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© 2024 Dena Growth Inc. All Rights Reserved.
TERMS OF USE
Effective Date: April 15, 2024
THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. THE FOLLOWING DESCRIBES THE TERMS ON WHICH THE COMPANY OFFERS YOU ACCESS TO OUR SITE, PLATFORM AND OTHER SERVICES.
These Terms of Use (“Terms”) are a legal agreement between you and Dena Growth Inc., together with its affiliates and partners (hereinafter referred to as the “Company“,“we“, “us“, or “our“) relating to the website(s), platforms and services of the Company (collectively, hereinafter referred to as the “Services“). By using any of our Services, you agree to comply with and be legally bound by the Terms, whether or not you become a registered user of any of the Services. By agreeing to the Terms you further agree to our Privacy Policy available at https://www.denastartuplab.com/legal/privacy-policythat is incorporated herein by reference.
Accessing and/or using any of the Services is the equivalent of your signature and indicates your acceptance of the Terms and that you intend to be legally bound by the Terms. If you do not accept and agree to be bound by the Terms you must not access or use the Services.
If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its employees to the Terms. Organizations, companies, and businesses may only become registered members or use our Services as entities or through individual members with the prior written authorization of the Company.
THE SERVICES ARE NOT SUBSTITUTES FOR BUSINESS, TAX,LEGAL, OR OTHER ADVICE, FROM YOUR PROFESSIONAL ADVISORS.
Youagree that it is solely your responsibility to ensure that your access to and use of the Services complies with the laws of your jurisdiction. We make no representation that the Services are appropriate for use outside Canada.
We reserve the right at any time and from time-to-time to modify, edit and update these Terms and any of our policies. You should review these Terms and all policies regularly to make sure that you are aware of any changes. Your access and use of the Services on and after the date on which we post any revised version of the Terms or any policies constitutes your acceptance of the Terms as revised as well as of any revised policies.
You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Services, including all related expenses, if any.
Services
The Services may include access to our websites and/or platform, and may further include access to other functions and information accessible via the Services. The Company reserves the right to amend itsServices, including adding, changing or removing Services, at its sole discretion.
The Services Do Not Replace Expert Professional Advice
The Services may involve the input or other involvement of entrepreneurs and business persons, and information from such entrepreneurs and other persons.
NOTWITHSTANDING THE FOREGOING, THE SERVICES ARE NOT INTENDED TO REPLACE EXPERT PROFESSIONAL ADVNCE FOR YOUR BUSINESS OR OTHER VENTURES OR ACTIVITIES. ALL INFORMATION PROVIDED ON THE SERVICES OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY THE COMPANY, INCLUDING BUT NOT LIMITED TO ANY THAT INVOLVE ANY BUSINESS PERSON OR BUSINESS INFORMATION, IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PROFESSIONAL OR ADVISORY RELATIONSHIP WITH ANY BUSINESS PERSON; THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL BUSINESS ADVICE OF ANY NATURE, INCLUDING BUT NOT LIMITED TO ANY BUSINESS, TAX, LEGAL OR OTHER BUSINESS ADVISORY SERVICES; AND RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES OR ANY PERSON IS SOLELY AT YOUR OWN RISK.
What We Do and What We Don’t Do
We Do Support the Provision of Tools to Foster a Start-Up Community
The Services are designed to be used in connection with a community of start-up companies and entrepreneurial endeavours. The Services provide tools that can be used for sharing of information between members of such community. The Services may be utilized to communicate business information that may be weighed into business decisions and choices that you, if you are an entity, may make, or if you are an individual that you, your employer, or a company or institution with which you are affiliated may make. These decisions and choices are yours, and we believe that you are the best decision maker about your entity. Such decisions and choices should not be based solely upon information obtained via the Services, and should be made in connection with the advice you receive from business professional advisors that you engage.Always use common sense when making business decisions. Neither we, nor the Services (including any business person or information accessed therein) can make decisions for you.
We Don’t Provide a Substitute for Professional Business Advisory Services
We and the Services do not provided expert business advice or professional business advisory services that constitute all of the advice and services necessary to support your entity. The Services may provide you with tools relating to business information or business persons, but the Services are not a substitute for professional business advisory services necessary to support a business. No business advisory services relationship is created by the Services.
We hope these resources will be of value to you.Please use them responsibly.
Your Conduct
When using the Services and in all activities relating thereto, you agree not to do any of the following:
· download, copy, or re-transmit any or all of the Services without, or in violation of, a written license or agreement with us;
· use the Services in any manner that could disable, overburden, damage or impair theServices or interfere with any other party’s use of the Services including their ability to engage in real time activities through the Services;
· use any robot, spider, other automatic device process or means, or similar data gathering, data mining, or extraction methods to access the Services for any purpose including monitoring or copying any of the material on the Services;
· use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
· use any device, software or routine that interferes with the proper working of the web/Internet;
· attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the web/Internet or the server on which the Services are hosted;
· attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
· attempt to interfere with the proper working of the Services, including but not limited to through hacking, ransoming, or other attacks upon the services provided by and function of the Services;
· use the Services to fraudulently misrepresent yourself, impersonate another person, engage in false advertising; to defraud or defame any person, or to engage or other wise participate in any ponzi scheme, pyramid scheme, chain letter, unsolicited bulk or commercial emails, or to collect any personal or personally identifiable information from any user of the Platforms with that person’s knowledge or consent;
The foregoing is merely a list of examples of prohibited conduct. The Company reserves the right to cancel a user account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
Unauthorized use, such as is set out above, is a material breach of these Terms, and may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
Youhereby represent and warrant to us that you will utilize the Services and anyContent, Data or other information provided to you thereby in accordance withapplicable laws, being those laws applicable to the Services and those laws that are applicable in accordance with the jurisdiction where you are located.The foregoing obligation includes, but is not limited to, compliance with privacy and data security laws.
Disputes with Other Users
You are solely responsible for your interactions withother users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
You agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users willbe limited to a claim against the particular user or users who caused you harm.You agree not to attempt to impose liability on, or seek any legal remedy from the Company and you release the Company from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on theServices or your experience in connection with the Services.
Video Consent
The Services may involve capturing images, streaming or recording of images and video relating to or capturing the activities of you or another user. You hereby agree and consent to our use of your name, likeness, biographic information or other content incorporated in or relating to any such images or videos for the purposes of the Services.
Business Persons and Experts
Any opinions, advice, or information expressed by any business person (including any expert, professionals, specialists, researches or other persons) in relation to or via theServices are those of such individual and the individual alone and they do notreflect the opinions of the Company. Wedo not recommend or endorse any specific business persons or experts, or any products,procedures, opinions, or other information that may be mentioned on oraccessible via the Services.
ALL INFORMATION PROVIDED VIA THE SERVICES IS PROVIDED ONAN "AS-IS" BASIS AND WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR PARTICULAR PURPOSE. WE SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION PROVIDED BY BUSINESS PERSONS, EXPERTS,PROFESSIONALS, RESEARCHERS, SPECIALISTS OR OTHER PERSONS ON OR VIA THE SERVICES.The use of the Services by any entity or individual to verify the credentialsof business persons, experts, professionals, researchers, specialists or otherpersons is prohibited.
Children's Privacy
We are committed to protecting the privacy of children. Services are not intended or designed for children. We do not collect personally identifiable information from any person we actually know is a child.
Age
To use the Services, you must be 18 years of age or older.
AS A CONDITION OF YOUR USE OF THE SERVICES, YOU WARRANT THAT: (1) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (2) YOU POSSESS THE LEGAL AUTHORITY TO CREATE A BINDING LEGAL OBLIGATION; (3) YOU WILL USE THE SERVICES IN ACCORDANCE WITH THE TERMS; (4) ALL SUBMISSIONS AND OTHER INFORMATION SUPPLIED BY YOU ON THE SERVICES IS AND WILL BE TRUE, ACCURATE, CURRENT AND COMPLETE; AND (5) YOU ARE NOT ACCESSING OR USING THE SERVICES ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY.
We retain the right, at our sole discretion, to deny access to anyone to the Services at any time and for any reason, including, but not limited to, for violation of the Terms. You will cease and desist from any such access or use immediately upon our request.
Consent to Advertisement; No Endorsements
Byusing the Services, you consent to us posting advertisement materials on portions of the Services. Unless expressly stated, we do not recommend or endorse any particular brand of products, services, procedures, or other information that appears or is advertised from time to time on the Services.
Your Account and Your Use of Services
An account may be required to access and utilize certain portions of the Services. If you have an account for anyServices you are responsible for your account: keep your password and other login information private.
Accurate and complete registration and account information (your “Profile”) is required to use some of the Services. You are responsible for the security of your passwords and for any use of your account.Please immediately notify us of any unauthorized use of your password or account. Allowing any other person or entity to use your identity for posting on or using the Services is not permitted. Do not include your real name or any other information that could be used to identify you in anything you post that is publicly visible on the Services (such as in questions or other submissions that may be publicly displayed or accessed by the public).
Full access to the Services is enabled only by usernames and passwords. You are fully and solely responsible for any and all use of the Services using your username and password. We reserve the right to revoke or deactivate your account, username and/or password at any time.
Governing Laws
The Company is subject to the laws of the Province of Ontario and other applicable Canadian federal and provincial laws, including privacy laws.
Your use of the Services must comply with all applicable federal, provincial and territorial laws, regulations, and ordinances, as well as the laws of the jurisdiction where you reside and those laws applicable to your use of the Services.
For more details about when and how we can communicate with you, please consult our Privacy Policy https://www.denastartuplab.com/legal/privacy-policy.
Uses of the Services
The Services are provided for entities and their employees to use in relation to certain start-up and entrepreneur community activities. All use of the Services by all users must be in accordance with all applicable federal, provincial and local laws. Organizations, companies, businesses and other entities must be registered members and must use our Services as entities.
No commercial use or commercial redistribution of any content of the Services (the “Content”) is permitted, unless expressly pre-approved and permitted by the Company in writing.
Services Do Not Make Recommendations or Endorsements
We do not recommend or endorse any specific Content,Services, products, procedures, opinions, or other information that may be mentioned on or via the Services. Services are designed to be used with common sense, and in connection with the advice of your professional business advisors and their services. Reliance on Services is solely at your own risk.
We Do Not Guarantee the Accuracy of Third Party Content
We do not enforce editorial control over or responsibility for Content provided by any person, including any third parties or users, and any opinions, statements, products, services or other information expressed or made available by third parties (including users, or businesspersons, experts, professionals, researches, specialists or other persons) on theServices are those of such third parties. We make no representations about the accuracy or reliability of any opinion, statement or other information provided by any third party or user, and do not represent or warrant that your use of theContent displayed or referenced on the Services will not infringe rights ofthird parties not owned by or affiliated with the Company.
We Are Not Responsible for Any External Content
Third party input into Content or the Services, or that is linked to via the Services in apps, websites or any other environment or format (collectively "External Content"), are outside of our control. We do not control, endorse, verify the truth or accuracy of, or review any External Content, and we are not responsible for such External Content, whether or not any link or reference there to is incorporated in the Services. The External Content contained in any third party apps, websites, information, or software to which a link is provided in the Services are those of the companies or individuals responsible for such External Content and cannot be attributed to the Company. We do not warrant, nor are we in any way responsible for, information, software, data, or privacy policies, or any terms of use related or pertaining to External Content. By using the Services, you expressly release theCompany from any and all liability arising from your use of any ExternalContent. Accordingly, when you leave the Services or submit information to any ExternalContent accessible from the Services, the terms and conditions, privacy policyand other policies relating to such External Content will apply to you.
Dealings with Third Parties
You acknowledge and agree that any dealings with third parties, including any merchants or advertisers, found on, or through, any Services, are solely between you and the third parties. You agree we shall not be held responsible in any way whatsoever for any loss or damage of any kind incurred through your interaction with any third parties.
We may engage third party service providers to assist with the provision of the Services. For example, third party service providers may store information or to provide Content via their platforms, and if we obtain your credit card information or require fee payments, we may employ third party payment processors to receive such information and process payments therewith. We shall not be responsible for the activities of any such third party service providers and such third party service providers may require you to agree and comply with their terms, conditions and policies. You bear all responsibility and liability relating to such term, conditions and policies and your compliance therewith. You agree we shall not be held responsible in any way whatsoever for any loss or damage of any kind incurred through your interactions with any third party service providers.
You Agree That We May Send You Electronic Messages
If you set-up notices or indicate that we can send you information in your Profile or in the Services, you agree that we may send you automatically via e-mail, mobile telephone or other contact information provided by you in your account, electronic messages. The content in those messages may contain your personal information if you are an individual, or if you are a company or an organization the personal information of your employees or other persons affiliated with your company or organization, and may not be secure. You also understand and agree that by receiving electronic messages you may be charged by your wireless or internet provider and that such electronic messages may be generated by a third party service provider. You hereby agree to bear all risks, liabilities and costs for the sending and receiving of any information by you via electronic messaging.
Risk of Transferring Information via the Internet
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or from the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Services.
Mandatory Removal of Content and Services
If you violate the Terms, your authorization to use the Services may automatically terminate, at the Company’s discretion. Upon termination you must immediately destroy any copies you have made of any portion of the Content.
Intellectual Property Rights
We own or license all rights to the Services. We hereby grant you a non-exclusive, revocable, and non-assignable license right to access and use the Services in accordance with the Terms for the time period during which such Services are made available to you by the Company, solely for your personal use if you are an individual, or for the internal use of your company or organization if you are a company or organization. You may not use any of the Services for any commercial purpose, excepting for internal purposes of your company or organization if you are a company or an organization. We reserve the right to terminate or suspend your right to use the Services at any time and at our sole discretion. You cannot transfer this license, or sublicense this license, to someone else. You and other users and account holders can use the Services as permitted by the Company.
All right, title and interest in and to the Services together with all intellectual property rights therein and relating there to, are the property of the Company or our affiliates or licensors, subject to applicable laws. We have rights in allContent, as owner or licensee, including copyright, trade secrets, industrial designs and other intellectual property rights. You agree not to infringe our intellectual property rights or to assist or induce any other person or entity to infringe our intellectual property rights.
You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Content or the Services, or any portion thereof, without our prior written consent. You may, however, use the Services as they are designed and intended to be used.
You Must Ask Our Permission to Use Trademarks
The brands, marks, service marks, logos, product and service names, and other trademarks in the Services (the "Trademarks")are owned or licensed to the Company. If you would like to use or display any Trademark, you must ask for our permission. You agree not to display or use in any manner the Trademarks without our prior written permission. Any use you are permitted by our prior written authorization to make use of any Trademarks must be in accordance with any media use guidelines we publish as well as any other guidelines we provide to you, and all benefit therefrom shall accrue to us or our licensors. All Trademarks on the Services are the property of their respective owners, and nothing in the Terms grants you any rights whatsoever in such Trademarks.
You Agree Not to Access, Attempt to Access, or Use Our Data Without Our Permission.
You agree not to access, attempt to access, request access or use of any Content, Services or any of our data relating to any of the foregoing (collectively the “Data”), without our prior written authorization. This means that you agree not to download, upload, post, license, disclose, modify, translate, decompile, copy, distribute, reverse engineer, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Data, in whole or in part, in any form or by any means, unless expressly permitted herein or you have our prior written authorization to do so. Moreover, you shall not, nor shall you permit any third party or person to, disable, circumvent, or otherwise avoid any security device, digital rights management, mechanism, protocol, or procedure implemented by the Company for use of the Data or the Services.
Contact Us if You Believe Materials on the Services Infringe Your Copyright
If you believe any materials accessible on or from theServices infringe your valid and enforceable copyright, you may request removalof (or access to) those materials (or access thereto) from us by contacting usand providing us with information. We will review the information that youprovide and may undertake the removal of such materials if it is within our abilityto do so, at our sole discretion in accordance with applicable laws.
DMCA Notice
Werespect content owner rights, and it is our policy to respond to allegedinfringement notices that comply with the Digital Millennium Copyright Act of1998 (“DMCA”), as required in accordance with applicable law. If you believethat your copyrighted work has been copied in a way that constitutes copyrightinfringement and is accessible via the Services, please notify us as set forthin the DMCA. For your complaint to be valid under the DMCA, you must provideall of the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on our Service;
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
The above information must be submitted to us using the following contact information:
Address: Dena Growth Inc.
771 Reece Court, Milton, Ontario, Canada
Attention: Privacy Officer
Email: privacy@denastartuplab.com
UNDERU.S. FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that the preceding requirements do not constitute legal advice. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to our Service and/or terminate our Service accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Monitoring
You acknowledge and agree that the Company has no obligation to monitor the Services or any Content, Submissions, Data or other information accessible through the Services, but it does have the right to monitor any Services and any Content, Submissions, Data or other information accessible through the Services.We may undertake such monitoring pursuant to law, regulation or other reasonable governmental requests, as well as pursuant to our own interests, at our sole discretion.
Feedback
Should you provide any feedback or commentary to us relating to the Services, our business or otherwise (collectively the “Feedback”) you hereby assign all rights, title and interest in and to such Feedback to us, including but not limited to all intellectual property rights therein and relating thereto, and you further hereby waive all moral rights therein in our favour. We reserve the right to utilize such Feedback in any manner, or to decline to utilize theFeedback in any manner, at our sole discretion. For clarity, you will not have any rights, title or interest in any use made of the Feedback, including but not limited to, any products or services developed from the Feedback.
Fees& Payments
We may, in oursole discretion, offer some or all of our Services to you for free or chargeyou subscription fees or pay-for-service fees in accordance with our then-current fees included in the Services and/or any schedule, as may be provided from time to time (the "FeeSchedule"). You or a responsible third party identified to us byyou are responsible for paying any such applicable fees in accordance with theFee Schedule (the "Fees"). Unless otherwise expressly indicated in theFee Schedule, all Fees are quoted in Canadian dollars or any other currency identified in the Fee Schedule, and may be quoted so as to be exclusive of applicable sales and value added taxes. All Fees are non-refundable and payable upon invoicing or demand from us. You or such responsible third party are responsible to pay all sales and value added taxes that may be imposed in each applicable jurisdiction and will hold and save us harmless in respect of any such taxes.
We may charge additional fees for optionalServices or functionalities of the Services. All fees are subject to change at our discretion.
We are not responsible for collecting any taxes on behalf of you or any other person. We reserve the right to charge interest on late payments of any fees owing to us and/or any user, and to use any legal means to collect late and outstanding payments, including collections agencies or court proceedings.
Fees may be collected by a third party service provider engaged by us. You are responsible for providing all information required for payment of such fees, and for compliance with such third party service provider’s terms of use and other policies and requirements. We bear no obligation or liability relating to such third party service provider or any actions or omissions of such third party service provider.
Submissions
You agree that you will not upload or transmit any communications or content, or provide us with any information, of any type that infringes or violates any rights of any party. The personal information you submit to us, or that you allow us to obtain from any third party, is governed by the PrivacyPolicy https://www.denastartuplab.com/legal/privacy-policy, the terms of which shall govern in the event of any inconsistency with the Terms and if you provide us with any personal information of any third party you hereby represent and warrant that you have all requisite consents to provide us with such information for use in accordance with this Terms and our Privacy Policy.
All Submissions you provide shall be in accordance with instructions in the Services and any other submissions guidelines we may provide.
You give us rights in what you submit.
With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Policy and with applicable Canadian and provincial privacy laws, rules and regulations),if you make any other submissions on, to or through the Services, including but not limited to data, questions, comments, posts, suggestions, ideas, concepts, techniques or inventions (collectively with personal information submitted being the “Submissions”), you make such Submissions without any restrictions or expectation of compensation or of confidentiality (excepting as required by law for personal information), and you agree that your Submissions may be used without restriction for any purpose whatsoever, within the Services or externally from the Services, and you automatically grant, or have obtained rights from the owner of such Submissions and the intellectual property relating thereto to automatically and expressly grant, the Company a royalty-free, perpetual, irrevocable, worldwide, nonexclusive license right, with a right of sublicense, to freely use the whole or any portion of suchSubmissions in any way, commercial or otherwise, and for any purpose whatsoever, including the right to copy, reproduce, modify, adapt, publish, transmit, translate, create derivative works from, publicly perform or display(in any media or form now known or hereafter developed), create improvements and derivative works from, develop inventions from and manufacture, sell, lease or otherwise use such inventions, marketing any product or service relating toor developed from the Submissions, communicate to the public, or otherwise use the Submissions. You further waive any and all of your moral rights in theSubmissions in favour of the Company, and have caused any other owner of such Submissions and the intellectual property relating thereto to waive their moral rights in the Submissions in favour of the Company. All Submissions will be treated as non-confidential and nonproprietary at our sole discretion.
Do not provide any Submissions to us or via theServices if you don't want to give us rights to the Submissions.
Termination
Your permission to use the Services ends immediately if you violate any of clause or section of the Terms. We may place limits on, modify, or terminate your right to access and use Services and/or Content at any time. This suspension or termination may involve the deletion of information, files, and other previously available Content, Data and/orSubmissions. We reserve the right to terminate your rights to the Services without any notification to you, in our sole discretion. In the event your account is suspended or terminated, you will be contacted via email.
The restrictions imposed on you with respect to the Services, the disclaimers, and limitations of liabilities set out in this Agreement and other sections that by their nature survive, shall survive termination of this Agreement. We shall not be liable to you or to any third party for such termination.
Youmay terminate the Terms: (i) in accordance with any subscription agreement orother agreement in place relating to the provision of the Services to you;(iii) in accordance with any written authorization from us for termination that we provide after you provide us with a written request for termination; or(iii) if you are only accessing our website and do not have any account at anytime, with immediate effect by ceasing use of the Services and uninstalling and removing all local software components thereof, if any, from your systems ,including removing the Services from your mobile device, if applicable.
No Warranties
THE SERVICES ARE PROVIDED "AS IS”. NEITHER WE,NOR ANY OF OUR LICENSORS, MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE, NOR ANY OF OUR LICENSORS, MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS. NEITHER WE, NOR ANY OF OUR LICENSORS, MAKE ANY REPRESENTATION CONCERNING THE SERVICES OR CONTENT WHEN USED IN ANY COUNTRY.NEITHER WE, NOR ANY OF OUR LICENSORS, MAY BE HELD LIABLE UNDER THE TERMS FORANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY.
SPECIFICALLY, AND WITHOUT LIMITING THE FOREGOING, WE,OUR LICENSORS, AND OUR SUPPLIERS, MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT:(I) THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE CONTENT PROVIDED ON OR THROUGH THE USE OF THE SERVICES, WHETHER BY US OR ANY OTHER PARTY; (II) THE SATISFACTION OF ANY GOVERNMENT REGULATIONS; OR (III) THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS OF THE SERVICES. ANY LOCATION DATA ACCESSED VIA THE SERVICES MAY BE INACCURATE OR INCOMPLETE AND ANY USE OF SUCH DATA, AND OF THE SERVICES, CONTENT AND DATA, IS AT YOUR OWN RISK.
SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THE TERMS, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THE TERMS WITH SUCH PROHIBITIONS.
Limitation of Liability
We cannot and do not assume any responsibility or liability for the use or misuse, by you or any third party, of any Content,Submissions, Data, or other information submitted, transmitted, or received via the Services.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY INANY MATTER ARISING FROM OR RELATING TO OUR SERVICES OR THESE TERMS EXCEED THESUM OF ONE HUNDRED CANADIAN DOLLARS ($100).
Content, Data or Submissions on the Services, including any that is created, modified, submitted or validated by a businessperson, expert, professional, researcher, specialist or their person, including but not limited as relates to any business information (the foregoing collectively,"Expert Content") are subject to the following additional terms and conditions. (When we use the termContent, Data or Submission elsewhere in this Terms, those terms include ExpertContent.) The creator and any reviewer of such Content are solely responsible for the Expert Content. While we hope that you will find the Expert Content informative, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TOANY INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE EXPERT CONTENT,INCLUDING REGARDING BUSINESS INFORMATION, OR OTHERWISE.
UNDER NO CIRCUMSTANCES, AS A RESULT OF YOUR USE OF THE EXPERT CONTENT OR THE SERVICES, WILL WE, OR OUR AFFILIATES OR LICENSORS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES OR HARM OR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT,STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR AFFILIATES AND LICENSORS, SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE SERVICES OR FOR: (A) ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY OMISSIONS, OR NEGLIGENCE, IN PROCURING, COMPILING, OR DELIVERING INFORMATION WITHIN OR THROUGH EXPERT CONTENT; (B) ANY ERRORS, OMISSIONS, OR INACCURACIES INSUCH EXPERT CONTENT INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF SUCH INFORMATION; OR (C) ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON SUCH INFORMATION.
This means: (i) you should not rely on the ExpertContent or make business or other important decisions based on it, except at your own risks; and (ii) that we, our affiliates and our licensors are not responsible for what you do or don't do with the Expert Content or any otherSubmissions, Data or Content.
Neither we, nor our affiliates, employees, directors, or officers, or our licensors, are or will be liable for any personal injury, including death, attributable to or caused by your use or misuse of theServices, Expert Content, Submissions, Data, Content or other content posted or made available through or in relation to the Services.
Any limitations of your liability in the Terms do not apply to breaches of confidentiality, data security or intellectual property by you, or breaches of any of your obligations in the Terms, or any of your indemnification obligations in the Terms.
Indemnity
You agree to indemnify and hold us, our affiliates, employees, directors, and officers, and our licensors, harmless from any claim or demand, including attorneys' fees, including any made by any third party, as a result of any of the following: (1) any Expert Content, Content, Submissions, Data or other content posted or made available through the Services that is provided by you; (2) any results, harm or damages arising from your use of the Services,Expert Content, Content, Submissions, Data or other content posted or made available through the Services; (3) any violation of any law that occurs due toy our use of the Services, Expert Content, Content, Submissions, Data or other content posted or made available through the Services; (4) anything you dousing the Services, Expert Content, Content, Submissions, Data or other content posted or made available through the Services, or any information in any of the following; (5) any breach by you relating to confidentiality, data security, or intellectual property; and (6) your willful misconduct or negligence.
Remedies
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT,MATERIALS, OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SERVICES. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
Any claims under the Terms, including any and all arising in connection with your use of the Services, must be brought within one(1) year of the first date of the event giving rise to such claim. Remedies under the Terms are exclusive and are limited to those expressly provided for in the Terms.
Compliance with Investigations
We will cooperate with any investigation by any federal, provincial, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may occur without any notice being provided to you.
General Legal Terms
If you have an account, additional terms may be imposed when you create and utilize the account, could be provided in writing to you by us, or may be imposed within any order form or other agreement you enter with us for the Services (the foregoing collectively the “Additional Terms”). All AdditionalTerms are hereby incorporated by reference into the Terms.
The Terms is the entire agreement between you and us relating to the Services. The Terms replace any prior agreements. If there is any conflict between the Terms and a mutually signed written agreement between you and us related to the Services, the signed written agreement will control.
We reserve the right to modify or discontinue our Services with or without notice to you, and you agree that we are not liable to you or any third party should we modify or discontinue any services, and that your only recourse is to cease using the Services. Continued use of the Services following any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as modified.
Other parties may have rights under the Terms. A"third party beneficiary" is another party (for example, a company)who is not directly mentioned in an agreement, but who may have some rights arising out of an agreement. For example, our licensors may be third party beneficiaries to the Terms pursuant to our agreements with them. To the extent our licensors are third party beneficiaries to the Terms, the rights and protections provided to us under this Terms inure to their benefit.
If we provide you with a translation of the English language version of the Terms, the English language version of the Terms will control if there is any conflict.
If we choose not to enforce any provision of the Terms, we retain the right to enforce it in the future. This means that the failure to enforce any provision of the Terms does not constitute a waiver of that provision.If any provision in the Terms is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
TheTerms are not assignable, transferable, or to be sub-licensed by you except with-our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without your consent.
Contact Us
Questions or comments regarding the Services should be directed to the Services Administrator at: privacy@denastartuplab.com
© Dena Growth Inc., 2024