Effective Date: February 2, 2017
These terms and conditions of use (“Terms of Use”) comprise a legal agreement between KASI Insight Inc. (the “Company”) and you, the person accessing and using this website (“you”). These Terms of Use set forth the legally binding terms and conditions for the use of the Company’s website at http://www.kasiinsight.com (“Website”) that is owned, operated and maintained, directly or indirectly, by the Company, and all other sites owned and operated by the Company that redirect to the Website, all subdomains provided through such other site or the Website, and all downloadable applications, features, functionality, content or information that is made available or provided on this Website.
BY USING THE WEBSITE, YOU ARE DEEMED TO HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOU AGREE TO BE BOUND BY, THE TERMS AND CONDITIONS OF THESE TERMS OF USE, WHICH SHALL GOVERN YOUR ACCESS AND USE OF THE WEBSITE. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE AND MUST EXIT THE WEBSITE.
In consideration of the mutual promises and agreements contained in these Terms of Use and other good and valuable considerations (the receipt and sufficiency of which are hereby acknowledged), you and the Company agree as follows:
The website is made available to you for the purpose of providing you with information. From time to time, the Website may provide certain services (each a “Service”), which may be subject to the acceptance of the terms and conditions of use specific to that Service (“Service Terms”) and all other operating rules, policies, and procedures that may be published on the Website by the Company from time to time and which will be made known to you prior to your use of any such Services. In the event of any inconsistency between these Terms of Use and any applicable Service Terms, these Terms of Use shall prevail, but only to the extent of such inconsistency. The company reserves the right to change the website or change, eliminate, or interrupt any of the services upon thirty (30) days’ notice and for any reason whatsoever.
The website and services are offered subject to acceptance of all of the terms and conditions contained in these Terms of Use. The company reserves the right to modify or replace the Terms of Use, including sections 3 to 24. Should the company wish to modify or replace these Terms of Use, it will provide you with notice of such changes by posting an icon on the website indicating the same for sixty (60) days prior to the coming into force of the changes. If you use the website after receiving notice of any such modification or replacement, you are deemed to have read and are indicating your acceptance of, and you agree to be bound by, the modified or replaced terms of use, which modified or replaced terms of use shall be the Terms of Use.
The website and services are not intended to be used by, and are not marketed or directed towards, children or any person under the age of eighteen (18). To use and access the website and services, you must be at least eighteen (18) years of age.
4. License
The Company hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable, and revocable right and license to (a) access the Website for the purpose of receiving the Services in accordance with these Terms of Use and (b) access, view, and print any information and documentation made available on the Website for your personal, non-commercial, and informational use only to assist you in the access and use of the Website and the Services. Except for the limited licenses and rights expressly granted to you in the Terms of Use, these Terms of Use do not grant you any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of the Company or any third party. The company may terminate this license at any time for any reason whatsoever.
5. Content
The website may include images, text, works, audio files, sounds, and other content and data that are owned by third parties (“Third Party Content”). You agree that all of the terms and conditions of these Terms of Use relating to the Website apply to your access to and use of any Third Party Content, and you further agree to comply with any terms and conditions that are specific to the Third Party Content, including the terms and conditions specified under these Terms of Use. The company is not responsible for and assumes no liability for any third-party content.
All content and data made available by the company through the website, including any third-party content (the “company content"), is owned solely and exclusively by the company and/or third parties. You may not: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the Company Content; (b) market, sell, re-sell, or make commercial use of the Website or any Company Content; (c) systematically collect from the Website and use any Company Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of the Website or the Company Content.
If you make any information, data, or content available to the Company on or through the Website, including by contacting us or providing comments or ideas about our services or the Website (“User Content”), you are deemed to grant the Company a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy, reproduce, modify, adapt, edit, translate, publish, perform, and display any such User Content that you make available on, through, or in connection with the Website without any payment or restriction. You are solely responsible and liable for any user content you make available on or through the website or that is made available using your website account. If you make user content available, you represent that you have the right to do so.
6. Use Restrictions
You agree that when using the website, you will not: (a) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (b) post or transmit data or content which violates or infringes any third party rights, is false, misleading or inaccurate or is injurious to a third party or defames, libels or disparages any third party; (c) except as expressly permitted by these Terms of Use, provide, disclose, sublicense, distribute, transfer, assign or otherwise permit any third party to access, use, read or otherwise gain access to the Website; (d) use the Website to provide the benefit of the use of your account, if any, to or for any other person; (e) to the maximum extent permitted by applicable law, interfere with or circumvent any copyright or other technical protection mechanism or reverse engineer, decompile, disassemble, or otherwise in any manner deconstruct all or any part of the Website or any software or technology or content forming part thereof; (f) post or transmit data which constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; (g) post or transmit data or content which would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law; (h) use the Website or Services to harvest addresses, send spam or otherwise breach these Terms of Use or the Privacy Policy; (i) use any spider, robot or other automated or electronic agent to monitor or copy web pages or any content from the Website or for any other purpose in connection with your access to and use of the Website; (j) take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Website or to shut down, overload or overwhelm the Website; or (k) copy, republish or redistribute any part of the Website, including by caching, framing or similar means, without the prior written consent of the Company.
7.Personal Information
The Company may, in its discretion, without any obligation to do so and subject to the limitations of these Terms of Use (or as may be posted on the Website from time to time), provide you with troubleshooting support concerning your use of the Website and any Services.
10. Website and Services Provided “AS IS”
YOU UNDERSTAND AND AGREE THAT THE WEBSITE, THE SERVICES, ANY COMPANY CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE WEBSITE OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY SERVICES OR COMPANY CONTENT, AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY COMPANY CONTENT (OR OTHERWISE ON THE SERVICES) BY YOU OR ANY OTHER PERSON IS YOUR SOLE RESPONSIBILITY AND LIABILITY. COMPANY SPECIFICALLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES (INCLUDING THE PROVISION OF ANY COMPANY CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY SERVICES, COMPANY CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS.
YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL, IN ANY RESPECT, ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE WEBSITE.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICES, OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES, OR POLICIES OF THE COMPANY IN OPERATING THE WEBSITE AND PROVIDING THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE WEBSITE AND SERVICES.
11. Limitation of Liability
CONSUMER PROTECTION LAWS IN QUÉBEC PROHIBIT ANY STIPULATION THAT WOULD RELIEVE A MERCHANT FROM THE CONSEQUENCES OF HIS OR HER OWN ACTION. IF YOU ARE A QUÉBEC CONSUMER, THIS SECTION 11 DOES NOT APPLY TO THE EXTENT THAT IT WOULD RELIEVE THE COMPANY OR ITS REPRESENTATIVE(S) OF LIABILITY FOR ANY ACTION OF THE COMPANY.
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY LOSSES, COSTS, OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE WEBSITE, SERVICES, OR ANY COMPANY CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE).
IN NO EVENT WHATSOEVER SHALL ANY OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “COMPANY PARTIES”) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF WEBSITE OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE WEBSITE OR THE USE OF, OR RELIANCE ON, ANY COMPANY CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE WEBSITE OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE COMPANY PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE WEBSITE, SERVICES, AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU.
The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The terms and conditions of these Terms of Use that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms of Use. You agree that the limitations of liability set out in these Terms of Use are fair and reasonable in the circumstances.
12. Indemnity
Except if you reside in Québec, you agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, demands, losses, liabilities, damages, costs, and expenses suffered by such persons, including without limitation, reasonable legal and accounting fees, alleging or resulting, directly or indirectly, from your: (a) breach of these Terms of Use; (b) access to the Website or use of the Services; and (c) provision of User Content, Registration Data, or other disclosure to the Company of any other information or data and the use of same by the Company or other Company Party as contemplated hereunder.
13. Trade-marks
All product, brand, and company names, logos, and trade marks displayed on the website or used in connection with the services are the trade marks of the company (or its suppliers, partner businesses, or third-party licensors). Any use of any of the marks appearing on the website or in connection with the services without the express written consent of the company or the owner of the mark, as appropriate, is strictly prohibited.
14. Links
The company provides links on the website to other websites or resources, including those operated by parties other than the company. These links are provided for your convenience, and the company is not responsible for the availability of such websites or resources, does not endorse or accept responsibility for the content of such external websites or resources, and has no responsibility for or control over the terms of use or privacy policy (if any) of the operators of the external websites or resources. Your access to and viewing of any third-party websites or resources is conducted at your own risk. You are strongly advised to check the terms of use and the privacy policies of these external websites or resources before making use of them. You acknowledge that the company may remove any link to an external website or to resources at any time for any reason whatsoever.
15. Jurisdiction
CONSUMER PROTECTION LAWS IN QUÉBEC PROHIBIT ANY STIPULATION OF A LAW OTHER THAN THE LAWS OF QUÉBEC AND THE FEDERAL LAWS OF CANADA. IF YOU ARE A QUÉBEC CONSUMER, THE FOLLOWING PARAGRAPH DOES NOT APPLY.
The website is administered by the company from a site that is located in Ontario, Canada. You acknowledge and agree that your use of the website and all of the communications, transmissions, and transactions associated with the website and the provision of the services shall be deemed to have occurred in the Province of Ontario, Canada. You agree that these Terms of Use shall be exclusively governed by, construed, and interpreted in accordance with the laws of the Province of Ontario, Canada, and that federal laws of Canada are applicable therein, and that the law of the Province of Ontario is the proper law. You irrevocably consent to the exclusive jurisdiction of the Courts of the Province of Ontario in respect of all matters and disputes arising hereunder.
You expressly agree that, in the event that there is a dispute under these Terms of Use and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial, and you hereby waive any right to trial by jury.
16. Waiver
No delay or omission by the Company to exercise any right or power it has under these Terms of Use or to object to the failure of any covenant of yours to be performed in a timely and complete manner shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by the company must be in writing and signed by an authorized representative of the company.
17. Entire Agreement
These Terms of Use, together with any applicable Service Terms, constitute the entire agreement between you and the Company as it relates to the access to and use of the Website and Services and the subject matter of these Terms of Use and supersede all prior or contemporaneous agreements, negotiations, representations, and proposals, written or oral, between the Company and you.
18. Interpretation
In these Terms of Use: (a) words denoting the singular include the plural and vice versa; (b) all usage of the word “including” means “including, without limitation,” throughout these Terms of Use; (c) all dollar amounts are expressed in Canadian currency unless expressly provided otherwise; (d) the division of these Terms of Use into separate sections, subsections and the insertion of headings is for convenience only and shall not affect the construction or interpretation of these Terms of Use; (e) words or abbreviations which have well-known or trade meanings are used herein in accordance with their recognized meanings; and (f) you and the Company agree that these Terms of Use shall not be construed in favour of or against any party by reason of the extent to which any party or its professional advisors participated in the preparation of these Terms of Use.
19. Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of these Terms of Use or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of these Terms of Use shall be valid and enforceable to the extent permitted by law.
20. Electronic Documents
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
21. Conformance with Law
In addition to complying with these Terms of Use, you agree to use the Website and Services for lawful purposes only and in a manner consistent with all applicable local, national, or international laws and regulations, including all privacy and personal information laws. The website and any services shall not be used where, and to any extent, such use is prohibited by law. Your use of the website from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree and confirm that your use of the website is in full compliance with the laws of the jurisdiction(s) to which you are subject, that you are not prohibited from using the website due to any restriction whatsoever, and that you have obtained all necessary consents and approvals required or reasonably necessary.
22. Termination
The Company may terminate these Terms of Use and your use and access of the Website and Services if you fail to comply with any provision of these Terms of Use. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, interpretative provisions, and your warranties and indemnities shall survive any termination of these Terms of Use. The Company shall not be required to refund to you any amounts prepaid, if any, for use of the Website or any Services if the Company has terminated your account or your use of, or access to, the Website and/or any of the Services for breach of these Terms of Use. The Company may also terminate your access to the Website without notice at any time for any reason whatsoever, and any fees or charges paid by you in advance, if any, shall be refunded on a pro rata basis.
23. Contacts and Notices
If you have any questions about the Terms of Use or need to provide notice to, or communicate with, the Company under the Terms of Use, please contact the Company by clicking Contact Us, or by delivery in person, by courier, or by mail to the Company at 103 Rouge Forest Cr. Pickering, ON L1V 7A1. The company may provide notices or communications to you on the website, and you agree that such notices shall constitute notice to you whether or not you actually access the notice.
24. Assignment
These Terms of Use are personal to you and are not assignable, transferable, or sublicensable by you except with the company’s prior written consent. The company may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
