User agreement: the following are the terms of a legal agreement (the “agreement”) between you and Optimize Inc. that sets the terms and conditions for your use of this web site (the “site”). In this agreement, “optimize,” “we,” “us,” or “our” means Optimize Inc. and any of its officers, directors, and principals and “you,” “your,” and “your” refer to you, the user or visitor of the site. The site is owned and operated by Optimize and provided to you expressly subject to this agreement. By accessing this site, you acknowledge that you have read, understand and agree to be bound by the terms and conditions of this agreement.
If you have questions regarding this Agreement or the practices of Optimize, please contact us by email at firstname.lastname@example.org. Eligibility: the eligibility to register, participate and use the Site is subject to final determination by Optimize. In addition, this Site is intended solely for the users who are eighteen (18) years of age or older, and any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of this Agreement. By using this Site, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.
In order to protect your confidentiality you hereby acknowledge and agree to log off from the Site every time you are not using it. You agree to keep your passwords absolutely confidential; they are for your use alone. You will not tell anyone else (including a close family member, a friend, any bank, financial institution, investment brokerage or dealer, company or public official) what your password is. You must carefully select your passwords so that they cannot be easily guessed by anyone else. When choosing a password, you must not use: 1. Your name or a close relative’s name, 2. Your birth date, year of birth, telephone number or address, or a close relative’s, 3. Your Nickname, 4. Any other number which can be easily obtained or guessed by someone else, or, 5. A password you use for any other service.
Copyright: information on this site, including but not limited to text, graphics, images, downloadable content, and links to other Internet resources (collectively, “Site Information”), is protected under the copyright laws of United States, Canada and other countries. Certain items of the Site Information may be the copyright of others. Unless otherwise specified, no one has permission to copy, redistribute or republish, in any form, any Site Information.
Trademarks: certain names, words, titles, phrases, logos, icons, graphics, or designs on the pages of this site are trade names or trademarks owned by Optimize or its subsidiaries, or trade names or trademarks licensed to them by third parties. The display of trademarks within this site does not grant you a license of any kind.
Patent information: technologies and processes embodied in and used by this site may be covered by one or more current or pending Optimize’s patents.
Intellectual property waiver: the posting of the contents of this site neither constitutes a waiver of any of Optimize’s proprietary rights or any other party’s proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents and other intellectual property, nor a transfer by implication, estoppel or otherwise of any such rights or of any license to the site user or to any third party. Any downloading of the material contained in the site, or of any site linked to the site, may be a violation of the trademark and copyright laws. Any downloading of contents of this site or any site linked to this site may be a violation of the trademark laws and copyright laws.
Intellectual property: you acknowledge and agree that the site and any necessary software used in connection with the site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except where expressly authorized by Optimize, you agree not to modify, rent, lease, loan, sell, distribute, create derivative work on, decipher, decompile, disassemble, or reverse-engineer any software or the site itself, in whole or in part.
Email and notices: Optimize may provide you with notices, including those regarding changes to the Agreement, by email, regular mail or posting on the Site. By providing us with your email, you agree that all required notices sent electronically by email to your registered email address shall be deemed to have been duly given and effective upon transmission. If your registered email address changes, you must notify Optimize by sending an email to email@example.com.
Warranties: Optimize including its providers and affiliates, its respective officers, directors, advisors, employees, shareholders, agents, independent contractors or licensors provide no guarantee as to the accuracy, adequacy, timelines, reliability, completeness, or usefulness of any of the content of the site and disclaim liability for errors, omissions, possible technical inaccuracies or typographical errors. In addition, Optimize does not take any obligation or responsibility to update or amend any outdated information. We reserve the right to terminate any or all site services or transmissions, discontinue or make changes in the content of the site without any prior notice and without any liability to you. This site and all of the content is provided on an “as is” and “as available” basis, without any warranty, either express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or title. We do not warrant as to the results of your use of the site content or as to the operation, usefulness, completeness, or correctness of the site.
We do not warrant or represent that access to this site will be uninterrupted, or that there will be no delays, defects, incompatibility, difficulties in use, failures, errors, or loss of transmitted information. We do not warrant that the site is free of viruses, trojans or other contaminating or harmful components or that no damage will occur to your computer system. We do not warrant, guarantee or make any representations regarding the quality of, or accuracy of advertisements for, any merchandise, products or services offered or provided by its suppliers in conjunction with the site. No liability for use of site: Optimize will not be liable for any damages, losses or expenses (including direct, indirect, special, incidental, consequential or punitive damages) arising from the use or inability to use this site or the site information, or an error, omission, interruption, defect, delay, computer virus, system failure, loss of data or otherwise, even if Optimize or its representatives are advised of the possibility of such damages, losses or expenses. Optimize is not responsible in any manner for direct, indirect, special, incidental, or consequential damages, however caused, when you transmit confidential or sensitive information to us or if we communicate such information to you at your request over the internet.
Use of this site is at your own risk. In no event will Optimize be liable for any lost profits damages, including special, consequential or punitive, even if you informed Optimize of the possibility of such damages. Optimize’s total liability to the site user under or arising out of this agreement shall be limited to the aggregate amounts paid or due and owing by the site user to Optimize hereunder. Hyperlinks & third-party sites: hyperlinks to other Internet resources or web sites are used at your own risk. We are not an agent or broker or otherwise responsible for the activities, policies and content of these third-party sites. Those sites are independent from Optimize and we have no control over the content of those third-party sites. Optimize makes no representations or warranties whatsoever, express or implied, about other web sites which you may access through our Site. You acknowledge that third-party sites may have their own terms and are not governed by this Agreement.
Links to other web sites do not mean that Optimize endorses, recommends, or accepts any responsibility for such web sites or their content. Third-party Sites are not subject to our privacy or security standards. In no event shall any advertising that may appear on the Site or other reference to any third party or third party product or service be construed as an approval, recommendation, solicitation, encouragement, guarantee or endorsement by Optimize of that third party or of any product or service provided by a third party. We do not guarantee that any loan, investment, account, plan or other service or product terms, rates or rewards offered by any particular advertiser or other third party on the Site are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market.
Indemnification: you agree to indemnify and hold us and our subsidiaries, affiliates, principals, officers, directors, advisors, agents, and employees, harmless from and against any and all claims, losses, expenses, demands or liabilities, including reasonable legal fees, made by any third-party due to or arising out of any materials, images, or any other content you submit to, link to, post to, or transmit through this Site, or your breach of this Agreement, or your violation of any law or the rights of a third-party. You further agree that you will cooperate fully in the defense of any such claims. Optimize reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Optimize.
You further agree to indemnify and hold harmless our subsidiaries, affiliates, officers, directors, principals, advisors, agents, and employees, from any claim arising from a third-party’s use of information or materials of any kind that you post to this Site. Amendment and termination: this agreement is effective until terminated by Optimize. We reserve the right to amend this agreement at any time by posting the revised agreement on the site. All the changes shall be effective upon posting to the site. You understand and agree that your continued use of the site after we made any such changes constitutes your acceptance of the new agreement. We may, in our sole discretion, with or without cause, and at any time without notice, terminate this agreement or suspend or terminate your access and use of this site, remove any content, or restrict your access to any part or parts of the site without notice or liability.
Severability: if any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. Not offering any advice: this site including any related communication is for informational purposes only and is not intended to provide specific financial, investment, tax, legal, accounting or other advice to you, and should not be acted or relied upon in that regard without seeking the advice of a professional. In all circumstances, you should seek guidance from your current advisor as your advisor can help to ensure that your own circumstances have been properly considered and any action is taken on the latest available information. We do not guarantee the accuracy or completeness of information on the Site and do not assume any liability for any loss that may result from reliance by any person upon any such information or recommendation as they are for general information purposes only.
No information contained anywhere in this Site or related to this Site constitutes an offer by any member, employee, officer, director or affiliate of Optimize to buy or sell any securities or financial instruments. Furthermore, you agree that any grant to you from Optimize or ability to access, sign up to, become a member, create a profile, receive emails, create or make posts to the Site, reply to posts on the Site, use any tool on the Site, subscribe to, or otherwise use or view this Site and its services in no event shall be considered to be an encouragement to leave your current business or service provider or a solicitation to do business or an opening of an account of any kind with Optimize or with any of its principals, directors, or officers.
Use of personal information: As the owner of the Information, by submitting information, data, passwords, usernames, pins, other log-in information, materials and other content to us, you grant Optimize a license to use and store that information solely for the purpose of providing financial data aggregation along with other benefits to you. By submitting this content to Optimize, you represent that you are entitled to submit it to Optimize for use for this purpose, without any obligation by Optimize to pay any fees or other limitations. Any fees charged by any third-party or web site in relation to accessing the third-party web site are the sole responsibility of you and not of Optimize.
Statute of limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Applicable law: The Agreement and the relationship between you and Optimize shall be governed by the laws of the province of Ontario without regard to its conflict of law provisions. Notwithstanding the foregoing, Optimize may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).You also acknowledge and understand that, with respect to any dispute with Optimize, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement you are giving up your right to have a trial by jury and you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute.
Interstate nature of communications: you hereby acknowledge that using this Site to send electronic communications (including by not limited to email, search queries, sending massaged, uploading photos and files, and other Internet activities), you will be causing communications to be sent through the computer networks, located anywhere within and outside of the United States and Canada. As a result, even if communications seem to be intrastate or intraprovincial in nature, they can result in the transmission of interstate or interprovincial communications regardless where you are physically located at the time of transmission. Accordingly, you hereby acknowledge that use of the Site results in interstate or interprovincial data transmissions. Alerts: Optimize may from time to time provide automatic alerts and user-activated alerts. User-activated alerts may be activated, customized, deactivated and reactivated by registered users. Optimize may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different available options, and you may be asked to select from among these options upon activation of your alerts service. Because alerts are not encrypted, sensitive private information will be potentially exposed. Note, that anyone with access to your email or mobile device will be able to view the content of these alerts. You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Optimize neither guarantees the delivery nor the accuracy of the content of any alert. You also agree that Optimize shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. No resale: You hereby agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site without express authorization from Optimize. Modifications: Optimize reserves the right at any time and from time to time to modify, remove or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Optimize shall not be liable to you or to any third party for any modification, suspension, removal or discontinuance of any content of the Site or the Site itself. Blog, education and questions sections: The Blog, Education and Question sections are purely for informational purposes only. They are not intended to provide any specific financial, investment, tax, legal, accounting or other advice or service to you, and should not be acted or relied upon in that regard without seeking the advice of a professional. Optimize expressly disclaims any promises and representations in those sections. International use: Due to the global nature of Internet, you hereby agree to comply with all local rules regarding online contact and acceptable content. You hereby agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States or the country in which you reside. No third party beneficiaries: You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. Assignments: You may not assign, transfer, sublicense or otherwise delegate your rights under this Agreement to another person. Any such assignment, transfer, sublicense or delegation in violation of this section shall be null and void. This Agreement enures to the benefit of and binds you and us and our respective heirs, executors, administrators, personal and legal representatives and successors. Survival: All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
Electronic signature: At certain times during your use of the Site, you may be requested to accept or decline or otherwise acknowledge certain terms and conditions, agreements, notices and/or disclaimers. In each such instance, you agree that your clicking on the appropriate box, tab or other link shall constitute an electronic signature for purposes of your use of the Site and the electronic record thereof, if maintained by Optimize, shall be considered conclusive evidence of whether you accepted, declined or otherwise acknowledged such matter, absent manifest error by Optimize.
Opt-In Conditions: By filling out our ‘Send us an email’ online form, ‘Contact Us’ form, an ‘online chat’ form, ‘schedule an appointment’ form, or by signing up to our website, you are providing expressed consent to receive Optimize Wealth Management’s (and any of our affiliate companies’, including, but not limited to Optimize.ca, Optimize Capital Markets, P2P Financial Inc., Optimize Inc., Optimize Wealth Management, and The OCMX) newsletters and emails containing news, updates and promotions regarding any of our companies’ products or services. You can withdraw your consent at any time by sending an email to prosper@
General: This Agreement constitutes the entire agreement between the parties hereto and supersedes all previous agreements and understandings, whether oral or written, express or implied, with respect to the subject matter of this Agreement. The parties agree that a facsimile or any other electronic transmission of this Agreement, including posting it on the Site, shall constitute an original and legally binding document. Both parties expressly agree that in no event any communication in the Blog, Education or Questions sections of this Site may be construed as an amendment to this Agreement or as a separate agreement between you and Optimize.
In this Agreement words importing the singular number only shall include the plural and vice versa, words importing a specific gender shall include the other genders, and references to persons shall include individuals, partnerships, trusts, associations, unincorporated organizations and corporations. The headings used in this Agreement are for convenience of reference only and shall not in any way affect the interpretation of this Agreement. For every provisions of this Agreement, time shall be of the essence. The division of this Agreement into Sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.