Terms of Use


Last updated: April 25, 2019


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The Adaptive Systems Inc., and it's successors and assigns, ("us", "we", or "our", collectively, "TAS"), the owners and operators of this website www.adaptivesys.ca (the “Site”), respect your privacy and believe the best way to serve you on the Internet is with honesty, accountability and adherence to legal standards. We are sensitive to the issue of privacy and have structured our online activities to maximize your control over the disclosure of your own personally identifiable information.




These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our TAS's use of cookies in accordance with the terms of TAS's Privacy Policy.




This Terms of Use applies to this Site only, and does not apply to other websites or apps operated by other parties, each of which should have their own Terms of Use and Privacy Policies. Please read the respective sites' terms and policies when accessing such sites or using such apps.




Please also make sure to read the Terms of Use as it supplements and forms part of this Site's Privacy Policy. By using the Site you are agreeing to our Privacy Policy and Terms of Use. If you do not agree to the terms of this policy, please exit the Site immediately.



License to use website




Unless otherwise stated, TAS and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.




You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.




You must not:


  • republish material from this website (including republication on another website);

  • sell, rent or sub-license material from the website;

  • show any material from the website in public;

  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

  • edit or otherwise modify any material on the website; or

  • redistribute material from this website, except for content specifically and expressly made available for redistribution.




Acceptable Use




You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.




You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.




You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without TAS's express written consent.




You must not use this website to transmit or send unsolicited commercial communications.




You must not use this website for any purposes related to marketing without TAS's express written consent.



Restricted Access




Access to certain areas of this website may be restricted. TAS reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at TAS's discretion.




If TAS provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.




TAS may disable your user ID and password at TAS's sole discretion without notice or explanation.



User Consent




In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.




You grant to TAS a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to TAS the right to sub-license these rights, and the right to bring an action for infringement of these rights.




Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or TAS or a third party (in each case under any applicable law).




You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.




TAS reserves the right to edit or remove any material submitted to this website, or stored on TAS's servers, or hosted or published upon this website.




Notwithstanding TAS's rights under these terms and conditions in relation to user content, TAS does not undertake to monitor the submission of such content to, or the publication of such content on, this website.



No Warranties




This website is provided “as is” without any representations or warranties, express or implied. TAS makes no representations or warranties in relation to this website or the information and materials provided on this website.




Without prejudice to the generality of the foregoing paragraph, TAS does not warrant that:


  • this website will be constantly available, or available at all; or

  • the information on this website is complete, true, accurate or non-misleading.





Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.



Limitations of Liability




TAS will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:


  • to the extent that the website is provided free-of-charge, for any direct loss;

  • for any indirect, special or consequential loss; or

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.





These limitations of liability apply even if TAS has been expressly advised of the potential loss.



Exceptions




Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit TAS's liability in respect of any:


  • death or personal injury caused by TAS's negligence

  • fraud or fraudulent misrepresentation on the part of TAS; or

  • matter which it would be illegal or unlawful for TAS to exclude or limit, or to attempt or purport to exclude or limit, its liability.




Reasonableness




By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.




If you do not think they are reasonable, you must not use this website.



Other Parties




You accept that, as a limited liability entity, TAS has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against TAS's officers or employees in respect of any losses you suffer in connection with the website.




Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect TAS's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as TAS.



Unenforceable Provisions




If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.



Indemnity




You hereby indemnify TAS and undertake to keep TAS indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by TAS to a third party in settlement of a claim or dispute on the advice of TAS's legal advisers) incurred or suffered by TAS arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.



Breaches of these Terms and Conditions




Without prejudice to TAS's other rights under these terms and conditions, if you breach these terms and conditions in any way, TAS may take such action as TAS deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.



Variation




TAS may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.



Assignment




TAS may transfer, sub-contract or otherwise deal with TAS's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.




You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.



Severability




If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.



Entire Agreement




These terms and conditions, together with the Privacy Policy, constitute the entire agreement between you and TAS in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.



Law and Jurisdiction




These terms and conditions will be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Ontario.



Questions/Concerns?




If you have any concerns about privacy procedures respecting our Site, or to find out further details about how your Personal Information may be used, write us at:



555 Industrial Drive, Suite 109

Milton, ON, Canada

L9T 8H8



Attention: Privacy Officer



Or you may email us at privacy@adaptivesys.ca. OR info@adaptivesys.ca.




Please make any communications as complete and descriptive as possible, and we will attempt to respond promptly to your concerns.



Office of the Privacy Commissioner of Canada




The Office of the Privacy Commissioner of Canada oversees our Personal Information handling practices. If any privacy concerns are not addressed to your satisfaction you may contact the Office of the Privacy Commissioner of Canada for further guidance:



Phone:

1-800-282-1376 or 819-994-5444

Fax:

819-994-6591

Website:

www.priv.gc.ca





Copyright ©2019 The Adaptive Systems Inc.