“Personal Information” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, eco-nomic, cultural or social identity of that natural person. For greater certainty, Personal Information does not include information that is anonymized or aggregated.
“User” means any visitor to one of the Profoundry Websites.
“User Data” means all electronic data or information uploaded or transmitted by Users in the process of using the Website.
“Website” means the website owned by any of the entities under the Profoundry group of companies.
Suggestions. Profoundry shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Website any suggestions, enhancement requests, recommendations or other feedback provided by Users relating to the operation of the Website.
Copyright. The Website and the Content are protected by copyright and other intellectual property laws and is owned by Profoundry and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Website or its Content, including modification, transmission, publication, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Profoundry.
Trademarks. Names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute registered or unregistered trademarks of Profoundry or third parties which may be protected by applicable trademark and other intellectual property laws. While certain trademarks of third parties may be used under license, the display of third-party trademarks on the Website should not be taken to imply any relationship or license or to imply endorsement of the products, services, procedures, business, or other information of the owner of the said trade-mark.
Disclaimer of Warranties
Mutual Warranties. Each Party represents and warrants to the other Party that (i) it has the authority to enter into this Agreement and perform its obligations hereunder; (ii) the Agreement does not conflict with any other agreement entered into by it; and (iii) it does not conduct business for any unlawful purpose.
User Warranties. You represent and warrant that for any User Data controlled by You, or any other User Data provided or transmitted by You to Profoundry, whether advertent or otherwise, You have obtained the necessary consent or legal right to provide or transmit such data.
Disclaimer. THE WEBSITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION, WARRANTY, CONDITION OR COVENANT OF ANY KIND, EXPRESSED OR IMPLIED. WHILE PROFOUNDRY TRIES TO PROVIDE INFORMATION THAT IS CORRECT, ACCURATE, COMPLETE, CURRENT, RELIABLE, AND TIMELY, PROFOUNDRY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR COVENANTS, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND THE CONTENT INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION, WARRANTY, CONDITION, OR COVENANT THAT (I) THE WEBSITE OR CONTENT WILL ALWAYS BE CORRECT, ACCURATE, COMPLETE, CURRENT, RELIABLE, OR TIMELY, (II) THAT THE OPERATION OF THE WEBSITE WILL ALWAYS BE UNINTERRUPTED OR ERROR-FREE, (III) THAT DEFECTS OR ERRORS IN THE WEBSITE OR THE CONTENT, BE IT HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED, (IV) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, AND (V) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE AND/OR NOT INTERCEPTED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROFOUNDRY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND COVENANTS, EXPRESS OR IMPLIED, OR ARISING BY COURSE OF ACTION. SINCE THIS WEBSITE IS FOR INFORMATION PURPOSES ONLY, IT SHOULD NOT BE CONSIDERED LEGAL ADVICE. YOU SHOULD SEEK APPROPRIATE, QUALIFIED ADVICE BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION OBTAINED FROM THE WEBSITE.
Limitation of liability
WHILE PROFOUNDRY ENDEAVOURS TO PROVIDE ACCURATE AND CURRENT INFORMATION ON ITS WEBSITE, IN NO EVENT SHALL PROFOUNDRY, ITS OFFICERS, BOARD MEMBERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNEES BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCURRED IN CONNECTION WITH YOUR USE, MISUSE OR RELIANCE UPON THE WEBSITE OR CONTENT, OR YOUR INABILITY TO USE THE WEBSITE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF PROFOUNDRY KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK AND LIABILITY.
The Website may contain links to third-party websites that are unrelated to the Profoundry group of companies. These links are provided solely as a convenience to you and not as an endorsement of any third-party website or the content thereof. Profoundry does not operate any third-party website and is not responsible for the content of any third-party website, nor does it make any representation, warranty, condition, or covenant of any kind regarding any third-party website including, without limitation, any representation, warranty, condition, or covenant regarding (i) the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (ii) the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites, or (iii) that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party Websites will be corrected, or that such third-party websites will be free from viruses or other harmful components. While Profoundry encourages links to the Website, it does not wish to be linked to or from any third-party website which contains, posts or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Profoundry, or (ii) any Website which contains, posts or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trade-mark or other proprietary rights. Profoundry reserves the right to prohibit or refuse to accept any link to the website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of Profoundry.
Modification to the website
Profoundry reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without written notice. You agree that Profoundry shall not be liable to you or any third party for any modifications, suspension or discontinuance of the Website or any part thereof.
You acknowledge that the Website and any part thereof may be periodically unavailable to allow for maintenance.
You shall not (i) modify, copy or create derivative works based on the Website; (ii) frame or mirror any content forming part of the Website; (iii) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Website, in whole or in part; (iv) reverse engineer or disassemble the Website; or (v) access the Website in order to copy any ideas, features, functions or graphics of the Website.
Unauthorized attempts to defeat or circumvent security features, to use the Profoundry system for other than intended purposes, to deny service to authorized users, to access, obtain, alter, damage, or destroy information, or otherwise to interfere with the system or its operation are not permitted. Evidence of such acts may also be disclosed to law enforcement authorities and result in criminal prosecution under the laws of Canada or such other jurisdictions as may apply.
Any consent by Profoundry to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach.
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.
Profoundry may, in its sole discretion, terminate or suspend your right to use the Website, or any part of the Website, at any time without notice. In the event of such termination, or suspension, you are no longer authorized to access, view or use the Website, or the part of the Website affected by such termination or suspension. The restrictions imposed on you with respect to material downloaded from the Website, the disclaimers and the limitation of liability set forth in this Agreement, shall survive termination or suspension of this Agreement for any cause. Profoundry shall not be liable to you or any other party for such termination or suspension.
Governing law and jurisdiction
The Website is operated by Profoundry from its offices within the province of Ontario, Canada. You agree that all matters relating to your access or use of the Website and its Content shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the province of Ontario with respect to all matters relating to your access and use of the Website and the Content as well as any dispute that may arise therefrom.
Questions or comments regarding the Website, arising from the media or of a general information nature may be directed by e-mail to email@example.com.