Welcome to www.optimismonline.com, a website owned by Optimism Apps Pty Ltd. By using our website, you agree to comply with and be bound by the following terms of use. Please review the terms carefully.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement (”Agreement”) with respect to our web site http://www.optimismonline.com (the “Site”). 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 Site, 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 Site following the posting of changes to these terms will mean you accept those changes.

Copyright

Optimism Apps Pty Ltd owns or licenses all materials on this Site (”Materials”). The Materials are copyrighted and/or trademarked, and any unauthorized us 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 Site 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 Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

Trademarks

Optimism Apps Pty Ltd logos and trademarks are displayed on the Site, including but not limited to Finding Optimism^TM, Optimism Online^TM and Optimism Software^TM. Other product and company names mentioned on the Site may be trademarks or service marks of their respective owners.

Links to other Web Sites

The Site 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 linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Recourse

If you are dissatisfied with the Site 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 Site.

Use of Information

We reserve the right, and you authorize us, to use and assign of all information regarding Site uses 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 THIS SITE 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 THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE 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 SITE 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 Site or the Internet, including but not limited to the transmission of any message, information, software or other materials on the Site 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 web applications, software programs, information, documents and related graphics on the Site for any purpose. All such web 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 software 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.