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User Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH OPTIMUM OFFERS YOU ACCESS TO OUR SERVICES.
Welcome OptiMum Childcare and Nannies Inc.
's User Agreement. This Agreement describes the terms and
conditions applicable to your use of our services at Opti-Mum.com. If you have any questions please feel free to email
info@opti-mum.com
We may amend this Agreement at any time by posting the amended terms on our site.
1. Eligibility.
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our
services are not available to minors. If you do not qualify, please do not use our services.
2. Fees and Services.
Our Fees are clearly listed on Opti-mum.com when you register with us. We may change our Fees for our services from time to time. Changes will be
posted. Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees associated with using our
service and our website and all applicable taxes.
3. Opti-mum.com is Only a Venue.
3.2 Release.
Because we are not involved in the actual transaction between families and nannies, in the event that you have a dispute with one or more users,
you release OptiMum (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with
such disputes.
3.3 Information Control.
We do not control the information provided by users which is made available through our system. You may find other user's information to be
offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site. Please note that there are also risks of
dealing with foreign nationals, underage persons or people acting under false pretense.
4. Fraud.
Without limiting any other remedies, OptiMum may suspend or terminate your account if you are found (by conviction, settlement, insurance or
escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
5. Your Information.
"your information" is defined as any information you provide to us or other users in the registration process or through any email
feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your
Information. With respect to Your Information:
5.2 Solely to enable OptiMum to use the information you supply us with, so that we are not violating any rights you might have in that
information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers)
right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently
known, with respect to Your Information. OptiMum will only use Your Information in accordance with our Privacy Policy.
6. Access and Interference.
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to
monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any
device, software or routine to interfere or attempt to interfere with the proper working of the OptiMum site. You agree that you will not copy,
reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the
prior expressed written permission of OptiMum.
7. Breach.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access and
refuse to provide our services to you:
(a) if you breach this Agreement or the documents it incorporates by reference;
(b) if we are unable to verify or authenticate any information you provide to us; or
(c) if we believe that your actions may cause legal liability for you, our users or us.
8. No Warranty.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "as is" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR
SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. Liability Limit.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR
SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION
GIVING RISE TO LIABILITY.
10. Indemnity.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it
incorporates by reference, or your violation of any law or the rights of a third party.
11. Legal Compliance.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
12. No Agency.
You and OptiMum are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship
is intended or created by this Agreement.
13. General.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous
factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and
the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the
subject matter hereof.
14. Disclosures.
The services hereunder are offered by OptiMum Inc., located at 625 West 22nd Avenue, Vancouver BC, Canada.
3.1 Overview.
Our site acts as the venue for families and nannies to list their positions and availability. We are not involved in the actual transaction
between families and nannies. As a result, we have no control over the quality, safety or legality of the positions advertised, the truth or
accuracy of the nanny listings, the ability of nannies to perform or the ability of families to pay wages.
5.1 Your Information (or any items listed therein):
(a) shall not be false, inaccurate or misleading;
(b) shall not be fraudulent or involve the sale of counterfeit or stolen items;
(c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection,
unfair competition, antidiscrimination or false advertising);
(e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) shall not be obscene or contain child pornography;
(g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
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OptiMum Childcare and Nannies Inc.
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