notification containing the information as outlined in a) through f):
g) Optimizely will remove or disable access to the material that is alleged to be infringing;
h) Optimizely will forward the written notification to such alleged infringer (the "Alleged Infringer"); and
i) Optimizely will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
An Alleged Infringer may submit a Counter Notification to contest the claim of alleged infringement. To be effective, a Counter Notification must be a written communication provided to Optimizely’s Legal Department that includes substantially the following:
j) A physical or electronic signature of the Alleged Infringer;
k) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
l) A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
m) The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer's address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which Optimizely may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.
Receipt of Counter Notification
Upon receipt of a Counter Notification containing the information as outlined in j) through m) above:
n) Optimizely will promptly provide the Complaining Party with a copy of the Counter Notification;
o) Optimizely will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days; and
p) Optimizely will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Optimizely’s Legal Department has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on Optimizely's network or system.