The Sud Group Website Terms of Use
Last updated: October 7th, 2019
Your access to and the use of The Sud Group (the “Website”) is subject to the following terms and conditions (“Terms”), as well as all applicable laws. In consideration of The Sud Group (“we” or “us”) making the Website available to you, you agree to comply by these Terms of Use, as amended from time to time. If you do not agree with these Terms, do not use the Website.
IMPORTANT INFORMATION: The Website and the information provided on it (“Services”) are for information purposes only. All information contained herein is provided without warranty of any kind and while we post information from sources we believe to be reliable we make no representation as to the accuracy, suitability, or completeness of the contents and will not be liable for any discrepancies in this regard.
Acceptable Use of Website
By agreeing to these Terms and using this Website, you are agreeing that you will only use it for lawful purposes. Additionally, you will not:
• Upload or transmit any communications or content of any type that may infringe or violate any rights of any party.
• Use this Website for any purpose in violation of local, provincial, national or international laws.
• Use this Website as a means to distribute advertising or other unsolicited material to any third party.
• Use this Website to post or transmit material that is unlawful, obscene, defamatory, threatening,harassing, abusive, slanderous, hateful or embarrassing to any other person or entity.
• Attempt to disable, “hack” or otherwise interfere with the proper functioning of this Website.
• If you use any part of the Website requiring secure access, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
We may (in our sole discretion) suspend or terminate your access to or use of the Website without notification for any violation of these Terms of Use, or for other conduct that we deem harmful or unlawful to others. In the event of termination, you are no longer authorized to access the Website, and we will use whatever means necessary to enforce this termination.
Proprietary Rights
Our logos are trademarks of The Sud Group and may not be used without the express written permission of The Sud Group. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. The Sud Group is not responsible for content on websites operated by parties other than The Sud Group. All Website design, text, layout, computer code, graphics and the selection and arrangement thereof is owned by us and all rights are reserved. You are authorized to view, download and print portions of the Website solely for your personal and non-commercial use or as we otherwise permit. Any other use of materials on this Website, including: (1) reproduction, except as authorized herein; (2) modifications or creation of derivate works; (3) distributions; (4) republication; (5) transmission; (6) re-transmissions; (7) or public showing, without our prior written permission, is strictly prohibited.
You may not remove or obscure the copyright notice or other notices contained in information or products retrieved from this Website.
By agreeing to these Terms, you grant us a non-exclusive and transferable right to handle any data you submit or collected by visiting our Website and using our services to (i) enable you to utilize our Website, and (2) generate information derived from your use of our Website, including, usage information, metrics and other data points which are not able to be reverse engineered to reveal your identity (“Anonymized Information”). We will own all Anonymized Information and are free to use it for any purpose we see fit, including but not limited to creation, publication and dissemination of derivative works from the Anonymized Information (see examples).
You agree that all such data may be, without further required consent by you, handled by a third-party for either (1) purposes which serve our business requirements, including transaction processing and data monitoring or storage, or (2) for regulatory or other reasons which are imposed on us in Canada. We respect your privacy and will handle your data in ways which is respectful and preserves your privacy as set out in our Privacy Policy.
Notice of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us at [email protected]. Please provide us with the following Notice:
•Identify the material that you claim is infringing, with enough detail so that we may locate it on the Website;
•A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
•A statement declaring that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
•Your address, telephone number, and email address; and
•Your physical or electronic signature.
Third-Party Material & Errors
The content of the Website is for your general information and use only. It is subject to change without notice. While information provided is intended to be accurate, no representation or warranty is made with respect to the accuracy or reliability of such information.
We endeavor to display all information correctly, but occasionally the information provided may not be accurate. Product, service and other information provided are subject to change without notice. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions. Please let us know immediately if you become aware of any errors in the Website.
The Website may, from time to time, contain, link to or reference third party websites, resources and advertisers (collectively, “Third Party Material”). Accessing such Third Party Material is at your own risk. We are not responsible for the accuracy or reliability of any Third Party Material. We do not investigate, monitor, or check Third Party Material for accuracy or completeness. We are not responsible for the availability of Third Party Material, and are providing it to you only as a convenience and may discontinue providing it at any time in our sole discretion without notice to you. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any Third Party Material.
Limitation of Liability
Your use of any information or materials on the Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information meet your specific requirements. To the full extent permitted by law, we disclaim any warranty as to the Website and the suitability of the content therein.
UNLESS PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE WEBSITE OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THE WEBSITE; (2) ANY CONTENTS OR MATERIALS INCLUDED IN THE WEBSITE; (3) ANY INACCURACY, ERROR OR OMISSION ASSOCIATED WITH THE WEBSITE, (4) ANY WORK INITIATED BY YOU AND BASED ON THE DIRECTIONS CONTAINED IN THE WEBSITE OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE INFORMATION CONTAINED IN THE WEBSITE; AND (5) ANY TRANSACTION CONDUCTED IN CONNECTION WITH THE WEBSITE.
Indemnity
You agree to indemnify us and any of our affiliated companies and each of their respective owners, officers, directors, employees, agents, and licensors from any claim or demand, including reasonable legal fees, made by any third party due to content you submit or transmit through the Website, your use of the Website, your violation of these Terms of Use, or your violation of any rights of another.
Disclaimer of Warranties
THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED ON THE SUD GROUP SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. THE SUD GROUP EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE SUD GROUP AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. THE SUD GROUP DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SUD GROUP SITE WILL BE CORRECTED. THE SUD GROUP DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. THE SUD GROUP DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE THE SUD GROUP SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SUD GROUP SITE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE SUD GROUP SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.
Privacy
We will collect, use, and disclose your personal information only in accordance with the terms set out in our Privacy Policy. By using this Website you acknowledge and agree that your personal information is governed by our Privacy Policy.
Governing Law
These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to its conflict of laws provisions. All values are displayed in Canadian Dollars. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The Website is physically maintained and operated by The Sud Group from the Province of Ontario.