GENERAL TERMS AND CONDITIONS
These Terms and Conditions apply to the use of OptimalMRM.com (‘this Site’)
User Agreement & Acceptance
Please read these Terms and Conditions carefully before using this Site, which 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.
By using our Site, you represent and warrant that you: (a) are of legal age or legal capacity in your jurisdiction; (b) agree to all of the terms and conditions stated herein; (c) have the right, power, and authority to bind your represented entity or the agency to these terms and conditions.
You hereby acknowledge and covenant to abide by and comply with any applicable federal, state and local rules and regulations applicable to your use of our services. If you do not agree to abide by these Terms and Conditions, you should not use this Site, download or use materials from it.
In the event of any conflict or inconsistency between these 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), these Terms and Conditions shall be the governing terms.
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.
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’).
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.
Before using the Online Training Service, please read these terms and all rules and policies related thereto (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).
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. Unless otherwise specified, the Online Training Service is for your personal and non-commercial use.
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.
You are entirely responsible for maintaining the confidentiality of any password and/or username that you may be required to create. Under no circumstances whatsoever may any registered user share or distribute their user IDs or passwords to third parties.
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.
Optimal MRM reserves the right to refuse service to any person or entity, based on Optimal MRM’s sole discretion. Optimal MRM does not provide its services to persons under the age of eighteen (18). Users under the age of eighteen (18) may use the Online Training Service, only with the express, unequivocal consent of their legal guardians.
We reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion. Upon the failure to provide such proof of age, we reserve the right to immediately freeze, block or cancel the account, with no liability.
Optimal MRM does not knowingly collect any kind of information from any person under the age of thirteen (13), and will delete any related information thereto. All of our users are otherwise prohibited from providing us with personally identifiable information of persons under the age of thirteen (13).
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, updated and 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 or iOS 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.
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.
Terms of Purchase
By making a purchase, you confirm that you have read and agree to be bound by these Terms and Conditions.
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.
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. Prices and specifications are subject to change without notice; therefore, you should always check prices before making a purchase.
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 shall not be held responsible for any and all costs, charges and currency conversion fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.
You must provide us with valid and current billing information. Except as expressly set forth herein, all payment charges are final and non-cancelable. If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice.
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 subscriptions that have not been accessed. If you have already accessed the content of a purchased subscription, you will not be entitled to a refund on that subscription.
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.
If you have any questions or complaints regarding the Site or the Online Training Service, please contact us by email as indicated on our contact web page. We will undertake commercially reasonable efforts in order to answer as quickly as possible. You must provide us with full details of your service query so that we can clearly assess your concerns.
User Code of Conduct
As a user of our Site, Content (as such term is defined in the limited license section herebelow), Online Training Service, methods and processes, you agree to not undertake the following activities, which shall include but will not be limited to:
infringe the rights of Optimal MRM as they pertain to our Content’s copyrights and to comply with all applicable laws in your use of the Content;
redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer the Content;
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 Online Training Service;
encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with the Content, whether in whole or in part, or create any derivative works from or of the Content;
disrupt or interfere with any other person’s use and enjoyment of this Site or affiliated or linked sites;
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;
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;
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;
transmit 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;
interfere with the security of, damage, disable, overburden, impair or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site, an affiliated or linked site, or any service provider server, or the network(s) connected to any Optimal MRM server;
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;
advertise or offer to sell or buy any goods or services for any commercial purpose unless such forum specifically allows such messages;
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;
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;
obtain or attempt to obtain any materials or information through any means not intentionally made available through the Online Training Service.
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.
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.
Limited User License
Subject to the Terms and Conditions set forth in this Agreement, Optimal MRM grants you a non-exclusive, non-transferable, limited, revocable, royalty free right to access, use and display this Site, and the visible text, graphics and images thereon (‘the Content), and to view and download the Content, only in connection with the products and services described by Optimal MRM.
Subscribers who have purchased printable rights for the Content are granted permission to produce a single hard copy of associated downloadable PDF materials for their own use only.
You acknowledge and agree that Optimal MRM may place limits on the number of Devices and/or software applications you may use to access Content and that such limits may be set by Optimal MRM at any time at Optimal MRM’s discretion.
Content Usage Restrictions
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.
This authorization is not a transfer of title in the Content or to copies of the Content and is subject to the following restrictions:
You must retain all copies of the Content downloaded, all copyright and other proprietary notices contained in the Materials;
you may not modify the Content in any way, reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purpose;
you may not transfer the Content to any other person without Optimal MRM’s written consent,
‘mirror’ any Content provided as part of the Online Training Service.
Except as stated herein, the Content may only 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.
You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Content.
Any use of the Content obtained via this Site other than the preceding, including, but not limited to reproduction, exploitation, modification, distribution, republication, de-compilation, syndication, 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.
Your rights under the Terms and Conditions and license to all 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 Content and immediately remove and destroy all copies of any 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.
Copyright and Trademark Information
This Site, including all Content, 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 Content. 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.
The product names, company names and logos of Optimal MRM used on this Site may be trademarks, including registered trademarks of Optimal MRM and/or its authorized licensors, affiliates and partners. Other product and company names mentioned on this Site may be the trademarks of their respective owners.
The Materials are provided to you ‘as is’ and ‘as available’. Optimal MRM reserves the right to change, edit or remove the Online Training Service and Content 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.
This Site, the Materials and information accessible through this Site are provided 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, reliability, 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 makes no representations or warranties as to the quality, suitability, accuracy or completeness of any of the Content contained on this Site via the Online Training Service or otherwise.
Optimal MRM does not warrant that this Site will operate without interruptions or that it will be error free. This Site may include inaccuracies or typographical errors.
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. 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.
Disclaimers of Damages
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.
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.
Limitation of Liability
In no event shall Optimal MRM’s total liability to you for all damages arising from your use of the Online Training Service, the 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. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within 6 months after the claim or cause of action arises. These limitations will apply to you even if the remedies fail of their essential purpose.
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.
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 shall indemnify, hold harmless, and defend Optimal MRM, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, “Optimal MRM’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Optimal MRM’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Optimal MRM); and/or (ii) any third party claim arising out of or in relation to Optimal MRM or use thereof in combination with your business platform, including without limitation, any claim that Optimal MRM violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person
Links & Third-Party Content
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. 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.
Links to, and appropriately credited quotes from this Site (appropriate credit includes author, article title, article date, article, and date retrieved), are permitted. All links to this Site must be approved in writing by Optimal MRM.
Linked materials and websites 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.
Optimal MRM may, from time to time, change, modify or update to the Online Training Service, the Content, any aspect of the Site, along with these Terms and Conditions, 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 Content.
You agree that you will review the current version of the Terms and Conditions before making any purchase. You understand and agree that if you use the Site, the Online Training Service or any of the Content 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. Henceforth, the revised versions of the Site, Online Training Service and/or Terms and Conditions will apply to all subsequent subscription purchases.
Forum and Applicable 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 Content 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.
These Terms will inure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of Optimal MRM’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Entire Agreement. These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by both parties.
Equitable remedies. You hereby acknowledge and agree that if these Terms are not specifically enforced, Optimal MRM will be irreparably damaged, and therefore you agree that Optimal MRM shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
Force Majeure. Optimal MRM shall not be liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond our reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.
Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.
Language. These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
No Waiver. Failure by Optimal MRM to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
No Relationship. You and Optimal MRM are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Notices. All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect.
Taxes. You are responsible for complying with all tax obligations associated with your account. It is important that you keep complete and accurate contact details in order for us to remit invoices, especially payment processing account details.
Please contact us if you have any questions or concerns regarding these Terms and Conditions.
These Terms and Conditions were last updated on April 4, 2020.