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Conditions of Use

TERMS AND CONDITIONS OF USE PLEASE READ CAREFULLY



Terms and conditions for use for websites owned, operated or controlled by Optim Development Systems, Inc. or any of its Affiliates. By accessing, browsing and/or using the pages in any website owned, operated or controlled by Optim Development Systems, Inc. or any of its Affiliates, including this Site, you agree to the terms and conditions set forth herein. If you do not agree, you should not use Optim Development Systems, Inc. sites. If you are currently a party to a separate, written agreement with Optim Development Systems, Inc. or any of its Affiliates that has terms that are inconsistent with these Terms and Conditions of Use, the terms of that agreement will apply to matters that are within the scope of such agreement.

ELECTRONIC COMMUNICATIONS

When you visit Optim Development Systems, Inc. sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on Optim Development Systems, Inc. sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on Optim Development Systems, Inc. sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Optim Development Systems, Inc., its Affiliates, or their content suppliers and is protected by United States and international copyright laws. The compilation of all content on Optim Development Systems, Inc. sites is the exclusive property of Optim Development Systems, Inc. (or the Affiliate identified in any copyright notice on the site) and is protected by United States and international copyright laws.

USE

Viewing a Optim Development Systems, Inc. site creates a copy of Optim Development Systems, Inc. materials in your computer's random access memory and/or in your hard drive and/or in your proxy server. You are hereby permitted to view this site and to print pages for your own personal, noncommercial use, provided that you do not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, printouts or services from the Optim Development Systems, Inc. site. The materials published on Optim Development Systems, Inc. sites may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Optim Development Systems, Inc. or its appropriate Affiliate.

TRADEMARKS

The trademarks, service marks and logos (the Trademarks) used and displayed on Optim Development Systems, Inc. sites are registered and unregistered Trademarks of Optim Development Systems, Inc., its Affiliates and others. Nothing on any Optim Development Systems, Inc. site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark displayed on the site without the prior written consent of the Trademark owner.

LINKS

Optim Development Systems, Inc. sites may include links to other sites that contain information created, published, maintained or otherwise posted by organizations independent of Optim Development Systems, Inc. and its Affiliates. Optim Development Systems, Inc. provides these links only as a convenience, and does not endorse, approve, certify, maintain or control these external sites and does not guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of information located at such sites. Optim Development Systems, Inc. reserves the right to remove these links at any time and without notice. Other parties may provide links to Optim Development Systems, Inc. sites. Optim Development Systems, Inc. does not require third parties to obtain Optim Development Systems, Inc.'s consent prior to linking to Optim Development Systems, Inc. sites. Such links may not, however, include frames or other features that distort, mischaracterize or misrepresent the source or ownership of materials on Optim Development Systems, Inc. sites or disparage or are otherwise detrimental to Optim Development Systems, Inc. Optim Development Systems, Inc. assumes no responsibility for the content of sites that include links to Optim Development Systems, Inc. sites, and makes no warranties or representations whatsoever with respect to such sites. No materials may be posted on Optim Development Systems, Inc. sites without the express written permission of Optim Development Systems, Inc.

PRODUCTS AND PRICING

All products sold through Optim Development Systems, Inc. sites are subject to the then existing Terms and Conditions of Sale of the division or Affiliate responsible for sales of such products. Links to these Terms and Conditions can be found on the Home Pages of the relevant Optim Development Systems, Inc. sites. Terms and Conditions of Sale, product prices, configurations and availability are subject to change at any time by Optim Development Systems, Inc.

REFUNDS

A full refund on the price of an assessment or resource materials can be provided prior to generation of the report. Once a report has been downloaded and/or emailed to you, you are no longer eligible to receive a refund. If you take an assessment, but want a refund, please contact us at admin@testets before you choose your delivery method. Refunds are available on a pro-rated basis for all consultation, coaching and training services.

DISCLAIMER

THE MATERIAL IN OPTIM DEVELOPMENT SYSTEMS, INC. SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. OPTIM DEVELOPMENT SYSTEMS, INC. MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. OPTIM DEVELOPMENT SYSTEMS, INC. DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OPTIM DEVELOPMENT SYSTEMS, INC. DOES NOT WARRANT THE AVAILABILITY OF OPTIM DEVELOPMENT SYSTEMS, INC. SITES, THAT OPTIM DEVELOPMENT SYSTEMS, INC. SITES AND YOUR USE OF OPTIM DEVELOPMENT SYSTEMS, INC. SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OPTIM DEVELOPMENT SYSTEMS, INC. SITES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. OPTIM DEVELOPMENT SYSTEMS, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF OPTIM DEVELOPMENT SYSTEMS, INC. SITES AND/OR THE MATERIALS IN Optim Development Systems, Inc. SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT Optim Development Systems, Inc.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE RESTRICTION MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF IMPLIED WARRANTIES AND/OR DAMAGES. NOTHING IN THIS SECTION SHALL AFFECT YOUR STATUTORY RIGHTS.

APPLICABLE LAW

By visiting a Optim Development Systems, Inc. site, you agree that the laws of the State of Colorado, United States of America, without regard to conflict of law principals that would dictate selection of another jurisdiction's laws, will apply to these Terms and Conditions of Use and any dispute of any sort that may arise between you and Optim Development Systems, Inc.

DISPUTES

Any dispute between you and Optim Development Systems, Inc. concerning a Optim Development Systems, Inc. site or the materials located at a Optim Development Systems, Inc. site shall be brought in a Federal or State court sitting in the City and County of Denver, State of Colorado.

MODIFICATION TO TERMS AND CONDITIONS

Optim Development Systems, Inc. can revise the Terms and Conditions at any time by modifying or updating this posting. Your use of a Optim Development Systems, Inc. site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.

SEVERABILITY

If any of these terms and conditions is deemed invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.




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