TERMS OF USE

Current as of April 22, 2020

These Terms of Use ("Terms") apply to the www.datarismus.com website and its contents (the "Site"). “We”, “us” and “our” refers to Datarismus, its proprietors, employees, officers, directors, agents and consultants (collectively the “Company”) which operate the Site. When we say "you", “your” or "user", we mean a general user of the Site.

These Terms constitute a legal agreement and are entered into by and between you and the Company. Please read these Terms carefully since your access to and use of the Site is conditioned on your acceptance of, and compliance with, these Terms. These Terms apply to all visitors, users and others who access the Site. Use of the Site in any manner, including simply browsing the Site, constitutes your acceptance of, and agreement to, these Terms. If you do not agree to be bound by these Terms, please do not access or use the Site.

For the purposes of these Terms, the word “content” includes any text, photographs, images, graphics, interactive visualizations, software, source code, apps, specifications, audio files, videos, articles, blogs, trademarks, logos and other information or materials available through the Site.

BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY, AND TO COMPLY WITH, OUR TERMS OF USE AND OUR PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE.

The Site is designed and intended for use by adults. If you are under 18, you may use the Site only with involvement of a parent or legal guardian. If you are a parent or legal guardian, you must monitor and supervise the use of the Site by children, minors and others under your care. You agree to be responsible for their use of the Site.

If you are using the Site on behalf of a company or other entity, then when used in these Terms, the word “you” also means such company or other entity, and you are binding such company or other entity to these Terms. By using the Site, you represent and warrant that you are lawfully able to enter into contracts and that you have all necessary power and authority to bind yourself and any other company or other entity to these Terms. If you do not meet all of our eligibility requirements, you must not access or use the Site.

1. MODIFICATIONS TO THESE TERMS AND TO THE SITE

We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to, and continued use of, the Site. You agree to periodically review these Terms to be aware of any such modifications. Your continued use of the Site shall constitute your acceptance of the then-current Site Terms.

The content on the Site and the Site itself may be changed, withdrawn or terminated at any time in our sole discretion without notice to you or any other user. We will not be liable if for any reason all or any part of the Site is restricted to you or any other user or is unavailable at any time or for any period.

2. YOUR USE OF THE SITE

You are prohibited from attempting to circumvent and from violating the security of the Site including without limitation:

  • accessing content and data that is not intended for you;
  • attempting to breach or breaching the security and/or authentication measures which are not authorized;
  • restricting, disrupting or disabling service to users, hosts, servers or networks;
  • illicitly reproducing TCP/IP packet headers;
  • disrupting network services and otherwise disrupting the Site owner's ability to monitor the Site;
  • using any robot, data mining, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Site content;
  • introducing any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
  • attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing;
  • attempting to decompile or reverse engineer any software contained on the Site; and
  • otherwise attempting to interfere with the proper working of the Site.
You may not use any network monitoring or discovery software to determine the site architecture or extract information about usage or users.

3. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

You understand and agree that the Site and its entire content, features, interactive functions and functionality, including but not limited to all displays, design, presentation, selection and arrangement, are owned by the Company, its licensors or other providers of such content, features, interactive functions and functionality and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret and any other proprietary rights. We claim copyright in the Site to the fullest extent allowed by applicable law.

The Company name, the Company logo and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on the Site are the trademarks of their respective owners. Use of any such marks, except as expressly authorized in writing, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

You may only use the Site for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content on our Site, in any form or medium whatsoever except:

  • Your device and browser may temporarily store or cache copies of Site content being accessed and viewed; and
  • A reasonable number of copies for your personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication or distribution of any kind on any medium whatsoever without the prior written permission of the Company.
You are not permitted to modify copies of any content from the Site nor to delete or alter any copyright, trademark or other proprietary rights notices from copies of content from the Site. You must not access or use any part of the Site or any services, products or content available through the Site for any commercial purposes.

If you print, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the content you have made. You have no right, title or interest in or to the Site or to any Site content, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other intellectual property laws.

4. SITE MONITORING, ENFORCEMENT, SUSPENSION AND TERMINATION

We reserve the right, without provision of any notice to you, to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, any regulatory authority or harmed party for any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Submission on or through the Site; and
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.
YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, INJURIES, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE LEGAL FEES) RESULTING FROM ANY ACTION OR PROCEEDING TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation and no responsibility to monitor the Site or its use. We cannot ensure prompt removal of objectionable content after it has been posted.

5. PRIVACY

Any user information submitted through the Site will be deemed our property and your submissions and use of the Site constitute your consent to the collection, use, maintenance, transfer and disclosure of any such user information as we deem necessary, in accordance with the Privacy Policy.

6. COMMUNICATIONS NOT CONFIDENTIAL

It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your content, information, ideas, suggestions or other materials are similar to those we have developed or are developing independently. Accordingly, we do not accept unsolicited content, information, ideas, suggestions or other materials, and take no responsibility for any content, information, ideas, suggestions or other materials so transmitted.

If, despite our policy, you choose to send us content, information, ideas, suggestions or other materials, you further agree that we are free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever and in our sole discretion, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

7. ELECTRONIC DELIVERY POLICY

The Company, transacts with the users of the Site electronically. WHEN YOU REGISTER WITH THE SITE OR OTHERWISE PROVIDE YOUR PERSONAL DATA THROUGH WEB-BASED FORMS ON THE SITE, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM US ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS OR OTHER RECORDS (COLLECTIVELY, “NOTICES”). You agree that we generally can send you electronic Notices in either or both of the following ways:

  • to the e-mail address that you provided to us through the web-based form; or
  • we may post Notices on the Site.
You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing. You must check your designated e-mail address regularly for Notices.

The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice, when you receive it or whether you actually receive the Notice. Your only method of withdrawing consent to receive Notices electronically is to terminate any registrations, subscriptions or services provided through the Site in accordance with the Privacy Policy.

You must have a personal device or a computer with an internet browser and internet e-mail software to access electronic communications. You will need a printer attached to your device to print any Notices. You can retrieve an electronic copy and a printable version of these Terms by clicking on the “Terms of Use” link located at the bottom of each web page of the Site.

8. NO RELIANCE

The content on our Site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from taking, any action on the basis of the content on the Site.

Many factors unknown to us may affect the applicability of any content contained on the Site to your particular circumstances and any use of the content contained on the Site is at your own risk. The content contained on the Site is not intended to be a substitute for professional advice. Always seek professional advice with any specific questions you may have. Never disregard professional advice or delay in seeking it because of something you have read on the Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete, reliable or up to date. Your use of the Site is at your own risk and the Company has no responsibility or liability whatsoever for your use of the Site.

The Site may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the individual or entity providing such content. Such content does not necessarily reflect the opinion of the Company.

The Company is not responsible, or liable to you or any other party, for the content or accuracy of any third-party content. You expressly understand and accept that we will not audit, validate or otherwise independently verify data collected, obtained or otherwise received (“Source Data”) and subsequently processed, analyzed or otherwise utilized by us to produce content on the Site. This includes content derived from data published by third parties and licensed in a way that is consistent with most or all aspects of the Open Definition (“Open Data”). Such Open Data is provided to us from a third-party source “as is” and without warranty. We therefore deny any liability for the accuracy or completeness of the Source Data and any analysis undertaken by us that is derived from Source Data processed, analyzed or otherwise utilized by us in the production of content on the Site.

9. THIRD PARTY WEBSITES AND SERVICES

The Site may contain links to third-party websites or services that are not owned or controlled by us. It may also contain Open Data and associated metadata published by third parties and served via web services or other Application Programming Interface, and content derived from such data and metadata.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

Any links to third-party websites provided on the Site do not imply an endorsement, affiliation, or sponsorship of any kind and do not represent warranties of the quality of services provided by such third parties.

You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site must not be framed on any other website. We reserve the right to withdraw linking permission from you or any other user without notice. It is your responsibility to ensure that the website in which you are linking complies in all respects with these Terms. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

10. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES, PRODUCTS, MERCHANDISE OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES, PRODUCTS, MERCHANDISE OR ITEMS FOUND OR ATTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE PROPRIETORS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SITE OR ITS CONTENT.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE PROPRIETORS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT OR ANY SERVICES, PRODUCTS, MERCHANDISE OR ITEMS FOUND OR ATTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENT ON THE SITE.

We cannot and do not guarantee or warrant that content available for downloading from the internet or the Site will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Site and your device, internet and data security.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE EQUIPMENT, DEVICE PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES, MERCHANDISE OR PRODUCTS FOUND OR ATTAINED THROUGH THE SITE OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON THE SITE, OR ON ANY WEBSITE LINKED TO IT.

11. LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE PROPRIETORS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, MISREPRESENTATION, FUNDAMENTAL BREACH, OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OR HAD REASON TO KNOW OR IF IT WAS REASONABLY FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE OR RELIANCE ON, THE SITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES AND SERVICES, OR ANY CONTENT THEREON OR SO PROVIDED.

IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE SITE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED THE LESSER OF $1 (ONE CANADIAN DOLLAR) OR THE TOTAL AMOUNT YOU PAID TO THE COMPANY IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. CLAIMS

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

13. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its affiliates and their respective proprietors, directors, officers, shareholders, employees, agents, service providers, representatives, contractors, licensors, suppliers, successors and assigns from and against any claims, injuries, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms, your use of the Site and the use of the Site by your agents, contractors, employees, servants, licensees, representatives, trustees, assignees, heirs and any other individual or entity who used or logged into your account pertaining to the Site including, but not limited to, any information provided by you, third party websites or services, any use of the Site's content and any other services and products other than as expressly authorized in these Terms.

14. GOVERNING LAW, JURISDICTION AND REGULATION

The Site (and your use thereof), the Privacy Policy and these Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to the Site and under these Terms will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and you and the Company irrevocably submit to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Before you can commence any action or proceeding arising out of or relating to the Site and these Terms, you must first give us an opportunity to resolve such matter by emailing us at [email protected] and providing us with the following information:

  • your name;
  • your address;
  • a written description of your claim; and
  • a description of the specific relief you seek.
The Site is not intended for use in any jurisdiction where its use is not permitted. If you access the Site from any country other than Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

You expressly understand that the Company does not hold any licenses, authorizations or institutional memberships associated with the practice of any professions that are regulated in the Province of Ontario, nor does it not hold any similar licenses, authorizations or institutional memberships in any other jurisdictions.

15. WAIVER

No waiver by the Company under these Terms is effective unless it is in writing and signed by an authorized representative of the Company. No failure to exercise, or delay in exercising, any right, remedy, power or privilege of the Company arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege of the Company hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

16. SEVERABILITY

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

17. ENTIRE AGREEMENT

These Terms and the Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Site, and your use thereof, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

18. REPORTING AND CONTACT

The Site is operated by the Company. Should you become aware of misuse of the Site including libelous or defamatory conduct, you must report it to the Company at [email protected]

All other feedback, comments, requests for technical support and other communications relating to the Site should be emailed to [email protected]