Terms & Conditions

Welcome to OPTIMA's Power Pack Nation online community site (the "Site"). This Site is operated by OPTIMA Batteries, a business unit of Johnson Controls Battery Group, Inc. (referred to collectively as "OPTIMA," "we" or "us"). These Terms of Use ("Terms") contain the terms upon which we are willing to provide you access to and use of this Web site and all related pages, information, databases, materials and services (collectively, the "Site"). These Terms form an agreement between you and OPTIMA. If you do not agree to be bound by these Terms, you may not access or use the Site. Use of the Site constitutes your acceptance of these Terms and OPTIMA's Site Privacy Policy. Please scroll down through the Terms to review important provisions regarding intellectual property use, limitation of liability, waivers and other legal restrictions. If you have questions regarding these Terms, please contact OPTIMA's registered office at 5757 N. Green Bay Avenue, Milwaukee, WI 53209.

License

By accessing the Site, you have a limited license to use the Site, including the limited right to view, bookmark, download and print, for your noncommercial, personal use and information only, those pages of the Site that interest you, subject to any other terms and conditions of use in these Terms or on the Site. These Terms cannot be waived or modified by any oral communications between you and OPTIMA. You may only use this Site if you are at least 13 years of age. Your use of any materials or software from the Site is terminable by OPTIMA at any time under the circumstances described in these Terms.

UPDATING TERMS

We reserve the right to change, delete and update portions of these Terms or other policies that govern use of the Site at our discretion. You should review these Terms periodically for changes. Any amendments and/or modifications by OPTIMA will be prospective only, and unless otherwise provided in this Agreement, will be effective upon posting to the Site. The Terms can be accessed from the link at the bottom of the Site page. If you use the Site after we post changes to the Terms, you agree to be bound by the updated Terms. If you have an account or other relationship with OPTIMA, that relationship is governed by the agreement specific to that particular account or relationship; provided that nothing in those other agreements shall diminish the protections and rights provided to OPTIMA under these Terms.

INFORMATION AVAILABLE ON SITE

We rely on a variety of sources for the information we provide on the Site. This information is provided to you in good faith based on the information available to us. OPTIMA believes that the information is current and accurate, but does not guarantee it. Furthermore, we do not represent or guarantee the truthfulness, accuracy or reliability of communications posted by third parties. Any reliance on material posted by third parties shall be at your own risk.

OWNERSHIP RIGHTS

OPTIMA or its content providers shall own or license all of the content, materials and other intellectual property related to the Site, including, without limit, all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents and copyrights (collectively, "Materials"). You have no rights to the Materials, except as expressly set forth in these Terms (such as with respect to User Content as defined below). Any use of the Materials, except as permitted by these Terms, is expressly prohibited.

If you post Materials to the Site ("User Content"), the User Content shall be deemed owned by you. You grant to OPTIMA and its affiliated entities a nonexclusive, perpetual, irrevocable, transferrable, sub-licensable, royalty-free, worldwide license to use the User Content in connection with OPTIMA's business operations, including this Site. You are solely responsible for all third-party claims, liabilities and damages arising from or in connection with your User Content, and we assume no such liability.

The Materials and use of the Site (including OPTIMA's name and the logos and software used in the Site) are registered and/or protected by U.S. and international copyright, trademark and other laws. You agree to retain all copyright and other proprietary notices contained in the Site. You may not delete or change any copyright or trademark notices, and cannot alter or modify the Materials in any manner without the express written permission of OPTIMA.

USE OF THE SITE

Furthermore, you agree that you will not:

use the Site to transmit, copy, reproduce, republish, upload, post, transmit, e-mail or distribute in any way material or content that infringes any copyright, trademark, proprietary or other right of any party or that violates these Terms;
copy, modify, distribute, create any derivative or compilation work from, or display OPTIMA's name or logo, or any text, graphic images or other content from the Site or redeliver it using framing or similar technology;
use any device designed to provide repeated automated access to the Site other than those made generally available by OPTIMA;
include the OPTIMA logo, and other marks, of various products and services offered by OPTIMA or any other OPTIMA trademarked materials, the name of any OPTIMA personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship or endorsement between OPTIMA and you, any other party or any other Web site, or otherwise use these items without OPTIMA's express written permission;
upload, e-mail or otherwise transmit to OPTIMA or through the Site any of the following: a sexually-explicit image or statement; advertising, promotional or other unauthorized communication, including, without limitation, "junk mail," surveys, unsolicited e-mail, "spam," "chain letters," "pyramid schemes," or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Site or any computer software, hardware or communications equipment that is owned, leased or used by OPTIMA;
use the Site to advertise or perform any commercial solicitation;
use the Site to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law.
use any robot, spider, scraper or any other automated means to access the Site for any purpose without OPTIMA's express written permission;
forge any TCP/IP packet header or any part of the header information in any e-mail or posting;
take any action that imposes, or may impose, in OPTIMA's sole discretion, an unreasonable or disproportionately large load on the OPTIMA infrastructure;
interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
bypass measures used by OPTIMA to prevent or restrict access to the Site, violate or attempt to violate the security or authentication measures of the system, or attempt to prove, scan, or test the vulnerability of a system or network without proper written authorization from OPTIMA;
impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from OPTIMA for any purpose

OPTIMA reserves the right to disclose the identity of anyone posting or transmitting information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order.

TERMINATION, REMOVAL OF MATERIALS, AND MONITORING

These Terms are effective until terminated. OPTIMA may terminate, restrict or suspend all or part of your license to access the Site and delete any User Content transmitted to or through the Site, at any time, in its sole discretion, without prior notice to you and without any liability to you. OPTIMA also reserves the right to take any action relating to User Content that it deems necessary or appropriate if such information, as determined in OPTIMA's sole discretion, may create liability for OPTIMA, its agents or its contractors or may affect OPTIMA's business relationships or contracts with its agents or its contractors. OPTIMA further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to these Terms - though OPTIMA shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to their posting. You agree that OPTIMA has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use in any manner. You release OPTIMA from any liability related to its monitoring activities.

WEB SITE LINKING

For your general informational use only, OPTIMA may provide access to third-party Web sites. These links allow you to leave the Site. OPTIMA is unable to verify, and takes no responsibility for, the contents of any third-party Web site that may be linked to the Site via hyperlink or otherwise, whether such link is provided by OPTIMA or by a third party (including any responsibility for the accuracy, timeliness or suitability of the content of any third-party Web site to which OPTIMA may link). By providing access to other Web sites, OPTIMA is not recommending or supporting any third party, is not recommending the purchase or sale of any products or services of a third party, and is not endorsing or acknowledging that it is affiliated with any Web sites sponsoring organization. OPTIMA does not expressly, or by implication, endorse, recommend or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third-party site or related to creation of links to such site. Before relying on any information contained on any third-party Web site, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE ARE FURNISHED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). OPTIMA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE "OPTIMA PARTIES") MAKE NO REPRESENTATION OR WARRANTY REGARDING THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN THE OPTIMA PARTIES, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), OR LOSS OR USE OF DATA.

USE OF THE SITE IS AT YOUR OWN RISK. YOU AGREE THAT THE OPTIMA PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE OPTIMA PARTIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO OPTIMA TO PURCHASE THE PARTICULAR SERVICES WHICH FORM THE BASIS OF YOUR CLAIM OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO OPTIMA. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY OPTIMA IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE OPTIMA PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF DISCOVERY (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.

INDEMNIFICATION

In consideration of your use of the Site, you hereby agree to indemnify, defend and hold harmless the OPTIMA Parties from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to your breach of these Terms, your violation of law, or your violation or threatened violation of any person's or entity's rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral or privacy rights related to User Content or otherwise).

APPLICABLE LAW

OPTIMA operates the Site from offices within the State of Wisconsin in the United States. If you choose to access the Site from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Wisconsin (excluding any choice of law rules) govern your rights and obligations relating to OPTIMA and your use of the Site, and exclusive jurisdiction and venue for any disputes shall be the state or federal courts of Wisconsin.

SEVERABILITY AND WAIVER

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No failure to exercise and no delay in exercising, by OPTIMA, any right, power or privilege hereunder shall operate as a waiver. Any waiver by OPTIMA of a breach of any provision of these Terms shall not be a waiver of any other breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by OPTIMA.

COPYRIGHT AGENT FOR CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to the Digital Millennium Copyright Act, OPTIMA designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to OPTIMA's designated agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner

OPTIMA's designated agent for notification may be contacted at:

By Mail:
Johnson Controls, Inc.
5757 N Green Bay Ave.
X-18
Milwaukee, WI 53209
By Phone: 414-524-2222
By Fax: 414-524-3210
By E-mail: info@optimabatteries.com

ENTIRE AGREEMENT

These Terms constitute the entire agreement with OPTIMA related to the Site. All prior agreements, representations, statements, negotiations and undertakings with respect to the subject matter herein are superseded by these Terms. Terms that by their nature are intended to survive the termination, cancellation or expiration of these Terms shall survive.

Privacy Policy

Welcome to OPTIMA's Power Pack Nation online community site (the "Site"). This Site is operated by OPTIMA Batteries, a business unit of Johnson Controls Battery Group, Inc. (referred to collectively as "OPTIMA," "we" or "us"). We are committed to protecting your privacy. We use the information we collect about you to provide services to you and to assist us in improving our online presence. We have adopted this Privacy Policy ("Policy") to memorialize our current data collection and disclosure policies and practices for this Web site and its related Web pages (the "Site"). If you have questions regarding these Terms, please contact OPTIMA's registered office at 5757 N. Green Bay Avenue, Milwaukee, WI 53209.

CONSENT

By using the Site, you consent to this Policy. If you do not consent to this Policy, please refrain from use of the Site. Information gathered from the Site may be stored and processed in the United States and in foreign jurisdictions in which we or our agents do business. If you access the Site, your use of the Site constitutes consent to transfer of your information to the United States or those foreign jurisdictions in which we or our agents do business.

COLLECTION OF INFORMATION

We may collect personally identifiable information from you at certain locations on the Site. The types of personal information collected may include your name, user name, address, e-mail address, phone number, IP address, use information and browser information, for example. We may also collect nonpersonal and anonymous information to be used in an aggregate fashion. For example, we may collect your system-related information to be used for system administration purposes, to help diagnose problems with our servers, to monitor traffic patterns, to determine which services are used most frequently and to assess site usage. We may retain information we gather about you indefinitely unless otherwise required by applicable law.

This Site may contain links to other Web sites. We are not responsible for the privacy policies or practices, or the content of Web sites owned by others that you may link to or that may be linked from this Site. We encourage you to review the privacy policies and terms and conditions of those Web sites so that you understand how those sites collect, use and share your information. This Policy applies solely to the information that we collect on this Site and does not apply to information we may collect by any alternative means or media.

COOKIES

From time to time, we may also elect to use "cookies" for the convenience of our users and to enhance your experience using the Site. A cookie is a small text file that is recorded either temporarily or persistently on your hard drive by a Web page server and is not used to deliver viruses or other harmful programs to your computer. Rather, cookies enable us to recognize a user without requiring the user to repeatedly log in when using the Site. By relying on cookies, we may be able to deliver a more efficient service that is more personalized for each user. Additionally, cookies may allow us to monitor traffic patterns, Site usage and session information to make the Site more useful.

Most browsers automatically accept cookies. If you prefer, you generally have the option of setting your browser to decline cookies. Alternatively, you may be able to modify your browser setting to notify you each time a cookie is created and permit you to accept or decline cookies on an individual basis, or to accept cookies from Web sites that meet certain disclosure and use specifications. You consent to and authorize our use of cookies in this manner.

USE OF INFORMATION

In addition to the uses described above, we may use the information we receive from you for:

Internal recordkeeping.
Improving our products and services.
Sending promotional e-mails about new products, special offers or other information that we think you may find interesting using the e-mail address that you have provided.
From time to time, contacting you for market research purposes. We may contact you by e-mail, phone, fax or mail. We may use the information to customize the Site according to your interests.
Purposes of providing services to other users of the Site in accordance with the general purposes of the Site.

DISCLOSURE OF INFORMATION

We may disclose personally identifiable and aggregate anonymous information to other users of the Site and to companies, agents, contractors or others hired to perform functions on our behalf. We may also disclose personally identifiable and aggregate anonymous information to those businesses, divisions and units that are affiliated with OPTIMA or Johnson Controls, Inc. We also reserve the right to disclose personally identifiable information to regulatory and credit agencies as deemed appropriate by us.

If one of our business lines or the entire business, or a substantial portion thereof, is acquired or transferred, whether by merger, consolidation or purchase of a substantial portion of assets, we may disclose and transfer your personally identifiable information to the acquiring third party. We may also disclose your personal information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of this Site; (b) comply with legal or regulatory requirements; (c) protect the rights, property or safety of us, our users or other third parties; or (d) prevent a crime or protect national security.

We may also disclose aggregate anonymous information to our clients, business partners, merchants, advertisers, investors, potential buyers and other third parties if we deem such disclosure, in our discretion, to have sound business reasons or justification.

When you access the Site through any co-branded Web sites or linked Web pages, your personal information may be disclosed to and become the property of us and/or the relevant co-sponsor. In that case, the use of your personally identifiable information by the co-sponsor company will be subject to the privacy policy of that company, and we are not responsible for nor subject to the co-sponsor's policy regarding their use of your personal information. Accordingly, we encourage you to review the privacy policies and practices of any relevant co-sponsor before supplying any personal information.

SECURITY

In order to minimize the risk of unauthorized access or disclosure, we have put in place physical, electronic and managerial procedures to reasonably safeguard and secure the information we collect online.

CHILDREN

We do not knowingly or specifically collect personal information from users under 13 years of age. We do not authorize users under 13 years of age to use the Site.

POLICY CHANGES

We reserve the right to change this Policy at any time. In particular, we may modify this Policy to reflect changes in the way we collect, use or disclose information, or to reflect changes in privacy laws, regulations and/or industry standards. We encourage you to review this Policy when accessing the Site. Continued use of the Site following changes indicates your acceptance of the changes.

APPLICABLE LAW

This Policy shall be governed by the laws of the State of Wisconsin, without regard to conflicts of law principles, and exclusive jurisdiction and venue for any dispute arising out of this Policy shall be the state courts or district federal courts of Wisconsin.

CONTACT INFORMATION

If you have questions regarding this Privacy Policy or the use of your information, please contact us at:

By Mail:
Johnson Controls, Inc.
5757 N Green Bay Ave.
X-18
Milwaukee, WI 53209
By Phone: 414-524-2222
By Fax: 414-524-3210
By E-mail: info@optimabatteries.com

Photo Release Policy

We can't wait for you to share details of your ride - your passion!

But here at OPTIMA's Power Pack Nation, we prefer pictures.

Upload your photos and let your pictures do the talking.

To upload photos:

Sign up to be a Citizen of OPTIMA's Power Pack Nation.
Upload your photos to by clicking on the "Upload your photos" link on the CREATE YOUR PROFILE page
Tag each of your photos to identify the make and model of your ride

That's it. Then your ride will be on display in the Car or Boat Show in OPTIMA's Power Pack Nation. Make sure to check back to vote on your favorite photos (both yours - and those of other citizens).

Photo Disclaimer:
OPTIMA's Power Pack Nation maintains all control of which photos are posted on OPTIMABatteries.com/PowerPackNation.
Images that go against "good tastes" will be prohibited from being posted.

Please e-mail us at info@optimabatteries.com or call 888-8OPTIMA (888-867-8462) with any questions or comments you might have regarding this photo release policy. And, enjoy your online community experience.