Optive Technology Partners

    Terms of Service

    Last updated: April 30, 2026

    Optive Technology Partners ("Optive," "we," "our," or "us") is the proud owner of the Optive website and subdomains on optivetech.com (the "Sites"). Visitors (we'll use the term "you" here, for short) to the Sites are permitted to use the Sites on the condition that they accept and abide by these Terms of Service ("TOS") and our Privacy Policy, available at https://optivetech.com/privacy ("Privacy Policy") without modifications.

    TO BE CLEAR, by using and accessing the Sites, you are agreeing to be bound by the terms and conditions of these TOS and our corresponding Privacy Policy. In other words, these TOS are a legal agreement between you and Optive. If you do not agree to the terms of these TOS or our website's Privacy Policy, please do not use or access the Sites.

    In addition, please be advised that these TOS contain provisions that govern how disputes between us are resolved, including arbitration, a jury trial waiver and a class action waiver.

    1. The Sites

    The Sites were created to share information about our company, our products, and our services, and to allow you to contact us or schedule an IT assessment.

    2. Security & Monitoring

    You are solely responsible for maintaining the security of your computer, browser, and any applicable passwords. You agree to accept responsibility for any and all activities or actions that occur under your computer, browser and/or passwords, whether you are using the Sites or a third-party service. You acknowledge and agree that we have the right to monitor the Sites electronically from time to time, and to disclose any information that we deem necessary to satisfy any law, regulation or other governmental request, to operate the Sites properly, or to protect our users, affiliates, partners and contracted parties, as discussed in further detail in our Privacy Policy.

    3. Restrictions

    A. You agree that you will not use the Sites for illegal or prohibited purposes. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Sites in any manner that is prohibited by these TOS, or which is illegal or prohibited by applicable law.

    B. You agree that you will comply with laws in your jurisdiction. Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable data.

    C. You warrant that you are over the age of 18 and capable of giving legal consent. The Sites are not for, or meant to be accessed by, minors. You must be at least the age of 18 to use the Sites.

    D. You agree to use only the contact methods we provide for communicating with us. All communications sent to us must be appropriate and reasonably related to our products and services, or (if you are our customer) services you have obtained from us, and must be respectful of others.

    E. You agree that you have not been previously prohibited from using the Sites. If you have been banned, suspended, or prohibited from using the Sites in the past, you may not use the Sites, even under a different account, name, or username.

    F. You specifically agree that you WILL NOT:

    • Upload, post, transmit, or link to any content that is misleading, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, or otherwise objectionable.
    • Use the Sites to promote illegal activity or to exploit images of children under 18.
    • Use the Sites to "stalk" or otherwise harass another, or to collect personal information about others without permission.
    • Impersonate any person or entity or misrepresent your affiliation with a person or entity.
    • Provide misleading or false information when communicating with us.
    • Transmit content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights.
    • Transmit unsolicited advertising, "spam," "chain letters," or any other form of solicitation.
    • Transmit material containing software viruses, worms, Trojan horses, or any other harmful code.
    • Use automated means, including spiders, robots, or crawlers, to download data from our databases or scrape the Sites.
    • Resell, repackage, or provide others with content or materials received through the Sites.
    • Interfere with or disrupt the Sites or servers/networks connected to the Sites.
    • Decompile, disassemble, modify, reverse engineer, or create derivative works from any software deployed in connection with the Sites.
    • Remove, alter, or obscure any proprietary notice (including copyright or trademark) of Optive or its affiliates.
    • Use the Sites in any manner that violates these TOS.

    4. User Content

    A. You are Responsible for Your Content. You are responsible for information, text, graphics, photographs, or other material ("Content") that you provide to us.

    B. Representations and Warranties. By providing Content to us, you represent and warrant that the Content is yours and/or that you have the right to use it and grant us the rights and license described in these TOS, and that your Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

    C. Your Rights in Your Content. You retain any rights you have to the Content. By providing Content to us, you grant us the right and license to use the Content in connection with our business and any services you have requested. No compensation will be paid for our use of your Content.

    D. Removal of Content. Optive is under no obligation to post or use your Content, and may remove any Content from the Sites in its sole discretion. We reserve the right to terminate the account of anyone found to be violating these TOS.

    E. Disclaimers Regarding User Content. Optive does not own or control the Content of users of the Sites and disclaims any liability with regard to your Content or the Content of other users.

    5. Copyright Policy

    We respect the intellectual property rights of others. It is our policy to respond to any claim that content on the Sites infringes on the copyright or other intellectual property rights of any person or entity.

    DMCA Compliance & Notice. If you are a copyright owner, or authorized on behalf of one, and you believe that copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following:

    • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
    • Identification of the copyrighted work that you claim has been infringed;
    • Identification of the material that is claimed to be infringing and where it is located within the Sites;
    • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
    • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

    You can contact our Copyright Agent via email at connect@optivetech.com.

    6. Our Intellectual Property

    All content owned by Optive, including but not limited to the overall look and feel of the Sites, all copyrights, patents, trademarks, trade secrets and other intellectual property rights, and all content, materials, information and data contained within the Sites (except for your Content) are, and shall remain, the sole and exclusive property of Optive (the "Optive IP").

    We grant you a revocable, non-exclusive, non-transferable, limited license to use the Sites and the Optive IP solely to visit the Sites to learn about our products and services or to contact us. This license terminates immediately upon termination of these TOS, which we may terminate at any time, for any reason. Any rights not expressly granted herein are reserved by Optive.

    7. Third-Party Services

    The Sites may display, include or make available third-party content (including data, information, applications and other products and services) or provide links to third-party websites or services (collectively, the "Third-Party Services"). Optive's inclusion of third-party links, content or services does not imply that Optive endorses such third-parties.

    You acknowledge and agree that Optive does not control the third-party sites, links, or content. Optive shall not be directly or indirectly responsible or liable for any damage or loss caused, or alleged to be caused, by any Third-Party Services. We strongly recommend that you review Third-Party Services' terms and conditions and applicable privacy policies.

    8. Your Suggestions

    Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to Optive with respect to the Sites shall remain the sole and exclusive property of Optive. Optive shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose without any credit or compensation to you.

    9. Modifications & Updates

    Optive reserves the right to temporarily or permanently modify, suspend, or discontinue the Sites, the content, materials, data and/or information found within the Sites, with or without notice, and without liability to you. Optive may also terminate, suspend or cancel your access to the Sites if you violate the terms of these TOS.

    10. Termination/Access Restriction

    Optive reserves the right to terminate your access to any or all of the Sites, at any time, without notice, for any reason whatsoever. Optive also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Optive's sole discretion.

    11. Indemnification

    You agree to indemnify and hold Optive and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Sites; (b) violation of these TOS or any law or regulation; (c) use of the Third-Party Services; (d) the Content; (e) violation of any right of a third-party, including but not limited to the infringement of another's intellectual property rights.

    12. No Warranties

    The Sites are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Optive, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

    Optive does not make any representation or warranty of any kind, express or implied, as to the operation or availability of the Sites, that the Sites will be uninterrupted or error-free, the accuracy or reliability of any information provided on or through the Sites, or that the Sites or e-mails sent from or on behalf of Optive are free of viruses, malware, or other harmful components.

    13. Limitation of Liability

    To the maximum extent permitted by applicable law, in no event shall Optive be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, business interruption, personal injury, or loss of privacy) arising out of or in any way related to the use of or inability to use the Sites, even if Optive has been advised of the possibility of such damages.

    If this exclusion or limitation of liability is held inappropriate or unenforceable for any reason, our maximum liability for any type of damages shall not exceed $100. All claims against Optive must be brought within one year of discovery or shall be forever barred.

    14. Severability

    If any provision of these TOS is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

    15. Waiver

    Except as provided herein, the failure to exercise a right or to require performance of an obligation under these TOS shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute waiver of any subsequent breach.

    16. Amendments to These TOS

    Optive reserves the right, at its sole discretion, to modify or replace these TOS at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use the Sites after any revisions become effective, you agree to be bound by the revised terms.

    17. Email Notifications and Communications

    You acknowledge and agree that if you provide us with your email address, you grant consent for us to send you notices related to the Sites, including any notices required by law, in lieu of communication by postal mail. You shall make sure the email address is current and accurate.

    18. Arbitration, Jury Trial & Class Actions

    Arbitration. Please read this Section carefully. It is part of your agreement with us, and it affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION.

    You agree that any dispute related to these TOS, your use of the Sites, or any dispute related to your relationship with Optive shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA), located in San Diego, California. The arbitration shall be conducted by a single arbitrator, with the prevailing party to pay all costs and attorney fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    Jury Trial Waiver. You hereby waive your constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. YOU WAIVE ALL RIGHTS TO A JURY TRIAL.

    Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES BETWEEN YOU AND OPTIVE MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

    30-Day Right to Opt Out. You have the right to opt out of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of these TOS by sending written notice of your decision to opt out to connect@optivetech.com within 30 days from the date that you first visited the Sites.

    19. Governing Law

    The laws of California, United States, excluding its conflicts of law rules, shall govern these TOS and your use of the Sites. You consent to the personal jurisdiction of the courts located in San Diego, California.

    20. Misc. Provisions

    A. Entire Agreement. These TOS constitute the entire agreement between you and Optive regarding your use of the Sites.

    B. No Joint Venture/Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Optive as a result of these TOS or your use of the Sites.

    C. Severability. If any part of these TOS is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOS shall continue in effect.

    D. Language of TOS. It is the express wish of the parties that these TOS and all related documents be drawn up in English.

    E. Contact Information. If you have any questions about these TOS, please contact us at connect@optivetech.com or (858) 251-9951.