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Website terms of use

The Optimizely group of companies, which comprises Optimizely North America Inc (formerly, EPIServer Inc) and Optimizely AB (formerly, EPiServer AB) and their respective affiliates (collectively, "Optimizely") operates each website ("Site") that links to these Terms of Use to provide online access to information about Optimizely and the products, software, services, and opportunities we provide. By accessing and using the Site, you agree to these Terms of Use.

Optimizely is also committed to protecting your privacy rights. This Optimizely Website Terms of Use also describes how Personal Information is collected and used on the Site and your choices as it relates to Personal Information collected from the Site. By visiting this Site, you consent to the principles for collection and usage of Personal Information described in this Terms of Use, as well as submit to being subject to the Optimizely Privacy Notice. If you do not agree with how your Personal Information is collected and used as set forth in this Terms of Use, then you should not access the Site.

Permitted Use of This Site

You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about Optimizely products, software and services, and solely in compliance with these Terms of Use.

Non-Permitted Use of This Site

By accessing the Site, you agree that you will not:

  • Use the Site in violation of these Terms of Use;
  • Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so.
  • Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Site in any way.
  • Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Optimizely servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.
  • Use the Site in any manner that damages, disables, overburdens, or impairs any Optimizely website or interferes with any other party's use and enjoyment of the Site.
  • Mirror or frame the Site or any part of it on any other website or web page.
  • Attempt to gain unauthorized access to the Site.
  • Access the Site by any means other than through the interface that is provided by Optimizely for use in accessing the Site.
  • Post, upload, submit, input, or provide in any manner materials, data, content, code or information of any kind that violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
  • Post, upload, submit, input, or provide in any manner materials, data, content, code or information of any kind that contains any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any other applicable law or regulation.
  • You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the Materials you supply do not violate these Terms of Use.
  • Use the Site for any purpose or in any manner that is unlawful or prohibited by this Terms of Use.

Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.

Copyrights and Trademarks

The Site is based upon and uses proprietary Optimizely technology, intellectual property, and Content. The Site is protected by applicable intellectual property laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site and Content, belongs to and is the property of Optimizely unless otherwise explicitly noted. Except as specifically permitted on the Site explicitly giving such permission, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Optimizely, the Optimizely logos, product/service names and other marks used by Optimizely from time to time are trademarks and the property of Optimizely. The appearance, layout, color scheme, and design of the Optimizely.com site are protected trade dress. You do not receive any right or license to use the foregoing. Optimizely may use and incorporate into the Site, Content or Optimizely software and/or services any suggestions or other feedback you provide, without payment or condition.

Links to Third-Party Sites

This Site may contain links to other sites for convenience. Your use of these links will make you leave the Site. Optimizely is not responsible or liable for the terms of use or privacy practices of such other sites, the availability of any such websites, or the content thereon. Optimizely encourages users to be aware when they leave the Site and to read the terms of use and privacy statements of sites that collect personally identifiable information. This Terms of Use applies only to information collected on the Site.

Handling Personal Information

The Personal Data Act (1998:204 Swedish law) came into force 1 October 1998 and was fully applied 1 October 2001 (“Act”). The Act prevents the violation of personal integrity by processing personal data. Optimizely, company number 556208-3435, Regeringsgatan 67, 103 86 Stockholm, Sweden is responsible for the information provided to Optimizely and its subsidiaries.

The Act is based on the European Union’s Directive 95/46/EC, which comprises a general framework of data protection practices for the processing of personal data, which includes Personal Information we collect about you by visiting this Site. For more information, please visit the Optimizely Privacy Notice.

How Personal Information May be Collected

Optional Registration

Some of the online services or functions of the Site require registration. Some examples of when Personal Information is collected are when you sign up for a course, request contact from a sales representative and request pricing of Optimizely solutions. The information collected may be any information that could personally identify you and includes but is not limited to your name, email, company name, role, country, state, and contact information (“Personal Information”). If you want to just browse the Site, then registration is optional.

Notice of Use of Cookies

A cookie is a small text file that visited websites save on your computer. Cookies are used to provide visitors access to various functions. The information in the cookie may be used to track your internet usage. Under the Electronic Communications Act, all visitors to a website with cookies must have access to information stating that the website contains cookies and the purpose for which cookies are used see Cookie Notice.

Name of Cookies, Domains and Purposes

This information can be provided upon request.

Optimizely Personalized Find, Optimizely Perform, Optimizely Insight, and Optimizely Advance

On this Site, the personalization and behavioral analytics tool Optimizely Personalized Find, Optimizely Perform, Optimizely Insight, and Optimizely Advance are used to give you the best personalized and contextualized experience with the Site.

Optimizely Personalized Find, Optimizely Perform, Optimizely Insight, and Optimizely Advance uses cookies to collect information on your browsing interests and in turn present personalized and contextualized information specific to your interest, for example, based on the Content you have viewed on the Site, presenting other Content you may be interested in. The purpose is to help us improve the usability of the Site. The information generated through your Site usage is stored by Optimizely and are subject to Optimizely’s Privacy Notice.

Optimizely

The Site uses Digital Experience Platform (Content Cloud, Commerce Cloud and Intelligence Cloud) to demonstrate these products in use, host content and provide visitors additional features. This includes changing content based on user behavior. Collected information never leaves Optimizely or its products unless otherwise specified and explicitly opted into by the visitor.

Google Analytics

On this Site, the web analytics tool Google Analytics is used to get an overall picture of how visitors use the Site.

Google Analytics uses cookies to collect information in an anonymous form (aggregated), for example, the number of page views, how visitors have arrived at the Site, and the number of visits. The purpose is to help us improve the usability of the Site. The information generated through your Site usage is redirected to and stored by Google Inc. IP addresses are anonymized.

Google may transfer the collected information to a third party if it is required by law or in case a third party processes the information on Google’s account.

Use of Personal Information

By filling in web forms, providing registration details or, in any other way, providing Optimizely with Personal Information, you hereby approve the following conditions for the handling of your Personal Information. The Personal Information collected by Optimizely is used to fulfill our commitment to you as a user of Optimizely's services, and to be able to maintain our customer registry. The information may also be used for customized information and for marketing purposes. Your Personal Information may be shared with Optimizely's partners, in certain cases outside the European Union, so that they will be able to send you information about their products and services (see Optimizely’s Privacy Notice for more information). Optimizely may also distribute or deliver the Personal Information registry to a third party, if that third party either partly or fully takes over Optimizely's business activities.

Cookies are used in the following situations on this Site

When you log on, cookies are used to store your logon information. If cookies are denied at logon, the logon dialog will be displayed for each page requiring logon.

If you answer/send in a form, a cookie will be sent to remember that you have sent a form.

The website uses cookies in order to collect information about how the pages are used.

Information about what server your PC is connected to, what type of browser, how often you have been visiting our website, what pages you have visited is stored. The information is used for analyzing statistics regarding the use of the Site.

The website uses cookies for a Site maintenance-pop up. The information is used so that the visitor will only see the pop-up once.

Optimizely may release Personal Information concerning your use of the Site when it believes in good faith that such release is appropriate to comply with the law (for example, pursuant to a statutory demand, subpoena, warrant or court order). In any event, Optimizely will only hold such Personal Information for so long as it serves the purposes for which it was collected and in order to comply with applicable laws.

Choices for Individuals

If you disagree with how your Personal Information is collected and used by Optimizely.com, then you may opt not to visit the Site. If you would prefer to opt-out of marketing communications, please contact marketing@optimizely.com. To find out more about your choices and means as it relates to your Personal Information as collected by this Site, please contact privacy@optimizely.com.

To avoid cookies, you may as a visitor:

  • Choose not to accept cookies in your browser settings (see Cookie Settings).
  • Avoid logging onto the Site.
  • Avoid filling out forms.
  • End your visit at the Site.
  • Use analytics blocking tools on your browser for the Site.

Disclaimers; Limitations of Liability

OPTIMIZELY AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OPTIMIZELY AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, 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 CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPTIMIZELY AND ITS AFFILIATES, 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF OPTIMIZELY , OPTIMIZELY AFFILIATES, OR ANY OF OPTIMIZELY 'S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/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 THIS AGREEMENT, 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.

Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Optimizely, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or Content, or any violation by you of these Terms of Use.

Changes to this Terms of Use

We may occasionally update this Optimizely Website Terms of Use. Optimizely reserves the right to modify these Terms of Use at any time without giving you prior notice. When we do, we will also update the date at the bottom of the page. You will be informed of any important changes either via a message in a prominent place on the home page. Please review this Terms of Use at regular intervals to keep up-to-date. Your continued use of this Site means that you accept this Terms of Use and any updates.

General Terms of Use

Accuracy and Validity

You represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in submitted materials is true and your own work or work you are authorized to submit. You agree that you will not knowingly and with intent to defraud provide materials, data, content, code or misleading information. You represent and warrant that the materials, data, content, code and any information you supply do not violate these Terms of Use.

Downloading Files

Optimizely cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

Entire Agreement/No Waiver

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Optimizely of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Correction of Errors and Inaccuracies

The Site and/or Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Optimizely therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Site and/or Content at any time without prior notice. However, Optimizely does not, guarantee that any errors, inaccuracies or omissions will be corrected.

Enforcement/ Choice of Law/ Choice of Forum

If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, Optimizely's Privacy Notice, your use of the Site, any other Optimizely or Optimizely family company website or the Content are governed by, and will be interpreted in accordance with, the laws of Sweden, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the courts in Stockholm, Sweden in the event of any dispute of any kind arising from or relating to these Terms of Use, Optimizely's Privacy Notice, your use of the Site, any other Optimizely or Optimizely family company website(s) or Content.

Contact information

If you require further information about Optimizely's Terms of Use contact Optimizely via e-mail: GeneralCounsel@Optimizely.com or by sending a letter via mail to:

Optimizely Inc.
119 Fifth Avenue, 7th Floor
New York, NY 10003, USA
Attn: General Counsel

Appendix 1 - Digital Millennium Copyright Act (DMCA) Compliance

Claims of Copyright Infringement to Optimizely: Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or Content should follow the following instructions – DMCA Notices

Optimizely respects the intellectual property rights of others, and we ask our customers, partners and users to do the same. Optimizely may, in its sole discretion, suspend the access or terminate the software, services, and/or accounts of entities or users who violate others' intellectual property rights.

If you suspect or believe that your work has been copied in a way that constitutes infringement on Optimizely's website, please provide the following information to Optimizely’s Legal Department.

Contact Optimizely’s Legal Department

Optimizely’s Legal Department for notice of claims of copyright infringement relating to this website ("Notifications") can be reached either by sending an e-mail to GeneralCounsel@Optimizely.com,  or by sending a letter via mail to:

Optimizely119 Fifth Avenue, 7th FloorNew York, NY 10003, USAAttn: General Counsel

Submission of Notification

To be effective, the Notification must include the following:

a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complaining Party");

b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Optimizely to locate the material;

d) Information reasonably sufficient to permit Optimizely to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

e) A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f) A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Receipt of Notification

Upon receipt of the written Notification containing the information as outlined in a) through f):

g) Optimizely will remove or disable access to the material that is alleged to be infringing;

h) Optimizely will forward the written notification to such alleged infringer (the "Alleged Infringer"); and

i) Optimizely will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.

Counter Notification

An Alleged Infringer may submit a Counter Notification to contest the claim of alleged infringement. To be effective, a Counter Notification must be a written communication provided to Optimizely’s Legal Department that includes substantially the following:

j) A physical or electronic signature of the Alleged Infringer;

k) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

l) A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

m) The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer's address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which Optimizely may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.

Receipt of Counter Notification

Upon receipt of a Counter Notification containing the information as outlined in j) through m) above:

n) Optimizely will promptly provide the Complaining Party with a copy of the Counter Notification;

o) Optimizely will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days; and

p) Optimizely will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Optimizely’s Legal Department has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on Optimizely's network or system.