- Parties. This is the Agreement between you and all Persons you represent (“Person” includes natural persons and any type of incorporated or unincorporated entity) and CANADIAN BUSINESS SENSEABILITY and its licensees, if any (“Company“) regarding your access to and use of this website and all services, products, content and information available on or through www.senseability.ca (collectively, the “Website“).
- Amendments. Company may, from time to time and in its sole discretion, change this Agreement as it relates to future use of the Website, by posting a revised Agreement on this Website. By using the Website after this revised Agreement has been posted, you accept to be bound by the revised Agreement. You may not change this Agreement in any manner.
USE OF THE WEBSITE
- Lawful Use. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited. You may print, copy and use Website content for non-commercial, internal or private business purposes provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, trade-marks, notices, or disclaimers. The Website and its content may not, without the express prior written consent of Company, be copied, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, for any other purpose. You may not sell or resell any part of the Website or its content or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.
- Accuracy. All information you provide through this Website must be true, accurate, current and complete. Company will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Company or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update information within 30 days of any change.
- Linking etc. Links to the Website without the express written permission of Company are strictly prohibited. The framing, mirroring, scraping, data-mining (or any variation thereof) of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
- Ownership. This Website (including all content, text, graphics, scripts, presentation, and other information in text, graphical, video and audio forms, software, designs, applications, data, and other elements available on or through the Website) is and remains the property of Company and its licensors, and is protected by copyright, trade-mark and other intellectual property laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. Any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any Person you represent, including without limitation any patent rights, industrial design rights and copyrights, shall be and remain the exclusive property of Company.
- Trade-Marks. “CANADIAN BUSINESS SENSEABILITY”, “SENSEABILITY” and other names and logos appearing on or in connection with Website (the “Trade-Marks“) are registered or unregistered trade-marks, trade names and logos owned or licensed by Company or their respective owners or licensees. Any use of the Trade-Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing on this Website shall be construed as granting, any licence or right to use any of the Trade-Marks.
- Software. Company and its licensees, if any, may cause software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and your downloading and use of such software is governed by the applicable transaction agreement and the Software Licence Agreement specific to such software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software Licence Agreement.
- No guarantee. In no event shall Company be liable for any representation, warranty or guarantee made by any other third party in respect of the Website. Although Company attempts to provide current and accurate information on the Website, errors, inaccuracies, omissions or other errors may sometimes occur and Company cannot guarantee that all content and data provided on the Website will always be accurate, complete and up to date. Company reserves the right to correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other Person.
- Related sites. For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively “Linked Sites“). Linked Sites are independent from Company, and Company has no responsibility or liability for or control over Linked Sites, their business, goods, services, or content. Company does not sponsor or endorse Linked Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Linked Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Company arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites. As between you and Company, this Agreement, with all necessary modifications, applies to your access and use of any Linked Sites and their business, goods, services and content.
DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS
- Disclaimers. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY COMPANY TO THE FULLEST EXTENT PERMITTED BY LAW.
- Liability exclusions. COMPANY AND ITS LICENSORS AND LICENSEES, IF ANY, WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY, REGARDLESS OF ANY FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY COMPANY OR ANY PERSON FOR WHOM COMPANY IS RESPONSIBLE, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
GOVERNING LAW AND MISCELLANEOUS
- Applicable laws. This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of the Province of Ontario and the applicable federal laws of Canada. Any dispute between you and Company or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively “Disputes“) will be resolved before the Courts of the Province of Ontario, sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of these courts in respect of all Disputes.
- Restriction on use. Notwithstanding any other provision of this Agreement, Company may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Company may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other Person.
- Termination. If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and Company will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
- Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, then those provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect.
- Benefit. This Agreement inures to the benefit of and is binding upon each of Company and its successors, assigns and related Persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Company may assign this Agreement and its rights and obligations under this Agreement without your consent.
- Non-waiver. Any rights not expressly granted by this Agreement are reserved to Company. No consent or waiver by Company to or of any breach or default by you in your performance of your obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other of your obligations; or (b) effective unless in writing and signed by Company.
Notice. You may contact Company by postal mail or email at email@example.com.