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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY

This document sets out the terms of use for the Michelle Fernandez LLC, doing business as OptimaFunnels™ " (“OptimaFunnels™”, “Company”, “we”, “us”, “our”) software platform, OptimaFunnels Operator’s Manual, OptimaFunnels Funnel Systems, funnel templates, automations, data tracking tools, community, and related content and services (collectively “OptimaFunnels™ ”). It governs our Founding Member Unlimited Plan members (“Founding Members”), Account Holders’ team members (“Team Member”), Paused Plan members (“Paused Plan Members”), members on any other plan, and any other users of OptimaFunnels™ (collectively, the “Users”). When we refer to “You” or “Users”, we will be clear if we are referring to a particular type of member.

Because this document represents our agreement with you about your use of OptimaFunnels™, please take the time to read this document before agreeing to the terms.

If you do not agree with these Terms or you do not wish to be bound by these Terms, you must not use or access OptimaFunnels™ in any manner.

Our Terms of Use (“Terms” or “Agreement”) also includes our Privacy Policy, and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to OptimaFunnels™.

OptimaFunnels™ can be found at https://app.optimafunnels.com, and also includes, without limitation, all of the subdomains, mobile applications, any other media, location, or application related to OptimaFunnels™. When referring to all of the places OptimaFunnels™ software platform can be found in this Agreement, we will be collectively referring to them as the “Platform”.

01. Introduction

Thank you for choosing OptimaFunnels™! We provide an all-in-one marketing software to grow your digital empire, along with funnel design templates, copy templates for funnels and emails, automated workflows, data tracking tools, and strategic and tactical funnel training (“Content”).  By using any of our tools and services, including all associated features and functionalities, websites, applications, online communities or social media groups, customer support, and user interfaces, as well as all Content and software applications associated with our Platform (“Services”), you are entering into a binding contract with OptimaFunnels.

By using OptimaFunnels™ in any manner, you are expressly agreeing to, and give your consent to be governed by these Terms.

02. Age of Access

You must be at least 18 years old to use OptimaFunnels™. We recognize the special obligation to protect personally identifiable information obtained from children aged 13 and under. IF YOU ARE YOUNGER THAN 18 YEARS OLD, THE COMPANY REQUESTS THAT YOU NOT USE OPTIMA FUNNELS™ OR SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO THE SITE OR TO OPTIMA FUNNELS™.

By using OptimaFunnels™, you are telling us by your actions that you are 18 years old or older (you are representing and warranting that you are 18 years old or older). If you are under the age of 18, you may not use OptimaFunnels™ in any manner nor may you register for an account.

03. Account Registration

a. Account Holders

The owner of any account (“Account Holder”) must complete the account registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You must input an email address owned by only you and choose a password. You agree to keep your username and password confidential and to only register only once using one email address.

You agree you will not (i) register on behalf of another person or company; (ii) register under the name of another person or under a fictional name or alias; (iii) choose credentials that constitute or suggest an impersonation of any other person (real or fictitious) or entity or that you are a representative of an entity when you are not, or that is offensive; or (iv) choose credentials for the purposes of deceiving or misleading the Company as to your true identity.

b. Team Members

Account registration is only available to Account Holders. However, Account Holders may add Team Members to their account and provide them with individual login credentials. Team Members do not have access to our Services and Content beyond the access Account Holders provide them with. If the Account Holder gives access to Services and Content to a Team Member, it’s the Account Holders’ responsibility to request to remove access to the Services and Content immediately.

Account Holders understand that they are wholly and completely responsible for maintaining the confidentiality of their username, password, and account. Furthermore, Account Holders are wholly and completely responsible for any and all activities that occur under their account, which includes but is not limited to Team Member activities that occur under their account.

c. Security

If we have reasonable grounds to suspect that an Account Holder or Team Member has provided false information, shared their username, password, or account with anyone else, or distributed any non-public Content to any other person, we have the right to suspend or terminate an Account Holder’s account and refuse any and all current or future Services to Account Holder, in whole or part, without refund. Any personally identifiable information Account Holder provides as part of the registration process is governed by the terms of the Company’s website Privacy Policy.

You should notify us immediately of any known or suspected unauthorized use of your email and password or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your email, password, or account, either with or without your knowledge. You could be held liable for losses incurred by us or another party due to someone else using your email, password, or account. You may not use anyone else’s account at any time, without the permission of the account holder.

We may notify you of relevant information regarding OptimaFunnels™ in any of the following ways: (a) by emailing you at the contact information you provide in your account registration, (b) by posting a notice in dashboard areas of the Platform, and (c) by posting the notice elsewhere on the Platform in an area suitable to the notice. It is your responsibility to periodically review the Platform for such notices.

04. Pricing Plans & Trials

a. Annual and Monthly Plan Fees; Price Changes

You can find a description of our annual and monthly payment plan options (“Plans”) on our website here. On our website, you’ll find descriptions of the Plans available to you when you register for an account, along with details on when your payment of your selected Plan will be due. We may offer Plans that allow for you to start using OptimaFunnels™ for free, which means that we will not require payment before you access our Services during your trial period, which is discussed in further detail in Paragraph b of this section.

We may also offer special promotional plans or discounts for OptimaFunnels™. We reserve the right to modify, terminate or otherwise amend our offered Plans and promotional or discounted offerings at any time in accordance with these Terms.

We may change the price for the Plans, including recurring membership fees, from time to time and will communicate any price changes to you in advance. Changes in Plan prices will take effect at the start of the next billing period following the date of the price change.

If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of OptimaFunnels™ for access to a Plan (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to OptimaFunnels™ and you agree to comply with any such terms and conditions.

b. Trial Period

From time to time, we may offer Account Holders a trial. We may offer these Trials free of charge upon registering or with a fee upon registering for an account (in either instance, a “Trial”). All Trial offer information, including but not limited to how long the trial period is for and the costs, if any, of the Trial will be provided at the time the Trial is offered.

For all Trials, we require you to provide your payment details prior to beginning the Trial. You understand that we may, in our sole right and authority, determine that you are not eligible for a Trial, and we therefore may withdraw or modify a Trial at any time without prior notice and without liability, to the extent permitted under applicable law.

By providing such payment details, you agree that we may automatically begin charging you for the Trial, if there is a fee associated with the Trial, or for the selected Plan on the first day following the end of the Trial on a recurring monthly or annual basis (depending on the Plan you initially choose). If you do not want to be charged for the Plan on the first day following the end of the Trial, you must cancel the applicable Plan before the end of the Trial.  You can find more information regarding the cancellation of your Plan below in the “Cancellations” section.

You understand and acknowledge that any free trial will expire after the number of days or on the date stated when you registered for an account, and following the expiration of this free trial, your membership will continue.  At that time, you will be automatically charged the monthly or annual price to which you agreed, and that payment amount of that amount will renew automatically each month or year until you cancel.

c. Paused Plans

We may offer the option for You to “pause” your membership while maintaining your Account Holder Content on the Platform, provided your account is in good standing.   You understand that if you participate in any Paused Plan, you will not have access to log into Your account or access your Account Holder Content on the Platform.

Additionally, we may require that You disconnect your payment processor and domain to prevent any third party from accessing or viewing your Account Holder Content on the Platform while you are part of any Paused Plan.

05. User Payments, Cancellations, and Refunds

a. Payments

At the time of registering for an account with us, Account Holders agree to the fees and payment schedule listed on our website. Account Holders will be asked by us to supply certain personal information relevant to your purchase of a Plan, including, without limitation, your name, credit card number, billing address, expiration date, and card security code.

Account Holders understand and acknowledge that your monthly or annual subscription will renew automatically each month or year at the price to which you agreed when you registered for an account and continue until you cancel it.

You represent and warrant that you have the legal right to use any credit or debit card(s) you place on file with us to purchase and access OptimaFunnels™. You give us permission to automatically charge your credit or debit card for all fees and charges due and payable to us, without any additional authorization, for which you will have access to your payment history in your account dashboard.  You also agree that we are authorized to share any payment information and instructions required to complete the payment transactions with our third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services). You acknowledge that any such information will be treated by us in accordance with our Privacy Policy.

If payment is not received when due, the Company reserves the right to deny or terminate your access to OptimaFunnels™ immediately, as well as delete your account and all Member Content associated therewith, as outlined below.

b. Cancellations

Account Holders may cancel their Plan at any time. In the event you cancel your Plan, the cancellation will become effective at the end of the then-current billing cycle.  Upon cancellation, any and all licenses granted to you to use OptimaFunnels™ provided to you under this Agreement shall immediately terminate.

In the event you wish to cancel, please download your contact data from our Platform before cancelling your Plan.

See below for important terms related to removal or migration of your own original content that you may upload to our Platform (“Account Holder Content”).

c. Refunds

Your satisfaction with OptimaFunnels™ is important to us. However, because of the extensive time, effort, preparation, and care that goes into creating and providing OptimaFunnels™, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment and no refunds will be provided to you at any time, and no payments will be pro-rated. By using and/or purchasing OptimaFunnels™, you understand and agree that all sales are final, and no refunds will be provided.

Since we have a clear and explicit refund policy in these Terms that you have agreed to prior to completing the purchase of OptimaFunnels™, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

06. Ownership and License

a. Our Ownership Of Our Content

OptimaFunnels™, including all information, software, technology, funnel systems, data, logos, marks, designs, text, graphics, pictures, audio and video files, intellectual property, other data or copyrightable materials or content, and their selection and arrangement, is and remains the sole property of OptimaFunnels™ unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws. OptimaFunnels™, including our trademarks, may not be modified by you in any way.

YOU OR YOUR TEAM MEMBERS MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL IN OptimaFunnels™, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

b. Out Limited License To You

If you view, download, or access OptimaFunnels™, you will be considered our licensee and for the avoidance of doubt, you are granted a limited, revocable, non-sublicensable, non-exclusive, non-transferable license to access OptimaFunnels™.

You agree to not engage in the use, distribution, sale, copying or disclosure of OptimaFunnels™, or any portion thereof, to friends, family, or any other third party, or for commercial purposes or in any way that earns you or any third-party money, other than as expressly permitted.

This license is only for Your use and may not be assigned or sublicensed to anyone else, including Team Members, without our express written consent. Except as expressly permitted by us in writing, you will not try to reproduce the Platform, Content, or Services (including without limitation by engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license You and Your Team Members will not engage in any activity that would interfere with or damage or harm OptimaFunnels™.

You and Your Team Members may print and download portions of material from the different areas of the Platform, Content, or Services solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.

All rights not expressly granted in these terms or any express written license, are reserved by us.

c. Founding Member Unlimited Plans

Founding Members are granted full, unlimited access to the Platform, Content, and Services, regardless of future pricing plans and tiered structure changes, for the life of OptimaFunnels™ only, so long as your account remains active with all payments received when due.

This means you will have access to OptimaFunnels™, provided your account is in good standing, for as long as OptimaFunnels™ continues to host and provide access to the Platform, Content, or Services you have purchased.

Please note that OptimaFunnels™, in its sole right and discretion, may temporarily suspend or terminate your lifetime access to OptimaFunnels™ at any time, without providing notice or a refund to you, if in OptimaFunnels™ sole discretion you have violated these Terms in any way.

d. Account Holder Content Ownership and Terms

Content that you upload to the Platform is and remains your content (“Account Holder Content”).

You retain all of your ownership rights in your Account Holder Content. OptimaFunnels™ does not claim any intellectual property rights over the materials uploaded to the Platform by virtue of your use of OptimaFunnels™. By uploading your Account Holder Content to the Platform, or requesting our services to do so, you agree that:

  1. We may review your Account Holder Content for any reason, including compliance with our Code of Conduct in this Agreement and prohibited content requirements, but we have no obligation to review anything that you upload.

  2. You are uploading your Account Holder Content to the Platform at your discretion and we do not in any way certify or provide approval or permission prior to you uploading your content.

  3. You agree that by uploading your Account Holder Content to our Platform, you are allowing us, or our affiliates or vendors, to store your content.

  4. You agree that Account Holder Content you upload and submit to the Platform will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein.

  5. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Account Holder Content you submit.

  6. You understand and agree that when you upload your Account Holder Content to our Platform, you authorize us, if need be, to access your account and Account Holder Content to assist with any issue you may encounter with your account. In the event we do so, you agree that we will not have any liability whatsoever for any damage, loss, or destruction to Account Holder Content except if it is due to our willful misconduct or, if required by applicable law, gross negligence.

  7. You agree to provide OptimaFunnels™ with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to access, use, reproduce, distribute, prepare derivative works of, and perform  (e.g., to display or transmit) your Account Holder Content in furtherance of our Services, including without limitation for promoting and redistributing part or all of your content in any media formats and through any media channels, including for advertising or other commercial use (In other words, because you own your content, you have to give us permission to display it, and to use it for internal operational purposes, like storing it on our servers).

  8. You understand and agree that upon termination or cancellation of your account, in order to revoke OptimaFunnels™’s license to Account Holder Content (including access to your social media platform information you provide upon integrating your account with any such platform), you must alter the permissions on any social media platform and you understand that this is solely your responsibility and obligation. You understand that OptimaFunnels™ is under no obligation to provide you with notice for revoking permissions to access your social media account information nor is OptimaFunnels™ to be held liable for not providing you with said notice.

  9. You understand and agree that we may retain, but not display, distribute, or perform, server copies of your Account Holder Content that has been removed or deleted.

We are not responsible for Account Holder Content nor do we endorse any opinion contained in any Account Holder Content. We reserve the right to disable access to OptimaFunnels™ or remove you and any of your Account Holder Content from our Platform if you violate any of these Terms.

e. Limitations on Use and Removal of Account Holder Content from OptimaFunnels™

You are only permitted to use Content, Platform, and Services within the OptimaFunnels™ ecosystem, and the Content, Platform, and Services are provided exclusively for current OptimaFunnels™ Account Holders.

This means that everything inside OptimaFunnels™ is non-transferrable to any other HighLevel ecosystem, or any other outside software, ecosystem, funnel builder, or domain.  You agree and acknowledge you cannot export your Account Holder Content to another HighLevel ecosystem, or any other outside software, ecosystem, funnel builder, or domain, and OptimaFunnels™ is under no obligation to assist you in doing so.

You are strictly prohibited from any use of Content (including without limitation OptimaFunnels™ Operator’s Manual training materials) outside of OptimaFunnels™, or sharing Content in any way without our consent.

In addition, the OptimaFunnels™ Support calls are for current Account Holders only, and may be limited to certain tiers or types of members.

If you decide to cancel your OptimaFunnels™ membership, or if we terminate your membership, you will lose access to any and all data inside the Content, Platform, and Services, including without limitation OptimaFunnels™ designs, OptimaFunnels™ Operator’s Manual , and OptimaFunnels™ Support Calls.  You will be removed from any OptimaFunnels™ Support Group.

Furthermore, upon cancellation, we cannot guarantee that your Account Holder Content will still be available, and we have no obligation to keep Account Holder Content. Therefore, OptimaFunnels™ shall not be held responsible for the loss of any Account Holder Content upon cancellation or termination of a Plan nor shall we be liable to the Account Holder for their inability to access Account Holder Content arising from any cancellation, including any claims of interference or contractual relations.

f. Account Holder and Team Member License to Company; Use in Testimonials and Marketing

From time to time, we provide opportunities for Account Holders and Team Members to submit feedback, testimonials and ideas for improvements related to OptimaFunnels™. By posting or submitting any material such as text, photos, designs, graphics, images or videos, or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old. You acknowledge and agree that the feedback, testimonials or ideas of improvement that we receive from you are not confidential and you authorize us to use it without restriction and without payment to you.

You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author or individual depicted in any text, photos, designs, graphics, images, videos or other contributions created by you or us, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease that use of any such contributions for OptimaFunnels™ at any time for any reason.

07. Code Of Conduct

  1. No Illegal Activity: Do not use OptimaFunnels™ for any illegal activity. You are not allowed to use OptimaFunnels™ to engage in any kind of conduct that violates, any applicable federal, state, local, or international law or regulation (including, without limitation, telecommunications regulations and any laws regarding the export of data or software to and from the U.S. or other countries) or conduct that infringes upon the use or rights of another person or entity.  You are not to register a name, engage in, or upload Account Holder Content that is offensive, abusive, defamatory, pornographic, threatening, or obscene.

  2. You shall not reverse-engineer, decompile, disassemble, modify or creative derivative works of OptimaFunnels™ or any part thereof except to the extent permitted by applicable law.

  3. You are not permitted to sell, rent, sublicense or lease any part of OptimaFunnels™.

  4. You or your Team Members will not copy, share or duplicate any of the pre-built funnel systems on any other platform or any other HighLevel account. 

  5. our Content with anyone who is not properly licensed to access the Content.may not You cannot host your clients’ funnels on your account; it’s one business per account. If you’re an agency, we recommend that you create an account for each client under your affiliate link, then contact OptimaFunnels™ to request that we give your client access to the client account.

  6. You may not remove or alter any copyright, trademark, or other intellectual property notices contained on Account Holder Content or OptimaFunnels™.

  7. No Fraud: Fraud will not be tolerated in any capacity. You may not make any use of OptimaFunnels™ that is not expressly permitted under this agreement or applicable law or which otherwise infringes the intellectual property rights in OptimaFunnels™.

  8. No Bad Code: Do not use OptimaFunnels™ to transmit, distribute, send, etc. viruses, worms, malware, Trojan horses or any other code that may be deemed dangerous, harmful, or destructive in any manner. You will not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. You shall not interfere with anyone else’s use and enjoyment of OptimaFunnels™. Users who violate systems or network security may incur criminal or civil liability.

  9. No Spamming: You may not use OptimaFunnels™ to engage in any activities that will result in sending spam, junk or bulk email, chain letters or any other form of unauthorized solicitation, or any form of lottery or gambling to anyone on OptimaFunnels™.

  10. No Exploitation: You will not use any OptimaFunnels™ community to try to gather personal information on any other Account Holders.

  11. Intellectual Property: You will not upload any copyrighted, trademarked, or proprietary materials on the Platform without the express permission of the owner. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.

  12. Sharing of Content: You will not share our Content with anyone who is not properly licensed to access the Content.

  13. You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, socio-economic status, or other identity, nor will you communicate or display hate speech.

  14. You will not upload, share, post, distribute or otherwise partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies; and

  15. No Use Other Than Intended: You may not use OptimaFunnels™ for any purposes other than intended.

If you violate this Code of Conduct, we reserve the right to remove you and any of your Account Holder Content from the Platform and cancel your membership without refund. Whether conduct violates our Code of Conduct will be determined in our sole discretion.

08. Data Policy; Legal Compliance; Release

You agree to follow and comply with all relevant rules, regulations, orders, and laws, in any applicable jurisdiction, that relate to your activities on or related to OptimaFunnels™, including without limitation those related to telecommunications, privacy, and personal or consumer data.  You represent and warrant that your activities on or related to OptimaFunnels™ do not violate any law or governmental rule, regulation, or order, and you lawfully obtained any information you may use on OptimaFunnels™ or supply to OptimaFunnels™ in order for us to provide OptimaFunnels™.

You agree you will ensure you have all necessary and appropriate consents and notices in place to enable lawful transfer of individual personal data to OptimaFunnels™, and will lawfully collect individual personal data.

You assume all liability relating to OptimaFunnels™ related to or arising out of compliance with all laws, rules and regulations, including without limitation, federal and state election laws, the Florida Consumer Privacy Act, Federal Trade Commission rules, telemarketing laws, CAN-SPAM Act, Telephone Consumer Protection Act, federal and state “anti-spam” or Do Not Call rules or registries, the General Data Protection Regulation ((EU) 2016/679) (“GDPR”), and the retained UK version of the same.

You release, covenant not to sue, and hold OptimaFunnels™, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, vendors or suppliers, successors and assigns (“Releasees”) harmless from any and against all liability incurred by you for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether known or unknown, arising out of or connected with your violation of any third party right, including without limitation any copyright, property, or privacy right; the unauthorized acquisition, access, use, or disclosure of, improper collection or retention of, or failure to protect any non-public personally identifiable information or confidential corporate information; or failure to acquire the necessary consents or provide required notices to enable lawful transfer of third-party personal data to OptimaFunnels™ or its vendors or suppliers, whether or not caused by the active or passive negligence of the Releasees. This is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.

09. Our Rights in Operating OptimaFunnels™

We reserve the following rights over OptimaFunnels™:

  1. We may modify, terminate, or refuse to provide access to OptimaFunnels™ at any time for any reason, without notice.

  2. We may remove anyone from OptimaFunnels™ at any time for any reason, solely in our discretion. This right is not modified by any other section of this Agreement.

  3. We may, but we have no obligation to, monitor any Account Holder Content that appears on the Platform.

  4. If an Account Holder is having difficulties uploading Account Holder Content to our website or needs customer support, the Account Holder grants us permission and authorization to enter into their account to provide customer service.

  5. If you cancel your account, we may keep a copy of your Account Holder Content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.

  6. OptimaFunnels™ has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time.  By accessing OptimaFunnels™ at any time after such modifications are posted, you are agreeing to such modifications.

10. Third Parties

The Platform, Content, or Services may contain links to third-party advertisers, websites, or service (“Third-Party Content”). You acknowledge and agree that Company is not responsible or liable for: (1) the availability or accuracy of such Third-Party Content, or (ii) the content, products, or resources on or available from such Third-Party Content. Links to such Third-Party Content do not imply any endorsement by Company of Third-Party Content and Company is not responsible or liable for the behavior, features, or content of any Third-Party Content or for any transaction you may enter into with any such Third Party. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Content.

Company disclaims any responsibility or liability related to your access or use of any Third-Party Content.

11. DMCA

a. General Policy: Under the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), OptimaFunnels™ has the following policy:

If we have a good faith belief that any content (including without limitation any content your own customers or users may upload to the Platform) appearing on OptimaFunnels™ violates any copyrights, we reserve the right to remove, block, or otherwise “take down” the content.

b.  Reporting of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA):

1. Notice

If you believe that content appearing on OptimaFunnels™ violates your intellectual property, you should send a notice to OptimaFunnels™ (either physical mail or email is ok) at the following address:

OptimaFunnels

6800 SW 40th Street #333

Miami, FL 33155

2. Contents of Notice

If you send OptimaFunnels™ a notice regarding any claimed infringements, your notice must contain the following information:

  1. A physical or electronic signature from the owner or a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed

  2. Identification of the copyrighted work claimed to have been infringed

  3. Identification of the material/works/content that is claimed to be infringing that you want to see removed. This identification should include a location (URL) and other details sufficient to allow OptimaFunnels™ to find and review this material on OptimaFunnels™

  4. Your contact information, including your address, telephone number, and email address, so that we may be able to contact you

  5. A statement by you that you have a good faith belief that the use of the material/works/content are not authorized by the copyright owner, its agent, or the law

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

3. Counter Notification

If any content (including without limitation any Account Holder, Team Member, other User, or third-party’s) is removed due to the receipt of a DMCA notice, you may send OptimaFunnels™ what is known as a Counter Notice if you believe that your content was wrongly removed. Your Counter Notice must contain:

  1. A physical or electronic signature

  2. Identification of what was removed and the location where the material appeared before it was removed

  3. A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification

  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for Miami-Dade County, Florida and that you will accept service of process from the person who provided notification

Please note that a copy of any notices received will be sent to the party who posted the content you report as infringing.

4. Repeat Infringements

Should OptimaFunnels™ receive multiple DMCA complaints regarding any Account Holders, Team Members, other Users, or third-parties, OptimaFunnels™ may simply remove that person from OptimaFunnels™ without further warning.

12. Trademark Violations

a. Trademark Infringement

The DMCA only covers copyright infringement of creative works. For claims of trademark infringement, OptimaFunnels™ requests that any notices contain:

  1. Information describing your trademark or service mark

  2. The registration number, if applicable

  3. Basis for your trademark claim

  4. Jurisdiction in which you claim trademark rights, and

  5. Class (category) of goods or services and accompanying description for which you assert trademark rights

Please note that a copy of any notices received may be sent to the party who posted the content you report as infringing.

13. Account Ownership Disputes

In the unlikely event that there is a dispute over the ownership of an account, OptimaFunnels™ has the right to request additional information from you to determine ownership and settle the dispute. The information that we may request to assist in resolving ownership disputes includes, but is not limited to, the following:

  1. a copy of Your government-issued photo ID;

  2. Your business documents, including a Charter, Certificate of Incorporation, LLC Agreement, business license, or other documentation showing ownership of your entity;

  3. Your billing information and details;

  4. Certified copies of your tax returns or tax documents; and

  5. Other documentation as we deem necessary to settle the dispute

Should a dispute arise, OptimaFunnels™ reserves the right to determine the account ownership in its sole judgment, and the ability to transfer the account to the person or entity it determines is the rightful owner, unless otherwise prohibited by law.

14. Payment Processing

Payment processing services are currently provided by integration with Stripe, PayPal, Authorize.net, NMI and Square and are subject to their appropriate user agreements or terms of service; we may provide integrations with other payment processors in the future, which would be subject to their user agreements or terms of service. By agreeing to this Agreement, to the extent applicable, you agree to be bound by the user agreements or terms of service of any payment processing provider with which you integrate your account. As a condition of enabling payment processing services, you agree to provide accurate and complete information about you and your business, and you authorize to share it and transaction information related to your use of the payment processing services provided by any payment processing provider.

You agree you are responsible for all legal and regulatory compliance in the country and/or countries you conduct business in.

15. Errors and Corrections

OptimaFunnels™ does not guarantee that the Platform, Content, or Services will be error-free or otherwise reliable, nor does OptimaFunnels™ guarantee that defects will be corrected or that any offerings through OptimaFunnels™ will always be accessible. OptimaFunnels™ may make improvements and/or changes to OptimaFunnels™ and their features and functionality at any time and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Account Holder Content are the sole responsibility of the Account Holder who owns the Account Holder Content.

We reserve the right to amend the Platform, Content, or Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of OptimaFunnels™ is unavailable at any time or for any period. From time to time, we may restrict access to some or all of OptimaFunnels™, for maintenance or other internal purposes.

16. Disclaimers; Limitation of Liability

You acknowledge and agree that OptimaFunnels™ is not liable for damages arising out of or related to your breach of this Agreement and losses or success that may result from your use of the Platform, Content, or Services. We also require that you understand and agree that OptimaFunnels™ is offered As Is and may not always be 100% perfect or reliable and that OptimaFunnels™ does not warrant or guarantee that it will always be free of errors or defects. Any claims for damages against OptimaFunnels™ will be limited to the fees you have paid us in the 12 months prior to the accrual of any claim.

YOU UNDERSTAND AND AGREE THAT OptimaFunnels™ IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. OptimaFunnels™ AND ALL OWNERS OF OptimaFunnels™ MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER OptimaFunnels™ NOR ANY OWNER OF CONTENT WARRANTS THAT OptimaFunnels™ ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, OptimaFunnels™ MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), ACCOUNT HOLDER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH OptimaFunnels™ OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND OptimaFunnels™ IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN ACCOUNT HOLDER AND ANY THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM OptimaFunnels™ SHALL CREATE ANY WARRANTY ON BEHALF OF OptimaFunnels™. WHILE USING OptimaFunnels™, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

17. Limitations On Remedies

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH OptimaFunnels™ IS LIMITED TO THE PORTION OF THE FEES YOU HAVE PAID US IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF ANY CLAIM. YOU AGREE THAT OptimaFunnels™ HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH OptimaFunnels™, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO OptimaFunnels™, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS LIMITED TO THE FEES THAT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF ANY CLAIM.

IN NO EVENT WILL OptimaFunnels™, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE OptimaFunnels™, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER OptimaFunnels™ HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OptimaFunnels™, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO OptimaFunnels™ DURING THE PRIOR TWELVE MONTHS IN QUESTION.

Nothing in the Agreements removes or limits OptimaFunnels™’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

YOU AGREE THAT ANY CLAIM AGAINST OptimaFunnels™ MUST BE COMMENCED BY FILING AN INDIVIDUAL ACTION UNDER THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

18. Diversity, Equity, And Inclusion

The Company is committed to social justice, including LGBTQ rights, women’s rights, and civil rights and provides services for individuals from a diverse array of races, ethnicities, national origins, sexual orientations, ages, religions, genders, educations, abilities, and other identities.

The Company does not tolerate or support discriminatory speech, hate speech, comments or actions against others based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other identity, or any physical, mental, or emotional abuse.

The Company reserves the right to terminate access to OptimaFunnels™, without refund, if  you or your employees, representatives, agents, founders, members, owners, managers, directors, or officers, engage in, encourage, demonstrate, or communicate statements, language, or actions that support race, gender, ethnicity, or disability inequality, discrimination, hate speech, or disrespect towards any individuals on the Company’s team, or that are in underrepresented or under-represented or marginalized groups.

You may contact the Company with any suggestions or concerns related to the Company’s DE&I efforts by sending an e-mail to [email protected].

19. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Releasees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform, Content, and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your Account Holder Content caused damage to a third party; or (v) any claim related to the transfer of third-party personal data to OptimaFunnels™ or its vendors or suppliers, and any loss, damage (including without limitation, any and all third party, governmental or regulatory claims, actions or proceedings, or fines) related to or arising from your unauthorized acquisition, access, use, or disclosure of, improper collection or retention of, failure to protect any non-public personally identifiable information or confidential corporate information, or failure to acquire the necessary consents or provide required notices to enable lawful transfer of third-party personal data to OptimaFunnels™ or its vendors or suppliers. Company may assume the exclusive defense and control of any matter for which you have agreed to indemnify Company and you agree to assist and cooperate with Company in the defense or settlement of any such matters. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Platform, Content, or Services.

20. Governing Law And Jurisdiction; Disputes

This Agreement shall be governed in accordance with the laws of the State of Florida without regard to its conflicts of laws principles. Any action arising out of or relating to this Agreement shall be filed only in the state or federal courts located in Miami-Dade County in the State of Florida. You consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action and waive any defense of lack of personal jurisdiction or forum non conveniens.

You and OptimaFunnels™ agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity.

You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of OptimaFunnels™ and all parties to any such proceeding.

The prevailing party in any dispute between the parties arising out of or related to this Agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

21. Privacy

Your use of OptimaFunnels™ is subject to our Privacy Policy.

22. Force Majeure

Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including, without limitation, any failure to perform due to unforeseen circumstances or causes beyond Company’s control, such as acts of God, war, terrorism, riots, embargoes, acts of governmental or regulatory or civil or military authorities, fire, floods, accidents, strikes, pandemic, or shortages.

23. Entire Agreement; Severability of Provisions; No Waiver

  1. These Terms of Use incorporate by reference any notices contained on OptimaFunnels™ including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of anything offered in OptimaFunnels™, including the Platform, Content, and Services.

  2. If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

  3. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

24. Changes To The Terms Of Use

OptimaFunnels™ may review and update this Agreement at any time in our sole discretion and it is your responsibility to stay informed of those changes. All changes are effective immediately when posted and apply to all uses of OptimaFunnels™ thereafter. Your continued use of the Platform, Content or Services following the posting of revised Terms of Use means that you accept and agree to be bound by the changes. Please check this webpage periodically for updates.

25. Titles/Heading

The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither you nor OptimaFunnels™ shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.

26. Contact Us

If you have questions or concerns regarding these Terms of Use, the Platform, Services, or Content, you may contact Us via the “Contact” information on our website, or by physical or electronic mail at the address below.

Note: OptimaFunnels™ office is not open to the public

OptimaFunnels

6800 SW 40th Street #333

Miami, FL 33155

These Terms of Use were last modified as of August 20, 2025.

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