TERMS & CONDITIONS

Last Updated March 2017

This Website Terms of Use Agreement (“Website Terms”) is between you and Optimal Credit, LLC, its past, present, or future parents, subsidiaries, affiliates, predecessors, assignees, successors, and their respective agents, employees, directors, officers, partners, and members (whether acting in their corporate or individual capacity) (“Optimal,” “we” or “us”), with a principal place of business at 17777 Center Court Drive Suite 600, Cerritos, CA 90703. Notwithstanding any language in the Website Terms to the contrary, the Website Terms have the same effect as an agreement in writing and govern your use of this site and its content (the “Website”), your engagement of Optimal’s legal services, your request that Optimal contact you about its credit repair services, and/or your participation in Optimal’s Text Message Program. Optimal’s “Text Message Program” includes sending text message(s) to Optimal and/or receiving text message(s) from Optimal.

BY USING THE WEBSITE, ENGAGING OPTIMAL CREDIT’S LEGAL SERVICES, REQUESTING THAT OPTIMAL CONTACT YOU ABOUT ITS CREDIT REPAIR SERVICES, AND/OR PARTICIPATING IN OPTIMAL’S TEXT MESSAGE PROGRAM, YOU SIGNIFY YOUR AGREEMENT TO THE WEBSITE TERMS.

Optimal’s Privacy Policy applies to your use of Optimal’s website, all services provided by us, your request that Optimal contact you about its credit repair services, and/or your participation in Optimal’s Text Message Program, and its terms are made a part of the Website Terms. To view Optimal’s Privacy Policy, click here. By using Optimal’s website, engaging our services, requesting that Optimal contact you about its credit repair services, and/or participating in Optimal’s Text Message Program, you acknowledge you have reviewed Optimal’s Privacy Policy and agree to its terms.

BY USING OPTIMAL’S WEBSITE, ENGAGING OPTIMAL’S LEGAL SERVICES, REQUESTING THAT OPTIMAL CONTACT YOU ABOUT ITS CREDIT REPAIR SERVICES, AND/OR PARTICIPATING IN OPTIMAL’S TEXT MESSAGE PROGRAM,

YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND OPTIMAL ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PART OF ANY CLASS. A “CLAIM” IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND OPTIMAL, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE WEBSITE TERMS OR THE ARBITRABILITY OF ANY CLAIM PURSUANT TO THE WEBSITE TERMS. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH OPTIMAL. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAW SUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST OPTIMAL IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST OPTIMAL IN ANY JURISDICTION IN THE UNITED STATES. OPTIMAL WILL REIMBURSE YOU UP TO $300 OF YOUR ARBITRATION FILING FEE. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided, however, that the terms of the Website Terms shall control over any inconsistency between the Rules of the American Arbitration Association and the Website Terms). The arbitrator shall have authority to interpret the Website Terms, including but not limited to the authority to decide whether any claim is arbitrable under the Website Terms and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator’s jurisdiction, and the enforceability of the Website Terms. You agree that the Website Terms involves commerce under 9 U.S.C. §§ 1 et seq. and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The remainder of the Website Terms is governed by the laws of the state of Utah, as provided in Section 17 below. 

  1. About the Website Terms

The Website is a service made available by Optimal. If you do not agree to the Website Terms, you may not use the Website. We may modify the Website Terms at any time. If you do not agree to the changes, you must discontinue using the Website, discontinue using Optimal’s services, rescind your request that Optimal contact you about its credit repair services, and/or discontinue your participation in Optimal’s Text Message Program before the changes take effect. Your continued use of the Website, use of Optimal’s services, request that Optimal contact you about its credit repair services, and/or participation in Optimal’s Text Message Program after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log in to the Website, continue using Optimal’s services, continue your request that Optimal contact you about its credit repair services, and/or participate in Optimal’s Text Message Program, you reaffirm your acceptance of the Website Terms. You are responsible for regularly reviewing the Website Terms, by clicking on the “Terms of Use” link at www.Optimalcredit.com. The Website Terms may be supplemented by additional terms and conditions applicable to privacy, specific areas of this Website, or to where particular content or transactions are posted in particular areas of the Website and, together with the Website Terms, govern your use of those areas, content, or transactions.

  1. About the Website

The Website gives users information about Optimal’s credit repair services, general educational and informational resources about credit, and the ability to sign up for and engage Optimal’s services.

  1. Engagement of Optimal’s Services

You are not required to engage Optimal’s services in order to visit and read material on the Website; however, you will need to engage Optimal’s services if you want it to assist you in your efforts to improve your credit reports and rating. If you engage Optimal, you agree to provide accurate and complete information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to your sign-up information. Each engagement is for a single person only. We do not permit any other person to engage Optimal’s services on behalf of another unless you have an appropriate Power of Attorney. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify Optimal immediately by emailing support@optimalcredit.com

If you participate in Optimal’s Text Message Program after you engage Optimal, you may stop receiving servicing text messages by texting STOP (and no other words or characters) to the short code from which you received the Optimal text message(s). Almost all STOP requests are taken care of immediately, but it may take up to 3 business days from the date you text STOP to be removed from Optimal’s texting list(s). Note that texting STOP in response to a servicing text message will only stop servicing text messages and will only stop text messages to the phone number you used to text STOP.

  1. Case Files

Should you choose to engage Optimal’s services, you will enter into a separate written agreement with Optimal. Each legal file we create in conjunction with this separate written agreement is called a “Case File.” Your Case File will continue to be subject to the agreements otherwise governing them, except where so noted in the related agreement. Each Case File will be subject to the following:

  • The terms or instructions appearing on a screen when using the service;
  • Optimal’s policies and procedures applicable to the Case File and the online service;
  • Applicable state and federal laws and regulations.
  1. Access to Case Files

You authorize Optimal to provide access to your Case File through its online services. You may access your Case File at www.optimalcredit.com/login/ (the “Client Website”) to obtain account payment information, a sequential docket of services provided, and notes made to the file, credit report information received from you by Optimal and input into your file, your disputing instructions, and other information. To access a Case File through the online service you must have a password and the required hardware and software. Subject to the terms of this agreement and any separate written agreement(s), you will generally be able to access your Case File through the Client Website seven days a week, 24 hours a day. Case File information is posted to the file at the time work is completed on the Case File.

At certain times, the online services may not be available due to system maintenance or circumstances beyond our control. During these times, you may call Optimal at (800) 881-0716 or send an E-mail to support@optimalcredit.com to obtain information about your Case File.

  1. Ownership

The Website contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the “Content”) that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by Optimal or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, Optimal retains all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications and improvements related to the Website (the “Technology”) (the terms Content and Technology collectively will be referred to as the “Materials”). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.

  1. Use of Website and Materials

Optimal provides the Website and the Materials for your individual, non-commercial use and solely for the purpose of carrying out individual transactions with the Website. Any other use of the Website or the Materials is strictly prohibited. You may not, either directly or indirectly:

  • Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Website or Materials without the express written permission of Optimal or the applicable rights holder;
  • Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers;
  • Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;
  • Use any network monitoring or discovery software to determine Website architecture, or extract information about usage or users;
  • Reformat or frame any portion of the Website or Materials;
  • Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
  • Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • Attempt to gain unauthorized access to other computer systems;
  • Violate the Website Terms, applicable law or the rights of others; or disrupt or interfere with the security of, or otherwise cause harm to, the Website.

Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

  1. License

By using the Website, uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) Optimal a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content.

Anonymous, aggregate information that does not contain personally identifiable information, comprising account information, or other available data that is collected through your use of the Website, may be used or licensed by Optimal for various purposes including but not limited to conducting certain analytical research, performance tracking, benchmarking, helping to improve products and services and to assist in troubleshooting and technical support.

  1. Automated Activity

The Website may use robot exclusion methods, which include robots.txt files and HTML meta tags, which expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to Optimal by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing “offline” searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.

  1. Linking

You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Optimal notice of such link by sending an e-mail to support@optimalcredit.com and (c) you discontinue providing links to this Website if requested by Optimal. If you wish to provide links to a section within the Website, you should forward your request to Optimal at support@optimalcredit.com and Optimal will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission.

  1. Representations

You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Website Terms and applicable law and (d) your use of the Website and any transactions that you make with us will not violate the rights of any third party.

Optimal’s services and Website, the underlying information, software and technology are subject to U.S. export controls. None of the Website services or content may be downloaded, or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria or any other country subject to U.S. sanctions applicable to the export or re-export of goods, (ii) to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List, or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List or Nonproliferation Sanctions List. By using Optimal’s services and Website, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you acknowledge you are responsible to obtain any necessary U.S. government authorization to ensure compliance with U.S. law.

  1. Disclaimer

Optimal makes every effort to ensure the information presented in, on or through its Website is accurate; however, Optimal makes no guarantee as to such information, and is not responsible for any resulting loss or damage.

  1. Warranty, Liability, Indemnification

Optimal makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that Optimal shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.

THE WEBSITE AND MATERIALS ARE PROVIDED BY OPTIMAL ON AN “AS IS” BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. OPTIMAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF THE WEBSITE.

IN NO EVENT SHALL OPTIMAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. OPTIMAL SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.

OPTIMAL DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR THEIR HARMFUL COMPONENTS. OPTIMAL’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY OPTIMAL SHALL BE CANCELLATION OF YOUR ACCOUNT.

  1. Indemnity

You agree to indemnify, defend, and hold harmless Optimal, its officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any representation or obligation under the Website Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

  1. Privacy

We may, subject to and in accordance with our Privacy Policy for marketing and other purposes, collect, process and transmit certain data obtained from and about you during your accessing of the Website or during a phone consultation, including information collected while an abandoned transaction. By agreeing to the Website Terms, you agree to such data being so used and further agree that it may be transmitted to others whether or not within the United States in accordance with our Privacy Policy and under applicable privacy and data protection legislation. Information on how and what type of data (if any) is held about you can be obtained by clicking here to review our Privacy Policy or by contacting us.

  1. Electronic Notices and Transactions

You agree to transact with us electronically. This means you agree to accept any terms and conditions and to transact any business with us by electronic means, which includes receiving all documents in HTML or PDF format and communicating over the Internet. You also certify that you are at least 18 years of age and have access to the Internet to receive Optimal’s services, to request that Optimal contact you about its credit repair services, to participate in Optimal’s Text Message Program, and to view, print and retain all documentation. You authorize us to send you important notices about the Website and any pending transactions to an email address you provide to us, if you are a client of Optimal or have requested that we contact you about our credit repair services. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website or Optimal’s services. You can retrieve and review the Website Terms at any time by visiting https://www.optimalcredit.com and may receive paper copies by calling Optimal at 1-800-881-0716.

  1. Access

You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.

  1. Notice Regarding Technology

Your use of the Website must comply with all applicable laws in the territory in which you access and use the Website.

  1. Miscellaneous

Optimal reserves the right to investigate complaints or reported violations of the Website Terms and to take any action Optimal deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e- mail addresses, usage history, posted materials, IP addresses and traffic information. Optimal reserves the right to seek all remedies available at law and in equity for violations of the Website Terms, including but not limited to the right to block access from a particular Internet address to any Optimal website. These incorporate by reference any notices contained on the Website and constitute the entire agreement with respect to access to and use of the Website, your request that Optimal contact you about its credit repair services, and/or your participation in Optimal’s Text Message Program. You agree that the provisions and covenants set forth herein are reasonable. In the event that any provision or covenant of the Website Terms shall be held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction for any reason, including but not limited to the scope thereof, then such provision will be severed and replaced with a new provision that most closely reflects the original intention thereof, and the remaining provisions of the Website Terms will remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Without limiting the foregoing, you agree and request that if any court or arbitrator of competent jurisdiction considers any provision or covenant of the Website Terms to be overly broad based on the circumstances at the time enforcement is requested, that such court or arbitrator construe and enforce the provision or covenant to the fullest extent that such court or arbitrator deems reasonable.

THE WEBSITE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, USA, AS THEY APPLY TO AGREEMENTS MADE SOLELY THEREIN, PROVIDED, HOWEVER, THAT THE ARBITRATION CLAUSE IS GOVERNED BY FEDERAL LAW. The Arbitration Clause, the obligations in the first four paragraphs of the Website Terms, Sections 5 through 8, 10 through 15 and 17 through 20, shall survive termination of the Website Terms.

Optimal shall not be deemed to have waived any rights or remedies in the Website Terms unless such waiver is in writing and signed by Optimal. No delay or omission on the part of Optimal in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a waiver of any rights or remedies on future occasions.

The Website Terms constitutes the entire agreement and understanding between you and Optimal, except as you and Optimal may later agree in writing to modify the Website Terms. The Website Terms supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter contained herein.

  1. Confidentiality of Information / Creation of Attorney-Client Relationship

The information presented on the Website does not create an attorney-client relationship. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON THE WEBSITE ARE FOR INFORMATION ONLY (EXCEPTING OPTIMAL’S PRIVACY POLICY AND THE WEBSITE TERMS, WHICH ARE BINDING CONTRACTS), ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL ADVICE REGARDING YOUR PARTICULAR CIRCUMSTANCES, YOU MUST RETAIN LEGAL COUNSEL. Optimal does not represent or guarantee the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. Optimal reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.

Any information contained on the Website with respect to results obtained by Optimal is not meant to indicate that the same or similar results can or will be obtained in other cases or situations. Results will vary depending on the facts and circumstances of each individual matter. Prior results do not predict, warrant or guarantee a similar outcome. References to past or present clients or the circumstances of their specific matters do not constitute testimonials or endorsements by such clients, nor are they a guarantee, warranty or prediction of the outcome of your legal matter.

Electronic mail or other communications through this site to Optimal (or any of its lawyers, other employees, agents or representatives) are not secure and are not subject to the attorney-client privilege. Accordingly, Optimal does not guarantee the confidentiality of such communications. You acknowledge that transmissions to and from the Website are not confidential and your communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose including but not limited to repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law. You acknowledge that by submitting communications to Optimal, no confidential, fiduciary, contractually implied or other relationship is created between you and Optimal other than pursuant to the Website Terms and any subsequent written agreement entered into with Optimal.

You are solely responsible for (a) maintaining the confidentiality and security of your login information, passwords, and any other security or access information used by you or anyone you authorize on your behalf to access the Website and your account information, (b) preventing unauthorized access to or use of the information, files, or data that you store or use in or with Optimal’s Website, (c) all electronic communications, including account registration and other account holder information, email and financial, accounting and other data entered using the Optimal Website, and (d) without limiting the foregoing, any and all activities that occur under your account. Optimal will assume that any communications received through the use of the Optimal Website was sent or authorized by you. You agree to immediately notify Optimal if you become aware of any loss, theft, or unauthorized use of the Optimal Website or your account information,

Please do not use the information on our Website to distribute unsolicited bulk e-mails, solicitations or inquiries. The foregoing acts will constitute a violation of the Website Terms.

To the extent the State Bar Rules in your jurisdiction require us to designate a single attorney responsible for the Website, Optimal designates Erwin Hayes II, located at 17777 Center Court Drive Suite 600, Cerritos, CA 90703, as the representative responsible for the Website.

  1. Use of Financial Application Services

Optimal’s Website will allow you access to third party provider services (“Provider Services”). Optimal has no control over the Provider Services or your access to the Provider Services. Optimal does not guarantee the Provider Services. By using the Provider Services, you acknowledge Optimal disclaims any and all liability whatsoever for any actions or inactions of Provider Services.

Optimal provides the Website for your convenience. You use and rely on the information therein at your sole risk. Neither Optimal nor any of its affiliates, third party providers, partners, licensors, employees, distributors or agents is responsible or liable for, or makes any representations or warranties as to the following, without limitation:

  • Any representations, promises, recommendations or inducements that may be made by or through any party (including vendors) found at, on, through or from the Website;
  • The timeliness, accuracy, reliability, completeness, legality, copyright compliance or decency of the Website;
  • Any inaccuracy, omission, error or delay in the services offered on the Website;
  • Non-performance of or interruption to the Website or its services due to (i) any act or omission by any disseminating party, (ii) any force majeure or any other cause beyond the control of any disseminating party, or (iii) outages, transmission quality or malfunctions of telephone circuits or computer systems, including any defects or failures with respect to your software computer systems or Internet access provider;
  • Any loss resulting from, including any unauthorized access by a third party, arising out of or related to your access and/or use of or interaction with the Website.

PRIVACY POLICY

Last Updated March 2017

Your information is safe and secure with Optimal.

Protecting your privacy is extremely important to Optimal. We guarantee to use the latest technology and adhere to the most stringent confidentiality procedures in the market to keep your personal information confidential. By ensuring that you are aware of and understand the Optimal Client Privacy Policy, we can provide you with better service. Please take a moment to read the following policy to learn how we handle your personal information. If you have any questions, concerns, or comments about the Optimal Client Privacy Policy, please feel free to contact us.

Our Company – Wide Commitment to Privacy

To make sure your personal information remains confidential, we communicate these privacy guidelines to every Optimal employee and staff member. Optimal does not knowingly solicit personal information from children or send them requests for personal information. Optimal’s web site may contain links to other sites. Optimal does not share your personal information with those web sites and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies. If we are going to use your personal information differently from that stated at the time of collection, we will try to contact you via email using the most recent information we have. If you have not given us permission to communicate with you, you will not be contacted, nor will we use your personal information in a new manner.

Privacy Safeguards We Use to Protect You

Optimal safeguards the security of the data you send us with physical, electronic, and managerial procedures.

  • Our website uses industry-standard Secure Sockets Layer (SSL) encryption wherever sensitive personal information is required. Our servers are maintained in secure facilities behind the latest firewall technologies.
  • The login schema utilized in the online account access we offer you utilizes the most modern and sophisticated approach to security. Access requires usernames and passwords that employ a combination of letters and numbers making the chance of unauthorized login virtually nonexistent.
  • To sign-up for service or to obtain account access one must also use an SSL-enabled browser such as Netscape Navigator 3.0 or later, or Internet Explorer. This protects the confidentiality of your personal information, and credit card or checking account information while it is transmitted over the Internet.
  • Our staff is granted only limited and pertinent access to the information necessary to perform service on your account. Your data cannot be transmitted or downloaded from our system by members of our staff.
  • The Optimal Customer Privacy Policy is subject to change at any time. We encourage you to review the privacy policy regularly for any changes. If you have any questions, concerns, or comments about the Optimal Client Privacy Policy, please feel free to contact us.

Ways You Can Help Keep Your Information Secure

We urge you to take every precaution to protect your personal data when you are on the Internet. Here are some helpful tips to consider whenever handling your important information with us or anywhere else on the internet

  • Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.
  • Don’t use the same password for different websites. This way if anyone ever gets your password they will only have it for one website.
  • Never share your login information with anyone you would not want to have full access to all of your information.
  • Avoid login on any public computer or computer that is not solely yours. If you must, be sure to logout when you are finished. Be sure that there are no spyware applications installed on the machine and empty all stored cookie or cache information.
  • Notify us the moment you feel there has been a breach of privacy or security on your end.

Why Do We Need to Collect Personal Information?

In order to provide the types of services we provide to you we must collect certain necessary information in order to perform those services. We collect personal information to enroll you in our service and to provide our services for you. Once you have retained Optimal, we use your personal information to correct inaccuracies, mistakes, and misleading items on your credit reports. Additionally, we use your personal information to provide you with superior customer service, and to communicate with you regarding your case. We also use your personal information to keep you up to date on the latest service announcements, feature updates, special offers, and other information we think you would like to hear about.

What Type of Information Do We Need to Collect?

The personal information that we collect is limited to the information that you provide to us when you sign-up for and use our services. This information consists of your name, address, email address, phone number, social security number, date of birth, and billing information. Additionally, you will provide the information contained on your credits reports to Optimal in order for us to provide our service. All personal information that is provided to and maintained by Optimal is available for review and edit directly through our online Client Access Center. Additionally, you may contact us if you would like us to review and edit your personal information for you.

How Do We Collect the Information We Need to Collect?

We collect information about you at the time you sign-up for our service, and any time we enter information from your credit report into our database in order to facilitate your service, particularly for our client portal pages where you may continually update your information and review the status of your case. All personal information our clients provide is stored in a secure database for the sole purpose of rendering our services to you. When you browse Optimal’s web site, you are able to do so anonymously. Generally, we don’t collect personal information when you browse – not even your email address. Your browser, however, does automatically tell us the type of computer and operating system you are using.

When Do We Disclose Information We Need to Disclose?

We maintain strict confidence of your personal information. The ability to communicate with our clients during any part of the credit recovery process is absolutely essential and, as a result, your personal information may be shared internally with other Optimal employees. They will protect your personal information in accordance with the Optimal Customer Privacy Policy. Optimal works with other companies that help us provide Optimal services to you, and we may provide your personal information to these companies. For example, should we need to forward written documents to you we give shipping companies this information, so they can deliver more efficiently. The information they receive is for shipping and delivery purposes only, and we require that the companies safeguard your personal information in accordance with Optimal’s policies. Optimal will not share, sell, transfer or convey your personal information to any unaffiliated companies or third parties which are not necessary to perform our services unless you specify otherwise.

Your Information Is Safe with Us

Optimal will not share, sell, transfer or convey your personal information to any unaffiliated companies or third parties which are not necessary to perform our services unless you specify otherwise.

CANCELLATION & REFUND POLICY

Last Updated March 2017

  1. Services are provided on a month-to- month basis and clients may cancel their service at any time at least (10) ten days in advance of any upcoming recurring payment. When cancelled according to these terms, the upcoming recurring payment will constitute the final payment due for services rendered. All services are billed in arrears. At the time of cancellation, the client is eligible for a refund of their most recent monthly charge collected within the last 30-days.
  2. You may cancel your service at any time. Upon cancellation, services will be stopped, and you will be liable for deletions removed within the last billing period, prior to cancellation.
  3. If for any you are not satisfied with our service, we will refund you the last month of service.