Cyphercor Terms of Service
These Terms of Service (“Terms”) govern your use of www.cyphercor.com (the “Website”) which is made available by Cyphercor Inc. (“we”/”us”). Your access to and use of the Website, and any information, text, graphics, data, profiles, links, audio and video clips or other materials appearing on the Website (collectively referred to as “Content”) is conditional on your acceptance of and compliance with these Terms as well as our Privacy Policy which governs our use of your personal information.
Website Description
The Website provides information about us and the various products that we offer (the “Products”). The Website also solicits feedback, comments, and suggestions from the users of our Website (“Feedback”).
We reserve the right to change the form and nature of the Website from time to time without prior notice to you. In addition, we may stop providing access to the Website or aspects of the Website and we may not be able to provide you with prior notice.
You are responsible for your use of the Website and any Feedback you submit. The Website may include advertisements, which may be targeted to the Content or information on the Website. The types and extent of advertising on the Website are subject to change. In consideration for our granting you access to and use of the Website, you agree that we (and our partners) may place such advertising on the Website or in connection with the display of Content or information from the Website.
Links
The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
Links to third party websites or resources do not imply any endorsement by us of the content, products, or services available from such websites or resources. You have sole responsibility for and assume all risk arising from your use of any such websites or resources. You further acknowledge that your use of those third party sites and services will be subject to the user terms and policies of each individual site, including terms relating to privacy and order fulfillment when you purchase any goods or services from a third party website linked to from the Website.
Restrictions on Use of the Website
We reserve the right at all times (but will not have an obligation) to terminate users from using our Website. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
You may not do any of the following while accessing the Website:
- Contravene any applicable laws relating to acceptable online conduct, behavior and content usage;
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Engage in any illegal, offensive or unauthorized conduct including:
- Hacking, accessing, tampering with, or using non-public areas of the Website, our computer systems, or the technical delivery systems of our providers and partners;
- Promoting bigotry;
- Threatening, discriminating against, or impersonating other Website users (based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise);
- Posting any sexual or otherwise explicit content;
- Probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures;
- Interfering with, or disrupting, (or attempting to interfere or disrupt), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Website.
- Removing or modifying any copyright, trademark, or other proprietary notice on the Website.
- Use automated devices (such as robots and spiders) to scrape or index the Website or its Content;
- Record or mine information about other users of the Website;
- Create or post shill reviews for your own business, products and services or those of any other party.
You agree to indemnify us for any and all claims, damages, losses and expenses (including reasonable legal fees) relating to any acts by you, including but not limited to any Feedback submitted by you, in connection with using the Website, resulting in claims against us by other users or third parties.
Content on the Website
We do not represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications or endorse any opinions expressed via the Website. You understand that, by using the Website, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website or broadcast elsewhere.
License of Rights
By submitting Feedback on or through the Website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content or Feedback in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for us to make such Content or Feedback available to other companies, organizations or individuals who partner with Cyphercor for the broadcast, distribution or publication of such Content or Feedback on other media and services, subject to the terms and conditions for such Content or Feedback use.
Such additional uses by Cyphercor, or other companies, organizations or individuals who partner with Cyphercor, may be made with no payment or other compensation to you in respect of the Content or Feedback that you submit, post, transmit or otherwise make available through the Website. Cyphercor will not be responsible or liable for any use of your Content or Feedback by Cyphercor in accordance with these Terms. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content or Feedback that you submit.
Cyphercor Rights
All right, title, and interest in and to the Website (excluding Content and provided by users) are and will remain our exclusive property and the property of our licensors The Website is protected by copyright, trademark, and other laws of both Canada and foreign countries. Nothing in the Terms gives you a right to use the Cyphercor name or any of the Cyphercor trademarks, logos, domain names, and other distinctive brand features. Any Feedback you may provide is provided entirely voluntarily and we will be free to use such Feedback as we see fit and without any obligation to you.
The Website is Provided “AS-IS”
Your access to and use of the Website is at your own risk.
You understand and agree that the Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, CYPHERCOR AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Website or any content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website or any Content. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Website. We make no warranty that the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained through the Website will create any warranty not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYPHERCOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CYPHERCOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of Cyphercor to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the province of Ontario without regard to or application of its conflict of law provisions or your province or country of residence. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in Ontario, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Entire Agreement
These Terms and our Privacy Policy are the entire and exclusive agreement between Cyphercor and you regarding the Website and these Terms supersede and replace any prior agreements between Cyphercor and you regarding the Website.
We may revise these Terms from time to time and the most current version will always be at available on our Website. By continued use of the Website after revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us at: info@cyphercor.com.
Effective Date: February 8, 2023
