Privacy Policy and Terms of Use

Privacy Policy

This privacy policy explains the what, how, and why of the information we collect when you visit or use one of our websites:,, or when you use our Products and Services. It also explains the specific ways we use and discloses that information. We take your privacy extremely seriously and never sell lists or email addresses.

Definitions – These definitions should help you understand this policy.

# When we say “we”, “us”,  and “our”, we are referring to OptimizeSmart, a consultancy based in Alford, Scotland, UK.

# When we say “you”, we are referring to the person or entity that visits our website(s), or that is registered with us to use our website, product or Services or to receive newsletters from us.

# ‘Products’ means the books, ebooks and the ‘web analytics training course‘ that we sell on the websites:,,

# ‘Sevices’ means: Google Analytics & Google Tag Manager Consulting Services that we offer via the website

# “Personal Information” means any information that identifies or can be used to identify you directly or indirectly, including, but not limited to, first and last name, date of birth, email address, gender, occupation or other demographic information.

We offer our Products and Services on our websites,, This Privacy Policy applies to these specific websites.

The “Websites” include the Websites themselves and any web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs,” or other online, mobile, or wireless offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device, or other technology, manner or means. While providing Products and Services, and as described in more detail below, we may collect Personal Information about you.

Information We Collect

(a) Information you voluntarily provide to us

When you sign up for our newsletter or use our Products and/or Services, consult with our customer service team, send us an email, post on our blog or communicate with us in any way, you are voluntarily giving us information that we collect. That information may include your: name, physical address, email address, IP address, phone number, and credit card information, as well as details including gender, occupation, location, purchase history, and other demographic information. By giving us this information, you consent to this information being collected, used, disclosed, transferred to the United Kingdom and stored by us, as described in our Terms of Use and in this Privacy Policy.

(b) Information we collect automatically

When you use our products or Services or browse one of our Websites, we may collect information about your visit to our Websites, your usage of the products or Services, and your web browsing.

That information may include your IP address, operating system, browser ID, browsing activity, and other information about how you interacted with our Website(s). We may collect this information as a part of log files as well as through the use of cookies or other tracking technologies. Our use of cookies and other tracking technologies is discussed more below and in more detail in our Cookie Statement below.

(c) Cookies and tracking

Our partners and we may use various technologies to collect and store information when you use our Website, Products or Services, and this may include using cookies and similar tracking technologies on our Website, such as pixels and web beacons, to analyze trends, administer the website, track users’ movements around the website, serve targeted advertisements, and gather demographic information about our user base as a whole.

Users can control the use of cookies at the individual browser level. We partner with third parties to display advertising on our website or to manage and serve our advertising on other sites. Our third-party partners may use cookies or similar tracking technologies in order to provide you with advertising or other content based on your browsing activities and interests.

If you wish to opt out of interest-based advertising, click (or if located in the European Union, click Please note you might continue to receive generic ads. For more information about our use of cookies and other tracking technologies, as well as how to opt out of the use of cookies, please refer to our Cookie Statement below.

(d) Web beacons

We use web beacons in our emails. When sending emails to our newsletter subscribers, we may track behaviour, such as who opened the emails and clicked the links. This allows us to measure the performance of our email campaigns. To do this, we include single-pixel gifs, also called web beacons, in emails we send.

Web beacons allow us to collect information about when you open the email, your IP address, your browser or email client type, and other similar details. We use the data from those Web Beacons to create reports about how our email campaign performed and what actions our subscribers took. Reports are also available to us when we send emails to you so that we may collect and review that information.

(e) Information from other sources

From time to time, we may obtain information about you from third-party sources, such as public databases, social media platforms, third-party data providers and our joint marketing partners. We take steps to ensure that such third parties are legally permitted or required to disclose such information to us.

Examples of the information we may receive from other sources include demographic information, device information (such as IP addresses), location, and online behavioural data (such as information about your use of social media websites, page view information and search results and links). We use this information, alone or in combination with other information (including Personal Information) we collect, to enhance our ability to provide you with relevant marketing and content and develop and provide you with more relevant product features and services.

Use and Disclosure of Personal Information

We may use and disclose Personal Information only for the following purposes:

(a) To promote the use of our products or services to you and others.

For example, if we collect your Personal Information when you visit our Website and do not sign up for any of the products or services, we may send you an email inviting you to sign up. If you use any of our Products or Services and we think you might benefit from using another Product or Service we offer, we may send you an email about that.

You can stop receiving our promotional emails by following the unsubscribe instructions included in every email we send. In addition, we may use the information we collect in order to advertise our Products or Services to you or suggest additional features of our Products or Services that you might consider using. For more information on how we use cookies or other tracking technologies for these purposes and how to opt out of the use of cookies, please see our Cookie Statement below.

(b) To send you informational and promotional content in accordance with your marketing preferences.

You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.

(c) To bill and collect money owed to us by our customers.

This includes sending you emails, invoices, receipts, and notices of delinquency and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing and send billing information to those third parties to process your orders and credit card payments. To learn more about the steps we take to safeguard that data, see Section 13 below.

(d) To send you System Alert messages.

For example, we may inform you of temporary or permanent changes to our Products or Services, such as planned outages, new features, version updates, releases, abuse warnings, and changes to our Privacy Policy.

(e) To communicate with our newsletter subscribers and customers about their accounts and provide customer support.

(f) To enforce compliance with our Terms of Use and applicable law.

This may include developing tools and algorithms that help us prevent violations.

(g) To protect the rights and safety of our website visitors, newsletter subscribers, customers and third parties, as well as our own.

(h) To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.

(i) To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.

(j) To prosecute and defend a court, arbitration, or similar legal proceeding.

(k) To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.

(l) To provide, support, and improve our products and services.

(m) Third Parties – We may disclose Personal Information to the following types of third parties for the purposes described in this policy:

(i) Service Providers.

Sometimes, we share your information with our third-party service providers, who help us provide and support our Services. Examples of Service Providers include payment processors, hosting services and content delivery services.

(ii) Advertising partners.

We may partner with third-party advertising networks and exchanges to display advertising on our Websites or to manage and serve our advertising on other sites and may share Personal Information with them for this purpose. All third parties with which we share this information are required to use your Personal Information in a manner that is consistent with this policy.

Our third-party partners and we may use cookies and other tracking technologies, such as pixels and web beacons, to gather information about your activities on our Websites and other sites in order to provide you with targeted advertising based on your browsing activities and interests. Please see our Cookie Statement below for more information about cookies and other tracking technologies.

Combined Information

We may combine Personal Information with other information we collect or obtain about you (such as information we source from our third-party partners), to serve you specifically, such as to deliver a product or service according to your preferences or restrictions or for advertising or targeting purposes in accordance with this Privacy Policy. When we combine Personal Information with other information in this way, we treat it as and apply all of the safeguards in this Privacy Policy applicable to, Personal Information.

Cookie Statement – how we use cookies and similar technologies

This Cookie Statement explains how we use cookies and similar technologies in the course of our business, including through our websites that link to this Cookie Statement, such as, or any website or mobile application owned, operated or controlled by us (collectively, “Websites” or “websites”). It explains what these technologies are, why we use them, and your rights to control our use of them. This Cookie Statement is and will be treated as part of our Terms of Use and is automatically incorporated therein.

In some cases, we may use cookies and other tracking technologies described in this Cookie Statement to collect Personal Information or to collect information that becomes Personal Information if we combine it with other information. For more information about how we process your Personal Information, please consult our Privacy Policy.

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Online service providers widely use cookies in order to (for example) make their websites or services work or to work more efficiently, as well as to provide reporting information.

Cookies set by the website owner or service provider (in this case, OptimizeSmart) are called “first-party cookies”. Cookies set by parties other than the website owner are called “third-party cookies”. Third-party cookies enable third-party features or functionality to be provided on or through the website or service, you are using (such as advertising, interactive content and analytics). The third parties that set these third-party cookies can recognise your computer when it visits the website or service in question and when it visits certain other websites or services.

Why do we use cookies and other tracking technologies?

We use first-party and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites and Services to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies enable us and the third parties we work with to track and target the interests of visitors to our Websites. We refer to these as “performance” or “functionality” cookies.

For example, we use cookies to tailor content and information that we may send or display to you and otherwise personalize your experience while interacting with our Websites and to otherwise improve the functionality of the Services we provide. We also enable our users to employ cookies and similar tracking technologies in connection with their use of our Services in order to allow us and our users to track their subscribers. Finally, third parties serve cookies through our Websites and Services for advertising, analytics, and other purposes. This is described in more detail below.

Cookies served through our website.

The specific types of first and third-party cookies served through our Websites and the purposes they perform are described in further detail below. The website,, places cookies on your computer as soon as you visit it. By using the website, you are agreeing to our use of cookies.

Necessary cookies

Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.

Advertisement cookies

Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.

Functional cookies

Functional cookies help perform certain functionalities like sharing the website’s content on social media platforms, collecting feedback, and other third-party features.

Analytical cookies

Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.

Performance cookies.

Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.

Other cookies.

Other uncategorized cookies are being analyzed and have not been classified into a category yet.

You can find all the cookies currently being served through our website by clicking here

Other tracking technologies

Our third-party partners and we may use other, similar technologies from time to time, like web beacons, pixels (or “clear gifs”) and other tracking technologies. These tiny graphics files contain a unique identifier that enables us to recognise when someone has visited our Websites or, in the case of web beacons, opened an e-mail that we have sent them. This allows us, for example, to monitor the traffic patterns of users from one page within our Websites to another, to deliver or communicate with cookies, to understand whether you have come to our Websites from an online advertisement displayed on a third-party website, to serve targeted advertisements to you and others like you, to improve site performance, and to measure the success of marketing campaigns.

While you may not have the ability to specifically reject or disable these tracking technologies, in many instances, these technologies are reliant on cookies to function properly; accordingly, in those instances, declining cookies will impair the functioning of these technologies.

Targeted online advertising

We have engaged one or more third-party service providers to track and analyse both individualized usage and volume statistical information from interactions with our Websites. We also partner with one or more third parties (such as advertisers and ad networks) to display advertising on our Websites and/or to manage and serve advertising on other sites. These third parties use cookies, web beacons, pixel tags and similar tracking technologies to collect and use certain information about your online activities, either on our Websites and/or other sites or mobile apps, to infer your interests and deliver you targeted advertisements that are more tailored to you based on your browsing activities and inferred interests (“Interest Based Advertising”). For more information about this practice, click here:

Our third-party service providers may also use cookies or web beacons to collect information about your visits to our Websites and/or other sites to measure and track the effectiveness of advertisements and our online marketing activities (for example, by collecting data on how many times you click on one of our ads).

How can I control cookies?

You have the right to decide whether to accept or reject cookies. Cookies are not dangerous to your computer in any way. They are not executable programs and can’t install viruses or malware on your computer. But if you still wish to delete the cookies set by our websites, then please follow the instructions below:

Website Cookie Preference Tool: You can exercise your Website cookie preferences by visiting the TRUSTe preference centre by clicking this link:

Browser Controls: You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our Websites though your access to some functionality and areas of our Websites may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser to browser, you should visit your browser’s help menu for more information.

Disabling Most Interest-Based Advertising: Most advertising networks offer you a way to opt out of Interest Based Advertising. If you would like to find out more information, please visit or

Mobile Advertising: You can opt out of having your mobile advertising identifiers used for certain types of Interest Based Advertising, including those performed by us, by accessing the settings in your Apple or Android mobile device and following the most recent published instructions. If you opt out, we will remove all data about you, and no further data collection or tracking will occur.

The random ID we (or our third-party partners) had previously assigned to you will also be removed. This means that if you decide to opt in at a later stage, we will not be able to continue and track you using the same ID as before, and you will, for all practical purposes, be a new user of our system.

Access to Personal Information

We will give you access to any Personal Information we hold about you within 30 days of any request for that information. You may request to access, correct, amend or delete the information we hold about you by contacting us here. Unless it is prohibited by law, we will remove any Personal Information about you from our servers at your request. There is no charge to access or update any Personal Information.

Changes to Privacy Policy

We may change this Privacy Policy at any time and from time to time. This policy was last updated on Jan 27, 2023. We encourage you to review this Privacy Policy often to stay informed of changes that may affect you, as your continued use of our websites, product or services signifies your continuing consent to be bound by this Privacy Policy.


This Privacy Policy is effective with respect to any data that we have collected, or collected, about and/or from you, according to our Terms of Use.

Questions & Concerns

If you have any questions or comments, if you want to update, delete, or change any Personal Information we hold, or if you have a concern about the way in which we have handled any privacy matter, please use our contact form to send us a message.

Public Information and Third Party Websites

(a) Blog.

We have a public blog on our Website Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us here. If we are unable to remove your information, we will tell you why.

(b) Social media platforms and widgets.

Our Websites include social media features, such as the Facebook Like button. These features may collect information about your IP address and which page you are visiting on our Website, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website.

We also maintain a presence on social media platforms, including Facebook, Twitter, and Linkedin. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. The companies’ privacy policies govern your interactions with those features and platforms.

(c) Links to third-party websites.

Our Websites include links to other websites whose privacy practices may be different from ours. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Website you visit.

Contest and Sweepstakes

We may occasionally offer surveys, contests, sweepstakes, or other promotions on our Websites or through social media (collectively “Our Promotions”). Participation in our Promotions is completely voluntary. Information requested for entry may include personal contact information such as your name, address, date of birth, phone number, email address, username, and similar details. We use the information you provide to administer Our Promotions. Unless prohibited by the Promotion’s rules or law, we may also use the information provided to communicate with you or other people you select about our Services. We may share this information with our affiliates and other organizations or Service Providers in line with this policy and the rules posted for the Promotion.

Safeguarding Your Information

We take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. Our credit card processing vendor uses security measures to protect your information during and after the transaction. OptimizeSmart accounts require a username and password to log in. You must keep your username and password secure and never disclose it to a third party. Account passwords are encrypted, which means we cannot see your passwords. We cannot resend forgotten passwords either. We will only reset them on your request.

Accuracy and Retention of Data

We do our best to keep your data accurate and up to date to the extent that you provide us with the information we need to do so. If your data changes (for example, if you have a new email address), you are responsible for notifying us. Upon request, we will provide you with information about whether we hold or process any of your Personal Information on behalf of a third party. We will retain your information for as long as your account is active or as long as needed to provide you with our Services. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our Agreements.

Terms of Use

1. Introduction

This agreement binds you or the company you represent (“you,” or “your”) to the terms and conditions set forth herein in connection with your use of ‘optimize smart’ (“our”, “we”, or “optimize smart”) online training, services or other offerings on our site (collectively, our “products”). By using any of our products or clicking on the “take this course” or “purchase this course” button, you agree to become bound by the terms and conditions of this agreement.

2. Additional terms

Any personal information submitted in connection with your use of the products or the site is subject to our privacy policy.

3. Privacy Policy

By using our website(s), you are accepting the practices described in our privacy policy. Your privacy matters to us, and we promise to guard your personally identifying information against any third party. OptimizeSmart does not share your email address or personal information with any third party except with those service providers (partners, associates, contractors, payment processors) who may need this information to perform their work. These service providers are not permitted to use or share such information for any other purpose.

4. General

The Products include facilitating and hosting Online Courses and supporting materials and testing students for the course. Optimize Smart reserves the right to revise these Terms in its sole discretion at any time by posting the changes on the Site. Your continued use of Products after a change becomes effective shall mean that You accept those changes. You should visit the Site regularly to ensure You are aware of the latest version of the Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between you and the Company that arose prior to the date of such revision. Optimize Smart may modify the Products or discontinue their availability at any time. You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Products and for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use. If You elect to access or use Products that involve payment of a fee, then You agree to pay and will be responsible for payment of that fee and all taxes associated with such access or use.

If You provide the credit card information to pay for such fees, then You hereby represent and warrant that You are authorized to supply such information and authorize the Company to charge Your credit card regularly to pay the fees as they are due. If Your payment method fails or Your account is past due, then we reserve the right to block your access to any or all of our Products. All of Your use, access and other activities relating to the Site and the Products must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use and to privacy and personal identity.

In connection with Your use of the Products and Site, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorized access to another person’s Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products.

5. Registration

To use certain Products, You will need to register and obtain an account, username and password. When You register, the information You provide us during the registration process will help us offer content, customer service, and network management. You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your “Account”) and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will always be accurate. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security and (b) ensure that You exit from Your Account at the end of each use of the Products. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of the use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account.

You may not transfer Your Account to any other person, and You may not use anyone else’s Account at any time without the account holder’s permission. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the Products; and (iii) the consequences of any misuse.

6. Conduct

You may only access the Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Products. If You are a User in search of or participating in a Course, You are a Student, and the following additional terms and conditions apply. You represent, warrant and covenant that:

  • You have read, understood, and agree to be bound by the pricing information before using the Site or registering for a Course;
  • You are over the age of 18, or, if not, You will only use the Products with the involvement, supervision, and approval of a parent or legal guardian. Children under the age of 13 may not register for an account or register or purchase Courses.
  • You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or the Products;
  • You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libellous content;
  • You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, or otherwise use and exploit any Optimize Smart Content, the Products or Courses or Submitted Content.
  • You will not solicit personal information from any student.
  • If You are a Student, You agree to pay the fees for the Courses that You take.

7. Disclaimer

Great efforts have been made to ensure the accuracy, legality, timeliness and completeness of the online courses (written text, graphics, multi-media) provided on the website and to keep the website free from viruses, adware or other malicious programs. However, we make no guarantee /warranty of the accuracy, timeliness and completeness of the information provided on the website or any website we link to. Similarly, we make no guarantee/warranty that the website and other websites linked to it are free from viruses, adware or other malicious programs. OptimizeSmart will not be liable for any losses or damages arising from the use of the website contents (including but not limited to: courses, lessons, and assessments). This disclaimer is applicable to all students, visitors or users of this website.

8. Content, Licenses & Permissions

All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.”Where Optimize Smart provides Content to You in connection with the Products, including, without limitation, the Software and the Products and the Site, it is “Optimize Smart Content.” Content uploaded, transmitted or posted to the Site or through the Products by a User/visitor/student is “Submitted Content.” Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third-party providers and suppliers) and is protected, without limitation, pursuant to U.K. and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Optimize Smart with respect to Your Submitted Content and that Optimize Smart does not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms. You have the right to remove all or any portion of Your Submitted Content from the Site at any time. Optimize Smart respects all copyright, privacy, defamation and other laws relating to content and information and will not tolerate violation of such laws.

Notwithstanding the foregoing, Optimize Smart does not screen the submitted content, and all use of the submitted content by you is at your own risk, and we shall have no liability for such use. in particular, no review or posting or appearance of the submitted content on the site or through the products is intended to act as an endorsement or representation that any submitted content is free of violation of any copyright, privacy or other laws or will suit a particular purpose or be accurate or useful.

If you believe that your submitted content of yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party, it is your responsibility to take such steps you deem necessary to correct the situation. If you believe that submitted content of a third party or any company content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to Optimize Smart. The Content owners retain all rights not expressly granted in these Terms, and these Terms do not grant any implied licenses.

9. Proprietary Rights

This website’s name, design and model are the exclusive property of OptimizeSmart. Any copy or reproduction in any form of any content on this website will infringe copyright laws and international treaty provisions.

10. Refunds for Analytics Training Course

We do not offer any refund for the web analytics training course. All payments made for the course are final.

11. Refunds for Service(s)

All payments made for analytics consultation services (Google Analytics Audit, Google Tag Manager Consultation, Conversion Optimization) and/or Facebook Marketing are final. You are not eligible for a refund.

12. Cancellation Policy

You may cancel the use of our service/website either through your online account management page or by contacting us.

13. Lifetime Access

The word ‘lifetime’ in lifetime access refers to the lifetime of the product (not you, the customer). Lifetime Access means that for a single payment, you get unlimited access to the product (as long as the product is available), free updates or other benefits as the product or technology evolves.

14. Limitation of liability

To the fullest extent permissible under applicable law, neither party shall be liable hereunder under any theory of liability, including, without limitation, contract, tort or negligence, for any losses unless such losses were reasonably foreseeable at the time you agreed to these terms. Optimize Smart’s total liability hereunder shall be limited to the amounts paid in connection with the courses or products under which such liability arose. This section 14 does not exclude or limit either party’s liability for fraud, death, a personal injury resulting from negligence, or any other liability that cannot be limited or excluded by law.

15. Indemnification

You hereby indemnify, defend and hold harmless Optimize Smart, and its affiliates, associates, partners, employees, licensors, representatives, contractors and third-party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. At Our own expense, we reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You under this Section 15. In such case, You agree to fully cooperate as reasonably required with such defence and in asserting any available defences.

16. Termination

We may terminate Your use of the Products or Site immediately without notice for any breach by You of these Terms or any of Our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product, Course, or Content at any time. You may terminate Your use of the Site or the Products at any time, either by ceasing to access them or by contacting us at support. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. You must cease all use of the Site, Products and Content upon termination.

17. Electronic Notices

By using the Products or communicating with Optimize Smart, You agree that we may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Products or these Terms. If we learn of a security system breach, we may attempt to notify You electronically by posting a notice on the Products or emailing you. You may have a legal right to receive this notice in writing. Please contact support to receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice).

18. Miscellaneous

  1. Entire Agreement. These Terms and any policies applicable to You posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to the such subject matter.
  2. Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
  3. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Optimize Smart to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
  4. Notice. Any notice or other communication to be given hereunder will be in writing and given by electronic mail.
  5. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither Optimize Smart nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
  6. These Terms and Your use of the Site and the Products shall be governed by the substantive laws of England and Wales without reference to its choice or conflicts of law principles.
  7. This Agreement shall be governed by and interpreted according to the law of Scotland. All disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Scottish courts.

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