These Terms and Conditions apply to the use of OptimalMRM.com or OptimalMRM.ca, which constitute Optimal Market Risk Management Advisors Inc.’s website (‘this Site’)
Please read these Terms and Conditions carefully before using this Site.
This Site is provided by Optimal Market risk Management Advisors Inc. (‘Optimal MRM’), conditional on your acceptance of the Terms and Conditions set forth below. By accessing, using and/or downloading materials from this Site, you agree on your own behalf and on behalf of each person or entity on whose behalf you act to accept and abide by these Terms and Conditions for each use and each visit of this site. If you do not agree to abide by these Terms and Conditions, you should not use this Site, download or use materials from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the Terms or Conditions of any other agreement you may have with Optimal MRM.
GENERAL TERMS AND CONDITIONS
Limited License, Copyright and Trademark Information
Subject to the Terms and Conditions set forth in this Agreement, Optimal MRM grants you a non-exclusive, non-transferable, limited right to access, use and display this Site, and the visible text, graphics and images thereon (‘the Materials’), and to view and download the Materials, only in connection with the products and services described by Optimal MRM.
This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions. You must retain all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; you may not modify the Materials in any way, reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purpose; you may not transfer the Materials to any other person without Optimal MRM’s written consent. You agree to abide by all additional restrictions displayed on this Site as it may be updated from time to time. This Site, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Optimal MRM does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of Optimal MRM.
All content included or available on the Optimal MRM website, including without limitation, site design, documents, articles, products, software, photos, multimedia, videos, text, graphics, interfaces, services, features, and the selection and arrangements thereof (collectively, ‘Content’) is the property of Optimal MRM and is protected by intellectual property rights. You understand and acknowledge that you do not acquire any ownership rights through the use of this Site.
The product names, company names and logos of Optimal MRM used on this Site may be trademarks, including registered trademarks of Optimal MRM. Such product names, company names and logos of Optimal MRM may not be copied, imitated or used, in whole or in part, without the prior written consent of Optimal MRM. Other product and company names mentioned on this Site may be the trademarks of their respective owners.
Optimal MRM’s products, services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights.
Optimal MRM retains and reserves all rights not expressly granted herein.
Optimal MRM intends for the Materials on the Site to be accurate and reliable. The Materials are provided to you ‘as is’ and ‘as available’. Optimal MRM reserves the right to change the Materials, remove any Materials from the Site, or correct any errors or omissions in any portion of this Site in whole or in part, at its sole discretion, at any time, without notice or liability. Optimal MRM may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features, at any time without notice or liability. Optimal MRM may similarly remove, add, modify or otherwise change any content, including that of third parties, on or from this Site. Optimal MRM may also impose limits on certain features and services or restrict your access to parts of or the entire Site without notice or liability.
In no event shall Optimal MRM be liable for any direct, indirect, incidental, consequential, punitive, exemplary, reliance, special or other damages (including, without limitation, damages for harm to business, lost profit or revenue, business interruption, loss of information or programs or other data on your information handling system) related to the use of, or the inability to use this Site, its contents or Materials available from this Site, or any information, products and services obtained through this Site, or functions of this Site or any linked Optimal MRM website, whether or not Optimal MRM has been advised of the possibility of such damages.
The limitations of liability and disclaimers herein contained apply regardless of the form of action, whether in contract, warranty, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
You acknowledge and accept that Optimal MRM does not guarantee continuous, uninterrupted or secure access to this Site and operation of this Site may be interfered with or adversely affected by numerous factors or circumstances outside of Optimal MRM’s control.
This Site, the Materials and information accessible through this Site are provided “as is” without any representation or warranty, express or implied, of any kind, and Optimal MRM hereby disclaims all warranties and conditions with regard thereto, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise at law, or from a course of dealing or use of trade. Optimal MRM does not warrant that this Site will operate without interruptions or that it will be error free.
Optimal MRM reserves the right, at its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Your continued use of this Site or downloading or use of materials from it after any such changes are posted will be considered acceptance of those changes.
Because some jurisdictions do not allow exclusions of implied warranties or conditions or limitations of liability for direct, indirect, consequential, incidental or other types of damages, the above exclusions or limitations may not apply, or may only partially apply, to you.
You understand that this Site may contain information about various types of investments, investment strategies, or investment philosophies, but that this information and Content does not constitute “advice”, nor does it constitute any “recommendation” on how to invest. None of the information on this site constitutes a solicitation to buy or sell any security or investment. You understand that opinions regarding investments, investment strategies, or investment philosophies presented or discussed on the site may differ from each other or vary widely. The investments, investment strategies, and investment philosophies discussed or presented on this Site, each involve their own unique risk factors or considerations; these risk factors may not necessarily be discussed on this Site.
You understand that Optimal MRM, contributors, and/or Optimal MRM affiliates, and/or immediate family members of the preceding individuals, groups, or firms, may hold positions in investments discussed or presented on this Site. You understand that investing in any of the investments discussed or presented on this Site may mean that one or more of the preceding individuals, groups, or firms also has an active position in that investment at the same time.
You agree not to use this Site in any manner which could damage, disable, overburden or impair this Site; not to interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked site; not to disrupt or interfere with any other person’s use and enjoyment of this Site or affiliated or linked sites; not to upload, post or otherwise transmit on this Site any viruses or other harmful, disruptive or destructive files or computer programs, not to use any robot, spider, Trojan, or other automatic device, or manual process to monitor or copy the Optimal MRM website pages or the content contained at this Site; not to use or attempt to use another’s account, service or system without authorization from Optimal MRM, or create or use a false identity on this Site; not to transmit on this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; and not to attempt to obtain unauthorized access to this Site or portions of this Site which may be restricted from general access. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted to or for your account, and that you will comply with all applicable laws that relate to your use or activities on this Site.
Links to, and appropriately credited quotes from this Site (appropriate credit includes author, article title, article date, article, and date retrieved), are permitted. Any use of materials on this Site other than the preceding, including, but not limited to reproduction, exploitation, modification, distribution, republication, de-compilation, or replication, framing, mirroring, disassembling, or posting (including, but not limited to, online bulletin boards, online networks, blogs, message boards, and newsgroups), any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of Optimal MRM is strictly prohibited and is subject to prosecution. You agree that they will not use any robot, spider, or other automatic device, or manual process to monitor, copy, index, or in any way reproduce the Content or look/design/presentation of this Site and their navigational structure without prior written permission of Optimal MRM.
To the extent that this Site contains bulletin boards, message or communication facilities, you agree to use such forums only to send and receive messages and materials that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a forum, you will not post or otherwise disseminate on or through this Site harassing, defamatory, libellous, tortuous, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; will not advertise or offer to sell or buy any goods or services for any commercial purpose unless such forum specifically allows such messages; will not conduct or forward surveys, contests, pyramid schemes or chain letters; and will not harvest or otherwise collect information about others, including e-mail addresses, without their consent. Optimal MRM does not have any obligation to monitor the content of its bulletin board, message, or communication facilities. However, Optimal MRM reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post and remove any information or materials, in whole or in part, that in Optimal MRM ‘s sole discretion are objectionable or in violation of these Terms and Conditions.
Links & Third Party Content
Optimal MRM may provide, on this Site, links to websites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Optimal MRM makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked third party sources. Links do not imply that Optimal MRM endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Optimal MRM.
This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in on-line community discussions. You agree that Optimal MRM shall not have any liability whatsoever to you for any such third party material, data or information.
All links to this Site must be approved in writing by Optimal MRM.
International Users and Choice of Law
This Site is controlled by Optimal MRM from Canada. If you access this Site from outside Canada, you are responsible for compliance with all local laws. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions are governed by the laws of the province of Ontario, Canada (without regard to its conflicts of law rules). You consent to the exclusive jurisdiction and venue of Ontario courts in case of any dispute connected with this Site or these Terms and Conditions.
Compliance with Laws
You may not use the Services or this Site in any way that violates applicable provincial, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that may constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, regional, national, or international law or regulation.
This Site may include inaccuracies or typographical errors. Optimal MRM may make improvements and/or changes in the courses described in this Website at any time without notice. Changes are periodically made to the Site.
ONLINE TRAINING SERVICE TERMS AND CONDITIONS
The Online Training Service
The Online Training Service offers subscription-based limited access to digitized versions of video recordings, together with downloadable portable document format (‘PDF’) files and Excel spreadsheets (individually and collectively referred to as the ‘Digital Content’).
THIS IS AN AGREEMENT BETWEEN YOU AND OPTIMAL MRM. BEFORE USING THE ONLINE TRAINING SERVICE, PLEASE READ THESE TERMS AND ALL RULES AND POLICIES RELATED TO THE ONLINE TRAINING SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT DETAIL PAGE OR IN ANY LINK FROM A PRODUCT DETAIL PAGE).
IF YOU USE THE ONLINE TRAINING SERVICE, YOU AGREE TO BE BOUND BY THE ONLINE TRAINING SERVICE TERMS AND CONDITIONS, IN ADDITION TO THE GENERAL TERMS AND CONDITIONS SET HEREIN.
All Digital Content is copyrighted. No part of the Digital Content may be copied, photocopied or reproduced in any form or by any means without the explicit written consent of Optimal MRM.
Except for the rights explicitly granted to you in this Agreement, all rights, titles and interests in Optimal MRM’s Digital Content are reserved and retained by Optimal MRM. Optimal MRM does not grant or transfer any right, title or interest in the Digital Content.
You do not acquire any ownership rights in the Digital Content by streaming or downloading the Digital Content. You simply acquire a license to use such Digital Content as described in this Agreement.
Optimal MRM reserves the right to modify, change, suspend, terminate or discontinue the provision of any Digital Content, or any part thereof, at any time, with or without notice to you. Optimal MRM will not be liable to you for any such changes even if those changes affect your use of Digital Content.
Optimal MRM reserves the right to modify this Agreement and Terms and Conditions at any time. Your continued use of the Optimal MRM website, or any of the Digital Content will constitute your acceptance of such changes.
You acknowledge and agree that Optimal MRM may place limits on the number of Devices and/or software applications you may use to access Digital Content and that such limits may be set by Optimal MRM at any time at Optimal MRM’s discretion.
In order to use the Online Training Service, you must register a membership account with Optimal MRM. You must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. Subscription to the Digital Content is not required for registering a membership account.
You are entirely responsible for maintaining the confidentiality of any password and/or username that you may be required to create. You agree to notify Optimal MRM immediately of any unauthorized use of your account or any other breach of security. Optimal MRM will not be liable for any loss that you may incur as a result of someone else using your password or account due to your fault, either with or without your knowledge.
Each registered member/subscriber to the Online Training Service is granted a unique user ID and password which is used to gain access to the Online Training Service. Under no circumstances whatsoever may any registered user share or distribute their user IDs or passwords to third parties.
Subscribers with printable rights are granted permission to produce a single hard copy of associated downloadable PDF materials for their own use only. Under no circumstances whatsoever shall subscribers distribute the Digital Content contained within this site.
Minimum System Requirements
To use the Online Training Service, you will need a compatible device, working internet access, and compatible software.
Subscribers are required to have an installed working version of Adobe Acrobat Reader in order to view the downloadable PDF file that is a part of the Digital Content.
Subscribers are required to have an installed working version of Microsoft Excel (minimum version: Excel 97) running on a Windows operating system. An Excel application is not required if choosing to view a module’s presentation video on a tablet device such as iPad, Galaxy, and other similar devices which may be unable to run Microsoft Excel. The Excel spreadsheets developed for the Online Training Service use visual basic (VBA) code developed in a Windows-based environment and may not be supported in an Excel application that is running on a Mac (Apple) operating system.
Your ability to use the Online Training Service and the performance of the Online Training Service may be affected by these requirements. It is your responsibility to ensure compliance with these requirements before you make a purchase and whenever you want to access the Digital Content to which you have purchased subscriptions.
word which is used to gain access to the Online Training Service. Under no circumstances whatsoever may any registered user share or distribute their user IDs or passwords to third parties.
Subscribers with printable rights are granted permission to produce a single hard copy of associated downloadable PDF materials for their own use only. Under no circumstances whatsoever shall subscribers distribute the Digital Content contained within this site.
Terms of Purchase
By making a purchase, you confirm that you have read and agree to be bound by the Terms and Conditions. The Terms and Conditions are subject to change without notice, therefore you should always read the Terms and Conditions before making a purchase. In the event of any conflict or inconsistency between the Terms and Conditions and any terms, rules, policies or guidelines posted elsewhere (and, to the extent applicable, all other terms and conditions made available to you (in any manner or form) in connection with any products or services purchased online on this Site), the Terms and Conditions shall be the governing terms.
Your order is accepted and a contract concluded once Optimal MRM has sent you an email confirming subscription to 1 or more modules (‘Confirmation of Module Subscription’). You hereby expressly consent that the supply of Digital Content and the performance of Optimal MRM’s Online Training Service begins immediately after Optimal MRM has sent you the Confirmation of Module Subscription email.
Prices shown exclude any applicable taxes, unless otherwise indicated. Subscription to the Digital Content is sold to you on a pre-payment basis. Payment is due immediately with the order and in case of an automatic renewal of a subscription at the beginning of the new subscription period. Payment can be made from a credit card or a PayPal account. For third-party payment and billing providers, such as PayPal, the provider’s additional terms and costs may apply.
Optimal MRM must receive all requests for refunds, replacements, and adjustments via email or in writing within 7 days after the purchase. Refunds, replacements, adjustments will be considered for accounts that have not been utilised whatsoever; therefore if you have already used your account, you will not be entitled to a refund.
Technical problems resulting in you being unable to view the Online Training Service materials may be eligible for refund. Optimal MRM must receive written or email notification of the problem and be given the opportunity to fix the problem in order for a refund, replacement or adjustment to be considered.
Refunds, replacements, and adjustments will not be considered for slow internet signal transmission. Optimal MRM has no control over Internet bandwidth, which can affect performance, causing brief delays in the download speeds for the Online Training Service materials and display of the Site pages. Refunds, replacements, or adjustments will not be considered for a reduction in subscription duration or downgrading of access. While subscriptions can be renewed, Optimal MRM does not offer refunds for subscriptions that have been partially used in any way.
If the Online Training Service is inaccessible for more than 15 hours consecutively, one day will be added to your existing subscriptions.
Prices and specifications are subject to change without notice, therefore you should always check prices before making a purchase.
Optimal MRM may, from time to time, change, modify or update the Terms and Conditions and the revised Terms and Conditions will apply to all subsequent subscription purchases. You agree that you will review the Terms and Conditions before making any purchase. You understand and agree that if you use the Online Training Service after the date on which the Terms and Conditions have changed, Optimal MRM will treat your use as acceptance of the updated Terms and Conditions.
Optimal MRM does not guarantee the availability of the Service or that any aspect of the service will operate without fault or delay. Optimal MRM is not responsible, in any way, for delays or problems incurred, with particular reference to internet communications services and equipment, third party services and Internet Service Providers.
Optimal MRM reserves the right to make any changes to the Online Training Service content of any form, location, domain, or any aspect of the Site, without notice and at any time.
Unless otherwise specified, the Online Training Service is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
In no event shall Optimal MRM and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
You may not and will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with the Digital Content, whether in whole or in part, or create any derivative works from or of the Digital Content.
You represent, warrant and agree that you will use the Online Training Service only for your personal, non-commercial, and not for any redistribution of the Digital Content. You agree not to infringe the rights of Optimal MRM as they pertain to Digital Content copyrights and to comply with all applicable laws in your use of the Digital Content. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer the Digital Content.
You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of Optimal MRM and is protected by law.
Subscription to a module provides access to the presentation video for a 9 months period following the module subscription date, up to a maximum of 9 views. The number of views is counted as a function of each click of the ‘Launch’ button for a given module.
No Unlawful or Prohibited Use
As a condition of your use of the Online Training Service, you will not use the Online Training Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Online Training Service in any manner that could damage, disable, overburden, or impair any Optimal MRM or any of its service provider server, or the network(s) connected to any Optimal MRM server, or interfere with any other party’s use and enjoyment of the Online Training Service.
You may not attempt to gain unauthorized access to the Online Training Service, other accounts, computer systems or networks connected to any Optimal MRM server or to any of the Services, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Online Training Service.
General Use Restrictions
All Digital Content provided through the Online Training Service are the copyrighted work of Optimal MRM. Except as stated herein, none of the Materials may be copied, reproduced, distributed or republished in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Optimal MRM.
No part of the Online Training Service, including logos, graphics, or images, may reproduced or retransmitted in any way, or by any means, without the prior express written permission of Optimal MRM. Furthermore, you may not ‘mirror’ any Digital Content provided as part of the Online Training Service.
Nothing on this Website shall be construed as conferring any license or permission under any of Optimal MRM’s intellectual property rights, whether by implication, or otherwise. You acknowledge sole responsibility for obtaining any such permission.
Disclaimer of Warranty
Unless otherwise explicitly stated, the Digital Content contained within the Online Training Service is provided “as is”, and are for subscriber use only, and all express or implied conditions, representations and warranties, including any implied warranty of fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid. Optimal MRM makes no representations, warranties, guaranties as to the quality, suitability, truth, accuracy or completeness of any of the Digital Content contained on this Site via the Online Training Service.or otherwise. You acknowledge sole responsibility for obtaining any such permission.
Limitation of Liability
Optimal MRM shall not be liable for any damages suffered as a result of using, copying, streaming, or downloading materials contained in the Online Training Service. In no event shall Optimal MRM be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) however it arises, whether for breach or in tort, even if Optimal MRM has been previously advised of the possibility of such damage.
You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site and the Online Training Service, and will not make a claim against Optimal MRM for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Online Training Service.
You agree to hold Optimal MRM harmless from, and you covenant not to sue Optimal MRM for any claims based on using any of Optimal MRM’s services, including the Online Training Service.
In no event shall Optimal MRM’s total liability to you for all damages arising from your use of the Online Training Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Online Training Service, exceed the amount you paid to subscribe to the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
Your rights under the Terms and Conditions and license to all Digital Content will automatically terminate without notice if you fail to comply with any of the Terms and Conditions. In case of such termination, you must cease all use of the Digital Content and immediately remove and destroy all copies of any Digital Content that you may have downloaded. Furthermore, Optimal MRM may immediately revoke your access to the Online Training Service without notice to you and without refund of any fees.
Optimal MRM reserves the right to refuse service to any person or entity, based on Optimal MRM’s sole discretion.
Optimal MRM’s failure to insist upon or enforce strict compliance with the Terms of Conditions will not constitute a waiver of any of Optimal MRM’s rights.
Please contact Optimal MRM If you have any questions or concerns regarding these Terms and Conditions.
These Terms and Conditions were last updated on 8-Aug-2012.