Terms and Conditions (January 2023)
Please read these Terms and Conditions prior to using The Optimalists Site. The Optimalists reserve the right to modify or otherwise update the Terms and Conditions at any time without notice. Your continued use of theoptimalists.ca constitutes your acceptance of the Terms and Conditions, as amended from time to time.
Intellectual Property Rights
The Optimalists own all rights to the intellectual property and material contained in this Site, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Site.
Restrictions
You are expressly and emphatically restricted from all of the following:
- publishing any Site material in any media;
- selling, sublicensing and/or otherwise commercializing any Site material;
- publicly performing and/or showing any Site material;
- using this Site in any way that is, or may be, damaging to this Site;
- using this Site in any way that impacts user access to this Site;
- using this Site contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Site, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site;
- using this Site to engage in any advertising or marketing;
Certain areas of this Site are restricted from access by you and we may further restrict access by you to any areas of this Site, at any time, in our sole and absolute discretion.
No warranties
This Site is provided “as is,” with all faults, and The Optimalists make no express or implied representations or warranties, of any kind related to this Site or the materials contained on this Site. Additionally, nothing contained on this Site shall be construed as providing consult or advice to the user.
Limitation of liability
In no event shall The Optimalists, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Site, whether such liability is under contract, tort or otherwise, and The Optimalists, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Site.
Indemnification
You hereby indemnify to the fullest extent The Optimalists from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
The Optimalists is permitted to revise these Terms at any time as it sees fit, and by using this Site you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Site.
Assignment
The Optimalists shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Site, constitute the entire agreement between The Optimalists and you in relation to your use of this Site, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These Terms and Conditions are governed by the laws of the province of Ontario and the laws of Canada applicable thereto, without respect to conflict of laws principles. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect.