Last Updated: April 22, 2023
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the OptiRate website (the "Service") operated by OptiRate ("us", "we", or "our"), a company registered in Montreal, Quebec.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
OptiRate provides website development, Google My Business, and review management services. We reserve the right to refuse service to anyone at any time for any reason. All services are provided "as is" without warranty of any kind, either expressed or implied.
All fees for our services must be paid upfront or as agreed upon in writing. Unless otherwise specified, all fees are non-refundable. Late payments may result in suspension or termination of the Service. In the event of a chargeback or disputed payment, you will be responsible for any fees incurred by us.
All content, graphics, source code, and other materials created or provided by us as part of our services are the intellectual property of OptiRate or our licensors. You agree not to copy, reproduce, modify, or distribute any materials without our prior written consent.
You are responsible for providing accurate and complete information regarding your business and project requirements. You must also provide any necessary materials or assets needed for the completion of the project within a reasonable timeframe. Failure to do so may result in delays or additional fees.
In no event shall OptiRate, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
You agree to defend, indemnify, and hold harmless OptiRate and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
These Terms shall be governed and construed in accordance with the laws of Montreal, Quebec, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.