Terms and Conditions

Terms and Conditions of Use

In using this Website you are deemed to have read and agreed to the following terms and conditions.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

 

Terminology

The following terminology applies to these Terms and Conditions of Use:  “You” and “Your” refers to you, the person accessing this Website and accepting the Company’s Terms and Conditions. "The Company", “Ourselves”, “We” and "Us", refers to BrainFx Inc. and its affiliates and related legal entities, where applicable.  “Party”, “Parties”, or “Us”, refers to both You and Us, or either You or Us. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

Privacy Matters

We are committed to protecting your privacy. Please refer to our Privacy Policy on this Website.

Prohibited Practices  

In connection with your use of this Website, you expressly agree that you will not:

  1. impersonate any person or entity;

  2. "stalk" or otherwise defame, libel, abuse, harass, threaten or otherwise cause emotional distress or violate the rights of any person (including any Company employees or customer service representatives);

  3. commit any criminal or quasi criminal offence, including without limitation, any pornography, hate, assault or economic crime whatsoever or violate any law of any applicable jurisdiction;

  4. publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, violent or unlawful material or information;

  5. express or imply that any statements you make are endorsed by the Company without our specific prior written consent;

  6. advertise or offer to sell any goods or services or conduct or forward any surveys, contests or chain letters;

  7. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of this Website;

  8. remove any copyright, trademark or other proprietary rights notices contained in this Website or violate any copyright, trademark or other proprietary or intellectual property rights of others;

  9. interfere with or disrupt this Website or the servers or networks connected to this Website or obtain or attempt to obtain any unauthorized access to this Website whether by circumvention any authentication or security feature or otherwise or accessing unauthorized data or using an unauthorized account or probing the security of this Website or attempting to overload this Website or burden its resources by any “denial of service” attacks, “flooding” of networks or other attempts to “crash” a host;

  10. post, email or otherwise transmit any content that contains software viruses or any other harmful or other computer code, files, Trojan horses or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  11. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to this Website;

  12. "frame" or "mirror" any part of this Website and you will not use meta tags, links or code or other devices containing any reference to the Company or this Website in order to direct any person to any other web site for any purpose; and

  13. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion or aspect of this Website or cause others to do so.


Disclaimer/Exclusions and Limitations

The information on this Website is provided on an "as is" basis. To the fullest extent permitted by law, the Company:

  • excludes all representations and warranties relating to this Website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or the Company’s literature; and

  • excludes all liability for damages arising out of or in connection with your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised the Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law.

Third Party Websites

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such other websites are not necessarily shared or endorsed by us. Please be aware that we are not responsible for the privacy practices, content or any other matters relating to these sites. We encourage our users to be aware when they leave our Website to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this Website or accessed through this Website yourself before disclosing any personal information to third parties. The Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to any third parties of any of your personal information.

Proprietary Rights

The Company owns and retains all proprietary rights in the Website. The Website contains the copyrighted material, trademarks and/or other proprietary information of the Company and its licensors, partners and/or advertisers, as applicable. All other trademarks, logos, service marks, company or product names of any third parties set forth in this Website are the property of their respective owners. Except for any information which is in the public domain or where express written permission has been granted to you by the Company, you agree not to copy, modify, publish, transmit, re-transmit, distribute, perform, display or sell any such proprietary information.

Communications

We have several different e-mail addresses for different queries.  Contact information can be found on our Contact Us link on our Website or in our literature.


Force Majeure

The Company shall not be liable to you for any failure to use or access this Website which is due to an event beyond the control of the Company including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, communication failures or any other event or circumstance outside of our control which affects your use of this Website.

 

General and Indemnification

Any disputes arising involving your use of this Website will be exclusively governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to its conflict of law provisions. You expressly consent to the exclusive forum, jurisdiction and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario or any other judicial district or jurisdiction as the Company may determine in any and all actions, disputes or controversies relating hereto.  The parties specifically agree that the performance of this Agreement, in all its respects, does not take place outside the jurisdiction of the Province of Ontario, Canada. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and Conditions and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions shall not be construed as any waiver of such provisions and shall not affect the validity of these Terms and Conditions, or the Company’s rights hereunder.  The Company reserves the right to provide notice to you, from time to time, either by mail, e-mail or posting on this Website. These Terms and Conditions, which are hereby accepted by you upon use of the Website, contain the entire agreement between you and the Company regarding the use of this Website. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.

You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, shareholder, directors, officers, agents, partners, licensors and employees, from any loss, liability, claim, cost, expense, suit, action, proceeding or demand (including reasonable legal fees and disbursements), made by any third party due to or arising out of your use of this Website in violation of these Terms and Conditions.  

 

Amendments

THE COMPANY RESERVES THE RIGHT, AT OUR SOLE DISCRETION, TO AMEND, MODIFY OR VARY (COLLECTIVELY, “AMENDMENTS”) THESE TERMS AND CONDITIONS AT ANY TIME AND SUCH AMENDMENTS SHALL BE EFFECTIVE UPON POSTING OF SUCH AMENDED TERMS AND CONDITIONS ON THIS WEBSITE. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS OF THIS WEBSITE PERIODICALLY TO BE AWARE OF SUCH AMENDMENTS AND YOUR CONTINUED USE OF THIS WEBSITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF SUCH AMENDED TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY AMENDMENTS, YOU SHOULD TERMINATE YOUR USE OF THIS WEBSITE AND THE SERVICE.

 

Functional Equivalency

You agree that electronic pages accessed by you on this Website are written documents and that by electronically acknowledging by “clicking” any “buttons” stating “OK” or “I Accept”, “proceed”, “continue”, “approve” or “buttons” with similar intent shall have the same legal effect as if you had placed your signature by hand and provided hardcopy versions of such pages with intent to be legally bound with the Company for their content.   You accept any records or documents stored or produced by the Company through electronic means or device as sufficient evidence for all purposes to establish such documents and the contents as correct, authentic and binding on you.  YOU SHOULD PRINT OUT A HARDCOPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.  

 



Last Updated: February 1, 2013]


© BrainFx Inc. 2013,  All Rights Reserved