Terms and Conditions of Use
Following are the rules concerning the right use of the Optimum Drives.com website, our offered products and services, included but not limited to, our product directory, listings, and external links redirecting users to any other website.
Optimum Drives (the "Company") reserves the right to change its TCUS every so often, if need be. Users hold the responsibility of checking our site time to time to learn about the new updates and changes done on the website. Following the changes in Optimum Drives TCUS, your presence and use of the website will be deemed as an acceptance of any change(s).
Users below the age of 13 are strictly banned from the use of our website, from any posting of personal and identifiable information. Our website is not intended for use by individuals aged 13, or under.
Access Rights and Authorization
Optimum Drives (the "Company") allows users an inclusive right and authorization to browse and access the website for any personal, commercial, or noncommercial, included but not limited to, purchase of items for use or re-sale. However, our access rights and authorization strictly excludes the following actions:
- resale of the website or its respective contents
- bans the collection and use of its product listings, titles, descriptions, and prices, unless specifically authorized
- plagiarized, copied use of our website or its respective contents
- restricts data mining, robots, data gathering, and extraction tools.
Optimum Drives, (the “Company”), as whole, including but not limiting to, its operations and processes, interface, contents, is entirely covered under the US copyright law and international law and treaty. It shall not be, in any way, reproduced, replicated, imitated, sold, exploited, maliciously visited, or resold for any illegal and non-acceptable purposes unless consented.
Any malicious and illegal use of the website shall immediately result in the license’s termination and rights allowed by the company, and may possibly subject you to legal trial and examination.
You are allowed a restricted, revocable, and inclusive option to make hyperlinks to any page of the website as long as the created link restricts the display of the website, the Company, its associates, partners, co-brand accomplices, Licensors, and any other partners, its products and services, in a deceiving, harsh, or in any way, invasive, or harming way.
You shall not use any Licensor, associate, subsidiary, co-brand partner, partner logo, or registered graphic or trademark associated with Optimum Drives, as part of a link to the website unless otherwise allowed in written form by the Company, its subsidiary, associate, co-brand partner, or other partner or Licensor.
Product Listings and Content
Optimum Drives aims and works to offer accurate information for all of its offered products; their descriptions, titles, displayed pictures, prices, links, compatibility references, and other related information mentioned on the website. However, as concerned with human capacity, it cannot guarantee or warrant that the mentioned information and related content on the website, irrespective of its source, will be completely accurate, reliable, updated, or error free.
Optimum Drives’s offered content on the website is solely for informational purpose and does not create any endorsement of any offered product, service, reseller, manufacturer, or other related entities. Optimum Drives doesn't, in any capacity, accept any accountability or risk for a products content, title, representation, description, or inaccuracy, or inadequacy. If in case a product or service offered by the company has wrong data or inaccurate price because of any typographical, technical, or other miscalculation, the company will, at its sole caution, reserve the right to reject or refuse orders placed for the product or service in question, and thereby also immediately review and update the product or service’s information.
Links to Sites and Businesses
To helps users take their purchase decision, our website includes links (hyperlinks) to other manufacturers websites, informational third-party blog sites, review sites, associated companies and partner sites, and other sources. Each link provided by the Company is solely for informational purposes and for customers help. It is clear that the Company does not, in any way, associates these links with any endorsements for the third party sites’ content or for their business practices.
Optimum Drives owns no control or authority over the businesses linked to its Site or any of their business operations and processes. The Company, in no way, controls or takes responsibility of the contents, legality, and safety of the products and services offered on the hyperlinked website or business, neither does it take charge or control business transactions carried out on the linked businesses and websites.
In case of any disagreement or misconduct between a user and any business site redirected to, through Optimum Drives.com, to any maximum extent permitted by the applicable law, the user hold innocent and discharge Optimum Drives. Inc., its members, subsidiaries, associates, or any other affiliated parties, its respective officers, executives, workers, agents, or legal representatives, from any or from all dues and statements or damages, whether known or unknown, suspected or unsuspected, emerging out of or in any way associated with any such misconduct or disagreement.
If in case the said user is a California resident using our site, you hereby waive the rights granted under the California Civil Code 1542, stating "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor".
Optimum Drives’ trademarks, service marks, logos, graphics (the "Trademarks") that appear on Optimum Drives internet site are all registered trademarks of Optimum Drives, Inc. Any use of or linking to Optimum Drives Trademarks or to Optimum Drives Site(s) must comply with stated (TCUS).
You cannot purchase Optimum Drives’ brand name, trademark, language syntax, contents, nor can you create its byproducts, or purchase its mentioned keywords to drive traffic to its competitors.
When you purchase a product from the product listing of Optimum Drives, you receive an order acknowledgement from the website allowing and acknowledging your order. It is, however, not a contract and does not create order acceptance and only serves as an order record, specifying your purchase and its pricing.
After you place an order, Optimum Drives will determine whether or not to fulfill your order. Optimum Drives reserves the right to cancel or limit your order due to any reason which may not necessarily be disclosed.
When you place and order with Optimum Drives, you rightfully and consensually agree to be bonded by all mentioned Terms and Conditions (TCUS) set forth anywhere on the Site, including Optimum Drives Terms and Conditions of sale. Optimum Drives reserves the right to accept, refuse, or limit your order for any reason, including but not limited to, credit review, the unavailability of a product, or errors in prices and product descriptions posted on the Site.
By placing your order, you agree that Optimum Drives’ total liability, under any legal theory or claim, shall be limited to the purchase price actually paid to Optimum Drives for the product. Optimum Drives’ liability does not include any shipping and handling charges, and which remains, at all times, non-refundable.
The Company quotes all prices in US Dollars, exclusive of tax, duty, customs, clearance, forwarding duties and charges for international orders, including also freight and handling charges in user’s home countries. Sales tax is applicable on all products sold to Texas customers, therefore, if you are a reseller residing in Texas, you will be asked to provide a valid resale tax exemption certificate. If you fail to provide us your resale tax exemption certificate, your sales tax will not be waived off and it will invalidate all your eligible tax exemptions.
Shipment of all products shall be FOB Optimum Drives’ warehouse, unless otherwise stated.
In case of any damage, delay, or loss in the delivery process, or any mishandling in the delivery process, customers shall directly contact and deal with their carrier service.
Customers also reserve the right to communicate their shipping instructions to the carrier service in the order placement process. However, if there are no instructions communicated by the customer, Optimum Drives will choose a shipping method that best serves the customer’s ordered product’s delivery. The Company is not liable, under any conditions, for any delay or damage incurred during the freight delivery process. In addition, any delay in shipment because of the customer, in any circumstance, the Company shall store the ordered products at the risk and expense of the customer.
Risk of any Damage or Loss to the Product
In case of the FOB shipping procedure, any risk, loss, or damaged to product will be solely passed onto the customer, their representative, or freight/carrier service.
Orders accepted by Optimum Drives can NOT be subjected to change or cancellation by a customer without the written consent of Optimum Drives or its authorized representatives.
Any order cancelled, replaced, or changes will have a minimum handling fee of the greater of $25, or 15% of the order’s value.
If you are to cancel or change your order, you shall call our customer care service or sales support during our operational timings. No order cancellation emails will be accepted.
Optimum Drives may reject or cancel, at its own will, an order in case of a product’s non-availability or a back order status. We are apologetic to you for any such inconvenience.
It is requested that you become aware, check, or understand that some of the products from our listings may not be in stock. Therefore, when placing an order, please review the stock details.
If the Company no longer offers/stocks a product that it has received by a customer for replacement, or if the item is on occasion out of stock, it will be sent to the RMA Department. In such a circumstance, the customer will have two options:
- Optimum Drives send you a comparable replacement item, or
- Optimum Drives issue a refund valuing the current market value of the ordered product. In any such case, the current market value price may not exceed the item’s original invoiced price.
In case of commencement of any legal action, to deduce or impose the terms of this Agreement, jurisdiction and venue shall be in the Municipal or Superior Courts of the, State of Texas, and/or in the United States District Court, Central District of Texas, or elsewhere, depending upon the mutual agreement of the concerned parties.
Central Law & Regulation
Any queries with respect to the structure and creation of this agreement, rights and responsibilities of the parties, as provided for under the documents terms, shall only be determined and set under the applicable law of the State of USA.
In case any legal act, settlement, proceedings are carried out in accordance with the clarifications or implementations of this agreement, or concerning a party’s rights, due to any alleged breach of agreement, misconduct, or dispute, successful or the principal party shall be allowed to recover reasonable attorney's expenses, or other related costs.
Drop ship Requests for Product by Customers
In case a customer requests our Company to deliver or ship their product to a third party, the customer and the final recipient third party will both have to be bound by this agreement’s terms and conditions.
Any terms and conditions mentioned and/or presented in the customer’s orders, which may are in clash with Optimum Drives TCUS, will all be inapplicable without any written agreement of Optimum Drives. Therefore, all orders accepted by Optimum Drives shall be subjected to the TCUS.
Acceptance and Confirmation
Use of Optimum Drives site will create and set up receiving and acceptance of the Terms and Conditions of Use mentioned on site. An acceptance of any product secured by a customer’s order shall constitute an acknowledgment concerning all mentioned TCUS.
Purchase Money Security Interest
When an order is successfully completed, delivered, and accepted by the customer, the customer allows Optimum Drives the right to ‘continuing purchase money security interest,’ as security for any due or timely payments of all payable amounts under any purchased order from the customer. It grants hereby the rights in all products or any proceeds the customer has any right, title, or interest in.
Customers shall join with Optimum Drives at its punctual request in order to complete financing statements, any adjustments, or continuation statements, and pay the filing cost of the same at any time Optimum Drives estimates necessary; customer shall complete and deliver to Optimum Drives all documents, devices, and do as Optimum Drives may request in order to fully effectuate this Security Interest.
If in case the customer/buyer is in default under the provided security agreement, Optimum Drives reserves the right to request for remedies applicable by the Law.
Optimum Drives makes no representation, in any way, known or unknown, regarding any intellectual property rights it may or may not have on its websites product listing.