Legal Information & Terms of Use
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY VISITING THIS WEBSITE AND PURCHASING OUR SOFTWARE YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT AND IT’S TERMS. IF YOU DO NOT AGREE TO THIS LICENSE, WE ASK THAT YOU PLEASE LEAVE OUR WEBSITE.
"You" means the person or company who is being licensed to use the Software or Documentation. "We," "us" and "our" means Dailyfreelance or Greg Harrington.
We hereby grant you a nonexclusive license to use the Software on any IP address, provided the Software is in use only for the purchasers own business use, you are not granted permission to let anyone other than the primary license holder to use this software at any time. The Software is "in use" when the purchaser is logged in via their computer or mobile device.
The primary license holder (purchaser) has the right to use the software but if the software is used by any other party with access to the purchasers account on a regular basis, (Where regular is more than once a week) they will need to purchase their own license.
We remain the sole owner of all right, title and interest in the Software and related explanatory written materials ("Documentation") and tutorials.
The Software and Documentation are protected by international copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material-for example, a book.
- Copy the Documentation,
- Modify or adapt the Software or merge it into another program in any way,
- Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
- Place the Software onto a server so that it is accessible via a public network such as the Internet,
- Sublicense, rent, lease or lend any portion of the Software or Documentation.
- Share login details for the software to others (you are granted to share your logins with Virtual assistants provided they are working on your behalf)
You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer or web hosting. (You may do this once. After this you will need to purchase another copy)
We warrant that for a period of 30 days after delivery of this copy of the Software to you:
The login accessible area where access to your Software is provided to you will be online and available for use, or an alternative will be provided (we are under no liability should this area become unavailable)
The Software will perform in substantial accordance with the Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:
Return the price you paid, or
Repair or replace the Software that does not meet the foregoing warranty if proof of ownership is provided.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.
You understand that breach of any of the terms listed here are grounds for immediate termination of your account and forfeiture of any licenses without refund or recourse.
The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
This license agreement shall be governed by, construed and enforced in accordance with the laws of the , as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate OptimizePress and/or its affiliates' intellectual property rights, OptimizePress and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of , and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Sheffield, United Kingdom. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Sheffield, United Kingdom, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If you are concerned about the topic covered by this policy, you should read it each time before you use our website. Any questions or concerns about this policy should be brought to our attention by completing the form here Dailyfreelancewriting.com/contact-us , or one of the methods provided under Contact Information, and providing us with information relating to your concern.
Pricing, Offers & Discounts
Pricing for all of our products and services are subject to change at any time without notice. We reserve the right to modify the pricing or contents of any product package at any time without notice.
Discounts and offer links sent via email from our support team are valid for 7 days, after this time no offer will be honoured. Offers sent via email are valid for the recipient only.
All prices listed on our website are in USD ($ US Dollars).
Although we always endeavor to offer a high quality product, we understand that there are circumstances where you may require a refund. We offer 30 days starting from (including) day of purchase during which you can request a refund and this will be processed for you. Please note that if you refund, all rights to use the product will be revoked, and you must remove the software from all sites and computers on which it was installed. We reserve the right to decline a refund if the client does not adhere to these conditions.
Please note, our refund policy only applies to the first time you purchase our product. Second time purchases will not be permitted the same rights to refund. We understand that sometimes the timing may not be right when you purchase our product and you may return to purchase later, but please be aware second purchase refund requests will not be permitted. This is to protect our product and ourselves from individuals who may take advantage of our refund policy.
Client permanently and irrevocably waives any and all right to enact a ‘chargeback’ (that is, a disputed, reversed or contested charge with the applicable bank, credit card or charge card) against these payments for any reason whatsoever against OptimizePress.com or Mr J Dyson.
Any chargeback processed against charges for OptimizePress will result in full and complete cancellation of all OptimizePress licenses and accounts due to the significant costs involved in administration for managing chargebacks.
We are happy to refund any purchase of OptimizePress Core, Publisher or Pro packages within the first 30 days of purchase.
All OptimizePress package purchases (Core, Publisher or Pro) include 1 year of support and updates (we call this your Support & Updates License). This entitles you to 1 year of email support via our helpdesk, as well as 1 year of updates to the platform (this includes new features, bug fixes and compatibility updates to the main platform). Updates does not include any add-on products we may release in the marketplace or through other channels.
After your 1 year of inclusive support and updates expires, you will be notified via email (and via prompts on your WordPress Dashboard inside our platform). You can renew your Support & Updates license for a reduced fee. The core package renewal is $48.50 USD, the Publisher package renewal is $59.95 USD and the Pro package is $79.95 USD. After 60 days from the expiry of your license all renewals are at full original package price.
The updates & support license is optional and will not be auto-billed to you - however it is recommended that you always run the latest version of OptimizePress in order to ensure maximum compatibility with future releases of WordPress.
OptimizePress maintains a full time support and development team, and we use the funds from the support & updates license to ensure continued development and expansion of the platform for all our users, as well as continued reliability with future WordPress updates.
Support will only be provided to users who have an active support and updates license (see above)
Support is provided via our helpdesk and email only. Support requests must be submitted via our helpdesk contact pages at https://optimizepress.zendesk.com/hc/en-us/requests/new
For technical support queries, our team may request administrator login details for your WordPress site where OptimizePress is being used. Any details submitted to us are only accessible to our team via our SSL secured website and would never be shared outside of our business. We recommend creating a separate Administrator login account for our access which you are free to remove at any time. We regret that where details are not provided, we may not be able to provide solutions to technical support issues.
This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
This license agreement may be modified only by a writing signed by you and us.
In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
You agree that the Software will not be provided, shared, shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
