PRIVACY POLICY

OptimaFunnels (“Company,” “we,” or “us”) respects Your privacy and is committed to protecting it through this Privacy Policy.

This Privacy Policy governs Your access to and use of www.optimafunnels.com, including any content, functionality and services offered on or through www.optimafunnels.com (the "Website"), whether as a guest or a registered user.

When accessing the Website, the Company will learn certain information about You, both automatically and through voluntary actions You may take, during Your visit. This policy applies to information we collect on the Website and in email, text, or other electronic messages between You and the Website.

Please read the Privacy Policy carefully before You start to use the Website.

By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to You, You accept and agree to be bound and abide by the Privacy Policy. If You do not want to agree to the Privacy Policy, You must not access or use the Website.

Children Under The Age Of 13

Our Website is not intended for children under 13 years of age. No one under the age of 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If You are under 13, do not use or provide any information on this Website or on or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about Yourself to us, including Your name, address, telephone number, email address, or any screen name or user name You may use.

If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If You believe we might have any information from or about a child under 13, please contact us at [email protected].

Types of Information We Collect About You

When You access the Website, the Company will learn certain information about You during Your visit.

Information You Provide To Us. The Website provides various places for users to provide information. We collect information that users provide by filling out forms on the Website, communicating with us via contact forms, responding to surveys, running queries on our search feature, providing comments or other feedback, and providing information when ordering a product or service via the Website.

We use the information You provide to communicate with You, deliver the requested product and/or service, improve our overall site performance, and provide You with offers, promotions, and information.

Information We Collect Through Automatic Data Collection Technology. As You navigate our Website, we use automatic data collection technologies such as cookies, pixels, server logs, and analytics software to collect certain information about Your equipment, browsing actions, and patterns. This will generally include information about Your location, traffic patterns through our website, and any communications between Your computer and our Website. Among other things, we will collect data about the type of computer You use, Your Internet connection, Your IP address, Your operating system, and Your browser type.

The information we collect automatically is used for statistical data and to improve our Website and service offerings. To the extent that You voluntarily provide personal information to us, our systems will associate the automatically collected information with Your personal information.

Use of Cookies And Pixels

Like other commercial websites, our website utilizes a standard technology called “cookies” and server logs to collect information about our site's use. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, the websites visited just before and after our own, and Your IP address.

A cookie is a very small text document, often including an anonymous unique identifier. When You visit a website, that site’s computer asks Your computer for permission to store this file in a part of Your hard drive specifically designated for cookies. Each website can send its own cookie to Your browser if Your browser’s preferences allow it, but (to protect Your privacy) Your browser only permits a website to access the cookies it has already sent to You, not the cookies sent to You by other sites.

The Company reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites to tailor advertising messages users see while visiting that social media website. The Company reserves the right to use these pixels in compliance with the policies of the various social media sites.​

Third-Party Use Of Cookies

Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. When You use our website, these third parties may use cookies alone or with web beacons or other tracking technologies to collect information about You. The information they collect may be associated with Your personal information, or they may collect information, including personal information, about Your online activities over time and across different websites and other online services. They may use this information to provide You with interest-based (behavioral) advertising or other targeted content.

We do not control these third-party tracking technologies or how they may be used. You should contact the responsible provider directly if You have any questions about an advertisement or other targeted content.

Email Information & Policies

If You choose to correspond with us through email, we may retain the content of Your email messages, Your email address, and our responses. We provide the same protections for these electronic communications we employ to maintain information received online, by mail, and by telephone. This also applies when You register for our website, sign up through any of our forms using Your email address or make a purchase on this site.

We are committed to keeping Your email address confidential. We do not sell, rent, or lease our subscription lists to third parties and will not disclose Your email address to any third parties except as allowed in the Disclosure of Your Information section.

We will maintain the information You send via email in accordance with applicable federal law.

In compliance with the CAN-SPAM Act, all emails sent from our organization will clearly state who the email is from and provide clear information on contacting the sender. In addition, all email messages will also contain concise information on removing Yourself from our mailing list so that You receive no further email communication from us.

Our emails allow users to opt out of receiving communications from our partners and us by following the unsubscribe instructions at the bottom of any email they receive from us at any time.

Users who no longer wish to receive our newsletter or promotional materials may opt out of receiving these communications by clicking on the unsubscribe link in the email.

Why We Collect Information

The Company collects Your information to record and support Your participation in Your selected activities. We collect Your information if You register to download a book or resource, sign up for our newsletter, and/or purchase a product from us. We use this information to track Your preferences and to keep You informed about the products and services You have selected to receive and any related products and/or services. As a visitor to this Website, You can engage in most activities without providing any personal information.

If You opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by the Company on this Website, we will automatically enroll ​you to receive our free email newsletter. You can unsubscribe anytime if You do not wish to receive this newsletter. We include an “unsubscribe” link at the bottom of every email. If You ever have trouble unsubscribing, You can email [email protected] requesting to unsubscribe from future emails.

How We Use the Information That You Provide to Us

We use personal information for purposes of presenting our Website and its contents to You, providing You with information, providing You with offers for products and services, providing You with information about Your subscriptions and products, carrying out any contract between You and the Company, administering our business activities, providing customer service, and making available other items and services to our customers and prospective customers.

From time to time, we may use the information You provide to make You offers to purchase products and services provided by third parties in exchange for a commission to be paid to us by such third parties. If You opt to participate in such promotions, the third parties will receive Your information.

From time to time, we may use the information You provide to us to display advertisements to You that are tailored to Your personal characteristics, interests, and activities.

Disclosure of Your Information

As a general rule, we do not sell, rent, lease, or otherwise transfer any information collected from You.

We may disclose Your personal information to our subsidiaries, affiliates, and service providers to provide our services to You.

We may disclose Your personal information to a third party, including a lawyer, our payment processor, or collection agency, to enforce our terms of service or any other agreement between You and the Company.

We may provide Your information to any successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets and/or business.

We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights or when compelled by a court or other governmental entity to do so.

How We Protect Your Information and Secure Information Transmissions

We employ commercially reasonable methods to ensure the security of the information You provide and the information we collect automatically. This includes using standard security protocols and working only with reputable third-party vendors.

Email is not recognized as a secure medium of communication. For this reason, we request that You do not send private information to us by email. However, doing so is allowed, but at Your own risk. Some of the information You enter on our website may be transmitted securely via a secure medium known as Secure Sockets Layer or SSL. Credit Card and other sensitive information is never transmitted via email.

The Company may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.

For site security purposes and to ensure that this service remains available to all users, the Company uses software programs to monitor network traffic and identify unauthorized attempts to upload or change information or otherwise cause damage.

Policy Changes

Our policy is to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify You by email to the email address specified in Your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the bottom of the page. You are responsible for ensuring we have an up-to-date active, and deliverable email address for You and for periodically visiting our Website and this privacy policy to check for any changes.

Visitors’ Rights

As a user of this site, You are entitled to certain information and may make certain requests of the Company. Those rights include:

We will retain any information You choose to provide to us until the earlier of (a) Your asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the costs of retaining it outweigh the value in retaining the data.

You have the right to request access to the data the Company stores about You.

You have the right to rectify any mistakes in the personal data the Company stores about You.

You have the right to request the erasure of Your personal data.

You have the right to seek restrictions on the processing of Your data.

You have the right to object to the processing of Your data and the right to the portability of Your data.

To the extent You provided consent to the Company’s processing of Your personal data, You have the right to withdraw that consent at any time without affecting the lawfulness of processing based upon consent that occurred before Your withdrawal of consent.

You have the right to complain to a supervisory authority with jurisdiction over data processing and protection issues.

We require only the information that is reasonably required to enter into a contract with You. We will not require You to consent to any unnecessary processing as a condition of entering into a contract with us.

“Do Not Track” Requests

Certain internet browsers allow users to send “Do Not Track” requests to sites they visit. Unfortunately, there is no industry or legal standard (or easy technological solution) to handle these responses. Thus, we don’t currently honor Do Not Track signals.

Contact Us

The Company welcomes Your questions or comments:

OptimaFunnels

6800 SW 40th Street #333

Miami, FL 33155

Email Address: [email protected]

Last edited and effective as of November 30, 2023.

TERMS AND REFUND POLICY

Platform

The Company agrees to provide You with access to the Membership Software Platform titled, "OptimaFunnels" ("Platform"). As a condition of participating in the Platform, You agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Effective Date

This Agreement shall commence and be enforceable with respect to each Customer upon the date that Customer initially registers for the Platform.

Terms of Use and Privacy Policy

The Company’s Terms of Use and Privacy Policy are hereby incorporated by reference into this Agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to You. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Fees

In consideration of Your access to the Platform, You you may choose between one of the following payment options.

Monthly Membership - If you choose this option, you shall make monthly payments of $97, with the first payment due immediately. You will be automatically charged $97 every month thereafter until You cancel Your subscription according to the Platform’s Cancellation Policy set forth below.

Annual Membership - If you choose this option, you shall make annual payments of $970, with the first payment due immediately. You will be automatically charged $970 every year thereafter until You cancel Your subscription according to the Platform’s Cancellation Policy set forth below.

Automations + Workflows - if you choose to purchase any automations, workflows or other products that will allow you to maximize OptimaFunnels and your funnels. You will either be automatically charged the card on file and will be notified of same or you will be prompted to enter your payment details.

Renewal Payment Authorization

You hereby authorize the Company to charge Your credit card or debit card automatically according to the terms set forth in the Fees section above.

Cancellation Policy

The Platform is offered on an ongoing basis with an auto-renewing subscription. You may cancel subscriptions at any time by following the instructions inside the membership portal or emailing [email protected]. You will retain access to the elements of the Platform, which are set forth below, until the end of the existing subscription period. Upon the completion of the existing subscription period, You will lose access to all aspects of the Platform unless otherwise noted below. You shall not be charged after a cancellation.

No Refunds

All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that You shall not be entitled to a refund for any purchase under any circumstances.

To the extent You are in a jurisdiction that has a legal cooling-off period, You recognize that accessing the material in the Platform will forfeit any rights You might have under that cooling-off period.

Platform Details

As part of the Platform, the Company shall provide the following to the Customer:

Access To Platform – The Company shall maintain a working platform. You shall have access to this Platform as long as You remain a member in good standing in the Platform.

Ownership Of All Intellectual Property

All content included as part of the Platform, such as text, graphics, logos, images, as well as the compilation thereof, and any software or training used in the Platform, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Platform are the trademarks of their respective owners.

Your participation in the Platform does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Platform, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Platform content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Platform.

The Company content is not for resale. Your participation in the Platform does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if You violate the Company’s intellectual property rights, Your access to the Platform will be terminated immediately, and You shall not be entitled to a refund of any portion of the fees.

Confidentiality

The Company respects the privacy of its customers and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Platform, You hereby agree to respect the privacy of other Platform participants and to respect the Company’s confidential information.

Specifically, You shall not share any information provided by other Platform participants outside of the bounds of the Platform unless You receive express written permission from such other participants to share the information. Similarly, the content of the Platform contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Platform with anyone other than the Company, its owners and employees, and other Platform participants.

Personal Responsibility

By participating in the Platform, You accept personal responsibility for the results of Your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Platform or not. The Company provides educational and informational resources that are intended to help participants in the Platform succeed. You nevertheless recognize that Your ultimate success or failure will be the result of Your own efforts, Your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Platform do not guarantee that You or any other person or entity will be able to obtain similar results.

You agree to take full responsibility for any harm or damage You suffer as a result of the use, or non-use, of the information available in the Platform. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Platform.

No Warranties

The Company makes no warranties regarding the performance or operation of the Platform, including any technological aspects of the Platform. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, Platforms, products, books, or services included in or through the Platform. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

You agree to absolve and do hereby absolve the Company of any and all liability or loss that You or any person or entity associated with You may suffer or incur as a result of use of the Platform and/or any information and resources contained in the Platform. You agree that the Company shall not be liable to You for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Platform.

The information, software, products, and service included or available through the Platform may include inaccuracies or typographical errors. Changes are periodically added to the information in the Platform. The Company and/or its suppliers may make improvements and/or changes in the Platform at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Platform for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Platform, with the delay or inability to use the Platform or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If You are dissatisfied with the Platform or any portion of it, Your sole and exclusive remedy is to discontinue using the Platform.

Choice of Law & Choice of Forum

The Parties agree that this Agreement shall be construed under the laws of Florida regardless of any choice of law rules.

Each Party irrevocably and unconditionally agrees that any dispute arising under or related to this Agreement shall be resolved exclusively through individual, non-class arbitration to be held in Miami-Dade County, Florida under the rules of the American Arbitration Association. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such arbitration and agrees to bring any such dispute only in such forum. Each Party agrees that a final judgment by such arbitration is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

Fee Shifting

The Parties agree that the prevailing Party in any action relating to or arising out of this Agreement will be awarded its reasonable attorneys’ fees and costs incurred as a result of such a proceeding.

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate Your access to the Platform and the related services or any portion thereof at any time, if You become disruptive to the Company or other Platform participants, if You fail to follow the Platform guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify OptimaFunnels immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. OptimaFunnels reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in OptimaFunnel’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials.

Miscellaneous Clauses

The Parties further agree:

Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party.

Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither Party shall have authority to contract for or bind the other party in any manner whatsoever.

No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

Indemnification. Each Party (the “Indemnifying Party”) agrees to indemnify, defend, and hold harmless the other Party, its officers, directors, employees, and agents for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising from the Indemnifying Party’s (i) breach or non-fulfillment of any representation, warranty, or covenant in this Agreement, (ii) breach of this Agreement, or (iii) grossly negligent behavior in connection with this Agreement.

Force Majeure. Neither Party shall be liable or responsible to the other, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of that Party including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic and pandemic, lock-outs, strikes or other labor disputes (whether or not relating to either Party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. If the event in question continues for a continuous period in excess of 15 days, either Party shall be entitled to give notice in writing to the other to terminate this Agreement.