WEBSITE TERMS OF USE
1. The Site:
1.1 Deximius reserves the right to change the content, presentation, performance,
user facilities and availability of any part of the Site at its sole discretion
and without notice. It is the user's responsibility to refer to and update itself
in relation to any changes made. Any such changes will become effective upon posting
by Deximius.
1.2 Deximius does not warrant any continuity of connection, transmission over
security or results from the use of any network connection or facilities provided
or omitted to be provided in connection with the use of the Site.
1.3 Where Deximius provides hyperlinks to other websites, Deximius
shall not take any responsibility for nor does it make any warranties, representations
or undertakings about the content of any other web-site which may be referred to
or accessed by the hyperlink and Deximius does not endorse or approve the content
of such web-sites.
1.4 Deximius makes no warranty as to the continuous availability of the Site,
but shall use reasonable endeavours to keep down time to a minimum.
2. Your Information:
2.1 "Your Information" is defined as any information you provide to Deximius,
through feedback or any e-mail or form features.
2.2 Your Information and conduct (or any items listed therein) shall not:
- be false, inaccurate or misleading
- be defamatory, obscene, blasphemous, unlawfully threatening or unlawfully harassing
- contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer
programming routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal information
- create liability for us or cause us to lose (in whole or in part) the services of
our ISPs or other suppliers
- impersonate any person or entity, or falsely state or otherwise misrepresent your
affiliation with anyone or anything
2.3 To enable Deximius to use the information supplied, such that we are not
violating any rights you might have in that information, you agree to grant Deximius
permission to use the copyright, publicity and
other intellectual property rights you have in Your Information, in any media now
known or not currently known. Deximius will only use Your Information in accordance
with the Privacy Policy to the Site.
3. Access and Interference:
3.1 You agree that you will not use any robot, spider, other automatic device, or
manual process to monitor or copy our web pages or the content contained herein
without the prior written consent of Deximius.
3.2 You agree that you will not use any device, software or routine to interfere
or attempt to interfere with the proper working of the Site.
3.3 You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the Site's infrastructure.
3.4 Much of the information on the Site is updated on a real time basis and is proprietary
or is licensed to Deximius by our affiliates/partners. You agree that you
will not copy, reproduce, alter, modify, create derivative works, or publicly display
any content (except for Your Information) from the Site without the prior written
consent of Deximius or the appropriate individual(s) involved, with the exception of downloading
or printing a single copy for yourself for offline viewing.
4. Breach:
4.1 Without limiting other remedies, Deximius may immediately issue a warning
and refuse to provide our Services to you if:
- you breach this Terms of Use or the documents it incorporates by reference (including
but not limited to our Privacy Policy);
- Deximius are unable to verify or authenticate any information you provide to
us; and
- Deximius believe that your actions may cause legal liability for you, our affiliates/partners
or us
5. No Warranty:
5.1 The Site including, without limitation, its contents, functionality, performance
and features are provided on an "as available basis" at the user's sole risk and
without representations or warranties of any kind and to the full extent permitted
by law. Deximius and other parties involved in creating, producing or delivering
the Site expressly exclude all warranties, conditions or terms express or implied,
statutory or otherwise including without limitation any warranty as to satisfactory
quality or any warranty or commitment that access or use will be uninterrupted or
error free.
6. Liability Limit:
6.1 Nothing in these terms is intended to limit or exclude any liability on the
part of Deximius where and to the extent that applicable law prohibits such
exclusion or limitation.
6.2 Subject to the above statement, in no event shall Deximius or its affiliates
be liable for any: lost profits; lost sales; lost business; lost opportunity; lost
information; lost anticipated savings; or special, indirect or consequential damages
(however arising, including as a result of negligence) arising out of or in connection
with these terms.
6.3 Accordingly subject to clause 6.1, you agree not to bring a claim of any nature
against Deximius in relation to the use of or access to the Site, except where
such a claim cannot be excluded by law. You acknowledge and agree that Deximius
will have the right (subject to the discretion of the Court) to a stay of proceeding
if you bring any claim against Deximius in breach of the foregoing.
7. Legal Compliance:
7.1 You shall comply with all applicable laws, statutes, ordinances and regulations
regarding your use of our service.
8. Intellectual Property:
8.1 You acknowledge that the ownership in any intellectual property rights (including,
for the avoidance of doubt, patents, copyright, rights in databases, trade marks
and trade names) in the Site belongs to Deximius.
Accordingly, any part of this Site (or its source HTML code) may not be used, transferred,
copied or reproduced in whole or in part in any manner other than for the purposes
of utilizing this Site, meaning that you may only display it on its computer screen
and print it out on its printer for the sole purpose of viewing its content in connection
with the Services.
8.2 No person may:
- 8.2.1 distribute, modify, transmit, re-use, re-post, or use any or all of the information
on this Site for any purpose other than as set out above nor for public or commercial
purposes without Deximius's prior written permission;
- 8.2.2 provide hypertext links, URL Links, graphic links, hyperlinks or other direct
connection for profit or gain to the Deximius Services without Deximius's
prior written permission;
- 8.2.3 display, publish, copy, print, post or otherwise use the Deximius Services
and the information contained therein for the benefit of any other website without
Deximius's prior written permission;
- 8.2.4 process or otherwise use the information contained on or within the Deximius
Services for any illegal or immoral purpose nor use or process the same unfairly.
8.3 Deximius, Deximius.ca, Deximius.com and the Deximius
logo are trade names or trade marks of Deximius, the use of which is expressly
forbidden by any other persons without the express permission of Deximius.
8.4 Deximius makes no warranty or representation in respect of any other trade
mark or trading name, symbol or device, all of which are hereby acknowledged. If
you have any questions in relation to the use of any marks contained within the
site, please contact Deximius at the address below.
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Deximius |
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Attn: Privacy Officer |
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9 Hollidge Blvd. |
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Aurora, ON L4G 7H2 |
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Tel: 416 . 605 . 6338 |
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E-mail: Privacy@Deximius.ca |