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Website terms of use

Updated: Oct 10 2024

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. These terms of use (“Terms”), along with Optimizely’s Privacy Notice found here, govern your use of Optimizely’s Websites. For the purposes of these Terms, “Websites” refers to www.optimizely.com, and its sub-sites, as well as the other websites that Optimizely operates and that link to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST CEASE USE OF OUR WEBSITES. 

  1. ELIGIBILITY. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Websites; and (iii) that your use of the Websites is in compliance with any and all applicable laws and regulations.
  2. CONTENT. By submitting, posting, or publishing your content, suggestions, enhancement requests, recommendations, feedback, information, data, or comments (“Content”) to any Website, you are granting Optimizely a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, incorporate, exploit, display, perform, reproduce, distribute, and prepare derivative works of your Content. You will retain ownership of your Content; however, any use of your Content by Optimizely may be without any compensation paid to you. By submitting, posting, and publishing your Content, you represent and warrant that your Content does not (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third party.
  3. TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE WEBSITES. We may, at our sole discretion, suspend or terminate your access to the Websites at any time, with or without notice, for any reason or no reason at all. We also reserve the right to modify or discontinue the Websites at any time (including, without limitation, by limiting or discontinuing certain features of the Websites) without notice to you. We will have no liability whatsoever on account of any change to the Websites or any suspension or termination of your access to or use of the Websites.
  4. THIRD-PARTY WEBSITES. Links to third-party websites or information are provided solely for your convenience. If you use these links, you will leave the Website and be subject to the terms and privacy policies of those third parties. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Optimizely of the third party, the third-party website, or the information there. Optimizely is not responsible for the availability of any such websites. Optimizely is not responsible or liable for any such websites or the content thereon. Use of third party applications and platform integrations with any Optimizely Software Service is subject Third-Party Add-on Terms.
  5. DOWNLOADING FILES. Optimizely cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files, or programs. 
  6. OWNERSHIP; PROPRIETARY RIGHTS. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Websites (the “Materials”) provided by Optimizely are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Websites are the property of Optimizely or our third-party licensors. Except as expressly authorized by Optimizely, you may not make use of the Materials. Optimizely reserves all rights to the Materials not granted expressly in these Terms.
  7. PROHIBITED USES. You acknowledge and agree that: (i) you will not use the Websites for any purpose that is unlawful or prohibited by these Terms; (ii) you may not use the Websites in any manner that could damage, disable, overburden, disrupt, or impair any Optimizely servers or APIs, or any networks connected to any Optimizely server or APIs, or that could interfere with any other party's use and enjoyment of any Websites; (iii) you may not transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of Websites; (iv) you may not exceed or circumvent, or try to exceed or circumvent, limitations on the Websites, including on any API calls, or otherwise use the Websites in a manner that violates any Optimizely documentation or user manuals; (v) you may not attempt to gain unauthorized access to any Websites, other accounts, computer systems, or networks connected to any Optimizely server or to any of the Websites through hacking, password mining, or any other means; (vi) you may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websites; and (vii) you may not use the Websites in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  8. INDEMNITY. You agree that you will be responsible for your use of the Websites, and you agree to defend, indemnify, and hold harmless Optimizely and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively, the "Optimizely Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Websites; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
  9. DISCLAIMERS; NO WARRANTIES. OPTIMIZELY AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE WEBSITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, SITES, AND RELATED CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OPTIMIZELY AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE WEBSITES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OPTIMIZELY IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
  10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPTIMIZELY AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF OPTIMIZELY OR ANY OF OPTIMIZELY'S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE OTHER TERMS OF THESE TERMS, OPTIMIZELY IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF OPTIMIZELY AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
  11. GOVERNING LAW. These Terms and any disputes relating to these Terms or Websites shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. You agree that any legal action or proceeding between you and Optimizely related to these Terms will be brought exclusively in a court of competent jurisdiction sitting in New York, New York, USA, and you consent to the jurisdiction of such courts.
  12. CHANGES TO THESE TERMS. Optimizely reserves the right to make modifications to these Terms at any time. Revised versions of these Terms will be posted to this Website. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted to this Website. If you do not agree with the revised Terms, your sole and exclusive remedy will be to discontinue your use of the Websites.
  13. GENERAL. These Terms, together with the Privacy Notice and any applicable product limits, disclaimers, or other terms presented to you on our Website or documentation, each of which is incorporated by reference into the Agreement, constitute the entire and exclusive understanding and agreement between you and Optimizely regarding your use of and access to the Websites. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.
  14. CLAIMS OF COPYRIGHT INFRINGEMENT. DMCA Notices: If you believe your work has been copied on our Website in a way that constitutes copyright infringement, please notify us by providing the following information: (i) Your physical or electronic signature; (ii) Identification of the copyrighted work claimed to be infringed; (iii) Identification of the material that is claimed to be infringing and its location on our Website; (iv) Your contact information (address, telephone number, and email); (v) A statement that you have a good faith belief that the disputed use is unauthorized; and (vi) a statement that the information you have provided is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Contact Information: Send your notification to Optimizely North America Inc., Attn: General Counsel, 119 Fifth Avenue, 7th Floor, New York, NY 10003, USA. Email: GeneralCounsel@Optimizely.com. Counter Notification: If you believe your material was removed by mistake, you may file a counter-notification with the following information: (a) Your physical or electronic signature; (b) Identification of the material that was removed and its prior location on our Website; (c) A statement under penalty of perjury that you believe the material was removed by mistake; and (d) Your contact information and a statement consenting to the jurisdiction of the Federal District Court for your address or any jurisdiction where we are located. Procedure: Upon receipt of a valid counter-notification, we will notify the original complainant and restore the material within 10-14 business days unless the complainant files a court action.