This Terms of Service document has been written by Optimism Apps Pty Ltd. It applies to the websites:
Finding Optimism (http://www.findingoptimism.com)
Optimism Online (https://www.optimismonline.com)
and the applications:
Optimism Software (Mac OS X and Windows)
Optimism Online
Optimism Clinician Dashboard
Optimism for iPhone
Optimism for iPad
Acceptance of Agreement
By using our Sites and Applications, you agree to comply with and be bound by the following terms of use. Please review the terms carefully. This Agreement constitutes the entire and only agreement between Optimism Apps Pty Ltd and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Sites and Applications, the content and the subject matter of this Agreement. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Sites and Applications following the posting of changes to these terms will mean you accept those changes.
Copyright
Optimism Apps Pty Ltd owns or licenses all materials in the Sites and Applications (”Materials”). The Materials are copyrighted and/or trademarked, and any unauthorized use of the Materials may violate copyright, trademark, and other laws. The copying, redistribution, use or publication by you of any such matters or any part of the Sites or Applications is strictly prohibited, except in cases where written consent has been given. You do not acquire ownership rights to any content, document or other materials viewed through the Sites or Applications. The posting of information or materials on the Sites or Applications does not constitute a waiver of any right in such information and materials.
Links to other Web Sites
The Sites and Applications may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any links does not imply approval or endorsement of the linked websites by us. If you decide to leave our Sites or Applications and access these third-party sites, you do so at your own risk.
Recourse
If you are dissatisfied with the Sites or Applications, or with any terms, conditions, rules, policies, guidelines, or practices in relation to the Site, your sole and exclusive remedy is to discontinue using the Sites and Applications.
Use of Information
We reserve the right, and you authorize us, to use and assign of all information regarding use of the Sites and Applications by you, and all information provided by you, in any manner consistent with our Privacy Policy.
Privacy Policy
Our Privacy Policy, as it may change from time to time, forms part of this Agreement.
Disclaimer
THE MATERIALS IN THE SITES AND APPLICATIONS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THESE SITES AND IN THESE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITES OR APPLICATIONS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
If applicable law does not allow the exclusion of implied warranties, the above exclusion may not apply to you.
Indemnification
You agree to defend, indemnify and hold Optimism Apps Pty Ltd, our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these terms and conditions by you or others, or arising in connection with the use of the Sites, Applications, or the Internet, including but not limited to the transmission, storage or retrieval of any message, information, software or other materials on the Sites, Applications or on the Internet by you or others.
Limitation of Liability
We take no responsibility for the accuracy or validity of any claims or statements contained in the information, documents and related graphics on the Site. Further, we make no representations about the suitability of any of the information contained in applications, software programs, information, documents and related graphics on the Sites for any purpose. All such applications, software programs, information, documents and related graphics are provided without warranty of any kind. In no event shall we be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use of information or applications available from the Site.
General Provisions
These terms shall be governed by and construed in accordance with the laws of NSW, Australia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in NSW, Australia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
This statement was last revised on 24 August 2012.
