Website Use – www.kindredcanada.ca
Kindred Partners Inc., a Canadian corporation with an address at 132 Peter Street, Suite 1502, Toronto, ON Canada M5V 2H2 (“Company,” “we” or “us”), operates the website located at www.kindredcanada.ca (the “Website”). By using the Website, you agree to comply with all of the terms, conditions and notices contained or referenced herein (the “Terms”).
BY USING THE WEBSITE, YOU ACCEPT THE TERMS AND AGREE TO BE BOUND BY THEM. YOUR REMEDY FOR DISSATISFAC- TION WITH THE WEBSITE OR ITS CONTENTS IS TO CEASE USING THE WEBSITE.
1. ACCESSING THE WEBSITE
You are responsible for any steps necessary for you to have access to the Website. We reserve the right to shut down or change the Website, and any service or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
2. INTELLECTUAL PROPERTY RIGHTS
(a) The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licen- sors or other providers of such material, and are protected by Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by the Company.
(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download,
translate, communicate to the public by telecommunications, store or transmit any of the material on the Website, in whole or in part.
(c) You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accom- panying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; (iii) employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any data from the Website.
(d) The Company name, the Company logo, and all related names, logos, product and service names, marks, designs and slogans, are trademarks of the Company or its affiliates or licensors. You may not use such trademarks without the prior written permission of the Company. All other names, logos, product and service names, marks, designs and slogans on the Website are the trademarks of their respective owners.
3. MONITORING; TERMINATION OF ACCESS
We have the right to (a) monitor your use of the Website, subject to the terms of our Privacy Policy, (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, and (c) terminate or suspend your access to all or part of the Website.
4. YOUR REPRESENTATIONS AND OBLIGATIONS
(a) You may use the Website only for lawful purposes and in accordance with these Terms.
(b) You promise that: (i) you are of legal age of majority in your jurisdiction (province/territory) of residence; (ii) you will not use the Website in any way that violates any applicable federal, provincial, local or international law or regulation; (iii) you will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity; (iv) you will not do anything that could disable, overburden, damage, or impair the operation of the Website or interfere with any person’s use of the Website; (v) you will not use any robot, spider or other automatic program, device, process or means to access the Website for any unlawful purpose or in violation of these Terms; (vi) you will not introduce any malware, including but not limited to viruses, trojan horses, worms, logic bombs, rootkits or other material which is malicious or techno- logically harmful; (vii) you will not access or attempt to access data or files on the Website that you are not expressly
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authorized to access, and (vii) you will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of the Company.
5. COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement where appropriate.
6. RELIANCE ON INFORMATION
The information presented on or through the Website is made available solely for general information purposes only. The Company makes no representations or warranties whatsoever regarding the quality of the information. We do not make any statements regarding the accuracy, completeness or usefulness of this information. There may be errors and omissions on the Website or in its content. The Company is not engaged in rendering professional services or in providing advice. If profes- sional advice or other expert assistance is sought, the services of a competent professional should be sought. Any reliance you place on such information is strictly at your own risk, and under no circumstances shall the Company be liable for any loss suffered as a result of such reliance. The Website may include content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.
7. PRIVACY
All information we collect on the Website is subject to our Privacy Policy which can be reviewed at www.kindredcanada.ca. By using the Website, you consent to our collection, use and disclosure of your personal information as set out in the Privacy Policy.
8. LINKS TO THIRD PARTY SITES
If the Website contains links to other sites and resources provided by third parties, these links are provided for your conve- nience only. We have no control over the contents of such sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.
9. LINKS TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, but you may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part (unless you have received the express written consent of the Company).
Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you;
Cause the Website or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
Link to any part of the Website other than the homepage; or
Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with any content standards determined by the Company in its sole discretion. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.
10. DISCLAIMERS
YOUR USE OF THE WEBSITE, OR ITEMS OR INFORMATION OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY PROMISE, WARRAN- TY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILI- TY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY PROMISES, REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITEMS OR INFORMATION OBTAINED THROUGH THE WEBSITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, LEGAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM OUR WEBSITE. YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE WEBSITE BY YOU.
12. CHANGES
We reserve the right, in our sole discretion, to change any of the provisions of these Terms at any time. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions.
13. EQUITABLE RELIEF
You acknowledge that a breach of any proprietary rights provision of these Terms may cause the Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the Company may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and the Company may seek the entry of an injunction enjoining any breach or threatened breach of those provi- sions, in addition to any other relief to which the Company may be entitled at law or in equity.
14. WAIVER AND AMENDMENT
No waiver of any right, obligation or default by the Company shall be implied, but must be in writing, signed by an authorized agent of the Company. If the Company fails to insist upon strict performance of your obligations under any of these terms and conditions, or if the Company fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by the Company of any default will constitute a waiver of any subsequent default, and no waiver by the Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15. SEVERABILITY
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
16. GOVERNING LAW AND VENUE
These Terms shall be construed and governed by the laws of the Province of Ontario, without regard to its principles of conflict of laws, and the federal laws of Canada applicable therein. You agree that any legal action or proceeding in connec- tion with the Website, its contents, or these Terms shall be brought in the court of competent jurisdiction located in the City of Toronto, Ontario, and you expressly waive any objection to the jurisdiction or venue of such courts.
17. GEOGRAPHIC RESTRICTIONS
Software, functionality, and/or features (collectively, “Downloadable Content”), that may be available on or through the Web- site from time-to-time, may be subject to import of export control under the legislation of Canada, the United States or other countries.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website in any way that violates any applicable federal, provincial, territorial, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries) and you certify that you are not on any list of restricted persons with whom it is unlawful for a U.S. or Canadian company to do business or in any country listed on a U.S. or Canadian restricted export list. By downloading or using any Downloadable Content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. No Downloadable Content may be forwarded.
Although the Website may be accessible worldwide, it is intended for use in Canada and we make no representation that the content on the Website is appropriate or available for use in locations outside Canada. Accessing the Website or its content from territories where such content is illegal is prohibited. Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Website or its Content is void where prohibited.
18. COMPLETE UNDERSTANDING
These Terms, together with the Privacy Policy and any other document included herein by reference, constitutes the sole and entire agreement between you and the Company with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. No represen- tation, inducement, promise or agreement, oral or written has been made by the Company or anyone acting on its behalf which is not contained herein.
19. FUTURE BUSINESS TRANSACTIONS
As we continue to develop our business, we might undergo a change of ownership such as a merger and/or a sale of all or substantially all our stock or assets. In such transactions, user information generally is one of the transferred business assets, and by submitting any data or contributions (collectively, “Data”) to us, you agree that such Data may be transferred to such parties in these circumstances.
20. YOUR COMMENTS AND CONCERNS
The Website is operated by Kindred Partners Inc., a Canadian corporation with an address at 132 Peter Street, Suite 1502, Toronto, ON Canada M5V 2H2. If you have any questions, please contact us via email at Info@kindredcanada.ca or mail us at the above address.
LAST MODIFIED: OCTOBER 17, 2018
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