www.Optimarrow.com

Terms of Use 

Last Revised: June 12, 2024 (“Effective Date”)

Welcome to Optimarrow LLC’s website (www.optimarrow.com) (the “Site”). Optimarrow LLC and its affiliated companies (collectively the “Company,” “We,” “Our,” or “Us”) provides this Site for your personal use. Please read these Terms of Use carefully.

TERMS AND CONDITIONS FOR THE USE OF THIS SITE

These Website Terms of Use (“Terms of Use”) describe the terms and conditions of use of this Site by you, the website viewer, and your rights and responsibilities as a user. By: (a) accessing and using Our Site, (b) using any Services provided by Us through this Site, or (c) providing your personal information to Us, you agree to and are bound by all of the terms and conditions described in these Terms of Use, whether or not you have an existing client relationship (an “Account”) with Us. When used throughout these Terms of Use, the term “Services” means Our executive advisory and director services, which is an expansive term that might include and is not limited to, in addition to traditional advisory services and board director responsibilities and other contracted for services, the free or fee-bearing provision of subject matter research and guidance based on opinion, experience, or otherwise (collectively, the “Services”).

We have the right to revise these Terms of Use without notice to you. We encourage you and all users of the Site to visit this page frequently to review these Terms of Use. We will use Our reasonable efforts to ensure that the “Last Revised” indicator remains up-to-date and revised any time We make a change to these Terms of Use. The most current version of these Terms of Use can be viewed by clicking on the “Terms of Use” link posted at [INSERT URL]. By accessing and using this Site, you agree to these Terms of Use and any changes to these Terms of Use that may be in force at that time of your use. If you do not agree to these Terms of Use, please leave this Site.

We encourage you to review our Privacy Policy. Your agreement to these Terms of Use also includes agreeing to Our Privacy Policy (referenced below). You will not become a customer of the Company and will not have an Account until you and Us have separately entered into Our Master Services Agreement (“Client Terms”), which may be provided upon request and acceptance by Us; however, please note that due to the personal nature of Our Services, Our customer selection process is highly selective and We may reject any request to create an Account in our sole and absolute discretion.

Should you find other terms, conditions, or disclaimers on pages, applications, or programs within the Site, and you believe there is a conflict between these Terms of Use and those terms, conditions, or disclaimers posted for that particular area of the Site, to the extent there is a conflict, those terms, conditions, or disclaimers for that particular page, application, or program will take precedence over these Terms of Use and will control your use of such area. Additionally, any conflict arising between these Terms of Use and our Privacy Policy shall be resolved by the Privacy Policy taking precedence with respect to the subject matter in question. If there is any conflict between our Client Terms and any these Terms of Use, Our Client Terms shall take precedence and be controlling with respect to the subject matter in question.

SITE CONTENT

We operate this Site to provide information to, or receive information from, you and other potential or existing customers and may use this Site to facilitate the Services. While the Site is intended to serve the general public by providing general information about the Services and may facilitate the provision of the Services, the Company does not itself provide any Services through accessing the Site and the Site is not intended to interfere with the provision of Services provided under the Customer Terms.

Content on the Site is offered to the general public as educational and is strictly informational. Your use of the Site warrants that you will not use it for any purpose that is unlawful or prohibited by these Terms of Use. Although the Company attempts to ensure the accuracy and integrity of the information on the Site, it makes no representations, warranties, or guarantees as to the accuracy of the Site and its content, and as such, it is possible that the Site could include typographical or other errors, or inaccuracies, and that unauthorized additions, deletions, or alterations could be made to the Site by third parties. If any inaccuracy arises, please inform Us so the inaccuracy can be corrected.

The Site may provide access through links to third-party websites that provide encrypted and password-protected access to our Service. These websites may offer recipients access to our Service for which participants will have received additional information regarding the terms of such service, prior to being granted access.

PERMISSIONS AND RESTRICTIONS FOR USE OF THIS SITE

The Company hereby grants to you a limited, non-exclusive, non-transferable right to access the Site. The Site is for users over the age of 18 for personal, non-commercial use, subject to compliance with these Terms of Use and in accordance with applicable laws. Use of this Site is for your personal, non-commercial use only; you represent that information you provide is true, accurate, and complete, to the best of your knowledge. The Site is intended for use within the United States. Those choosing to access the Site outside of the U.S. are responsible for compliance with all local laws, including those which may apply to Content on the Site which may be prohibited locally.

The contents of this Site, including without limitation, text, design, infographics, graphics, images, and other content (collectively, the “Content”) are owned by or licensed to the Company, its third-party vendors, or other third parties. The Content is protected under copyright law. Your use of the Site provides limited access to view, download, and print the Content, solely in conjunction with your permitted personal use. No portion of the Site should otherwise be reproduced, stored, or transmitted by any means for any purpose. Such unauthorized use will constitute violation of copyright, trademark, and other laws. Any copies of copyrighted or trademarked materials, or names obtained from Our Site, should retain all copyright and proprietary notices and should not be used without permission from Us. Use of any Content on the Site does not grant ownership rights to such Content nor to the Site. You may not sell nor modify Content nor display Content for public or commercial use.

Unauthorized access to the Site and its Content via hacking is prohibited, as is the use of bots, spiders, scrapers, web crawlers, indexing agents, deep-links, or other such devices, mechanisms, or programs intended to do the same.

Additionally, restrictions to use of the Site include accessing or tampering with non-public areas of the Site or Our systems, or the delivery of Our systems or the Services. You may not interfere with the access of any Site user, host, or network related to our Site or the Services (e.g., sending viruses, overloading, flooding, spamming, mail-bombing) nor attempt to tamper or change any Site-related software.

Any use of our Site or its Content not expressly permitted within these Terms of Use is a breach of the Terms of Use and may violate U.S. laws. The Company reserves the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason.

USER SUBMISSIONS AND PII

Subject to our Privacy Policy and to the extent you are a customer, our User Terms, any information, material, comments, or other communication submitted to Us will be treated as confidential and will not otherwise be disclosed to third parties. We do not collect and store personally identifying information (“PII”) from Site users; any PII collected and received via form submission or email is submitted voluntarily and may be used to respond back to a user as necessary. More information regarding PII and its use on our Site and in our Services can be found in our Privacy Policy.

You agree not to provide any user information that: (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful or that could encourage criminal or unethical behavior; (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (c) contains or transmits a virus or any other harmful component.

LINKS AND THIRD PARTIES

Our Site may contain links to websites owned by third parties. Such sites are provided solely as resources and as a convenience to Our users. These links, and any associated content, are not intended to be an endorsement, recommendation, or referral for any website, service, or third party, and We are not responsible, nor do We make representation for any content, information, security practices, or privacy policies for these websites or third parties. If you, as a user of Our Site, decide to access any third-party website using links from Our Site, you do so at your own risk. Site users are expected to independently assess whether information and resources from any website, including Ours, will meet their needs.

DISCLAIMERS

Use of this Site is at your own risk. We provide no warranty that our Site will operate without interruption or error or that the Site and its servers are free from viruses or other harmful technologies. Any subsequent damage to your computer system, or loss of data, that results from your use of the Site falls under your assumed risk and responsibility. Further, while We aim to ensure appropriate and accurate sharing of information, We make no warranties regarding the content of the site, its quality, accuracy, truthfulness, or reliability.

The Site, its Content (inclusive of user submissions) are provided on an “as-is” and “as-available” basis without any warranties of any kind. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY, THROUGH THIS SITE OR OTHERWISE, IS NOT ACTING AS YOUR LAWYER AND IS NOT PROVIDING ANY LEGAL ADVICE. NOTHING IN THESE TERMS OF USE OR THE CLIENT TERMS ARE INTENDED TO REQUIRE THE COMPANY TO PROVIDE LEGAL ADVICE AND NO SERVICES PROVIDED WILL INCLUDE LEGAL ADVICE. YOU SHOULD CONSULT WITH YOUR LEGAL REPRESENTATIVES WITH REGARD TO ANY LEGAL MATTERS. SIMILARLY, THE COMPANY IS NOT PROVIDING TAX ADVICE AND NOTHING IN THESE TERMS OF USE OR THE USER TERMS WILL REQUIRE THE COMPANY TO PROVIDE YOU WITH TAX ADVICE. YOU SHOULD CONSULT WITH YOUR TAX PROFESSIONALS WITH REGARD TO ANY TAX MATTERS.

LIMITATIONS ON LIABILITY

THE COMPANY SHALL NOT BE LIABLE TO ANY USER OF THE SITE, OR ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDERS, FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, ITS MATERIAL, ITS CONTENT, OR ANY THIRD-PARTY WEBSITES LINKED TO THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS OR OTHER DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT YOUR SOLE REMEDY TO ANY PROBLEM WITH THIS SITE, INCLUDING ERRORS FROM AND INACCURACIES WITHIN, IS TO CEASE USING THE SITE AND THE SERVICES PROVIDED THEREUNDER. THE COMPANY, ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER, AND ANY THIRD PARTY WHO PROMOTES THE SERVICES OR PROVIDES YOU WITH A LINK TO THE SITE, SHALL NOT BE LIABLE FOR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTY, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ITS USE.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE COMPANY, ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDERS, AND ANY SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER THIRD-PARTY PARTNERS AND EMPLOYEES OF THE COMPANY, HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS, AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO, YOUR USE OF THE SITE. TO THE EXTENT LEGALLY PERMISSIBLE, YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE.

WAIVER AND SEVERABILITY

Any failure by the Company to enforce any right or provision of these Terms of Use shall not constitute a waiver of such rights or provisions. Should any competent court or arbitrator find any provision in these Terms of Use are invalid or unenforceable, that provision will be enforced to the maximum extent permissible and any and all other provisions of these Terms of Use will remain in full force and effect.

INTERPRETATION

Unless the context of these Terms of Use requires otherwise, (i) a capitalized word has the meaning assigned to it by these Terms of Use; (ii) “or” will be constructed such that the series may include any of the items, all of the items, or any combination of the items; (iii) words in the singular include words in the plural, and words in the plural include the singular; (iv) provisions apply to successive events and transactions; (v) “the term “include” does not create and exclusive list and should be interpreted, in any variation, as “includes, but not limited to; (vi) the phrase “any reason” should be read as “any reason or no reason;” and, (vii) the headings in these Terms of Use are for reference only and shall not limit or otherwise affect the meaning, interpretation, or construction of these Terms of Use.

VIOLATIONS AND FEEDBACK

Feedback regarding Our Site is welcomed and can be submitted by emailing us at Info@optimarrow.com.

Additionally, please report any violations of these Terms of Use to the Company at help@optimarrow.com.