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Terms & Conditions
TERMS OF USE - MIMS.AI
Version 1.0 posted and effective as of 8 May 2018
THESE TERMS OF USE (OR “TERMS” FOR SHORT) ARE A LEGAL CONTRACT BETWEEN YOU (OR YOUR ORGANIZATION) AND 9813063 CANADA INC. (“we”, “us” or “our”), THEY GOVERN YOUR ACCESS TO AND USE OF OUR WEBSITE: www.mims.ai (“Website”),
PLEASE READ CAREFULLY, SINCE THESE TERMS INCLUDE LIMITATIONS OF LIABILITY AS WELL AS DISCLAIMERS OF WARRANTIES, AND OTHER TERMS WHICH AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU LACK CAPACITY OR AUTHORITY TO AGREE TO THESE TERMS, YOU MUST NOT VISIT OUR WEBSITE.
1. Scope of these Terms
These Terms do not apply to third-party websites, even if those websites are referenced or linked to by us or our Website. We cannot be responsible for the content of third-party websites, their terms of use, or any issues arising from your access to and use of third-party websites.
2. Changes to these Terms
We may amend any part of these Terms by adding, deleting, or varying their content. These amendments may be made at any time and from time-to-time in our discretion, and could occur very close together, or very far apart, depending on the circumstances.
Changes will be made by updating the webpage that displays these terms and increasing the version number at the start of these terms. If you disagree with an amendment to these terms, you must cease visiting our website.
3. Authorized Activities
Subject to your compliance with these Terms, and for as long as we makes the Website available, we grant you a limited right to access the Website.
This right takes the form of a licence that is personal, revocable, non-exclusive, non-transferrable, and non-sublicenceable. For greater certainty, this does not include any right to directly access the software, databases, algorithms or data which powers the Website, nor any right to obtain a copy of the source code or architecture thereof.
This licence authorizes limited and temporary reproduction of the Website only to the extent necessary for normal browsing activities. You may not permanently reproduce this Website or any part thereof, including any content hosted on the Website. Nor may you distribute or exploit the Website or any of its content in any manner whatsoever.
For greater certainty, nothing in these Terms provides you with any ownership interest in the intellectual property embodied in the Website or its contents. You acknowledge that intellectual property in the Website and its content belongs to us or our licensors (as the case may be), and that you shall not own same.
4. Unauthorized Activities
Consistent with the limited nature of your right to access the Website, you must not: (i) decompile, disassemble, reverse engineer, investigate, or otherwise access any non-UI portion of the Website; (ii) circumvent any limitations we place on your use of the Website; (iii) use or display the Website in such a way that this allows derivation of information about it that was not intended to be made available to users; (iv) circumvent any security features or technological protection measures built into the Website; (v) automate access to the Website, including, without limitation, through the use of APIs, bots, scrapers or other similar devices; (vi) attempt to install the Website blocked or banned by us; (vi) engage in any behaviour which has specifically been prohibited in a communication received by you from us.
5. Disclaimer of Warranties and Limitation of Liability
WE HEREBY EXCLUDE ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES REGARDING THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY CONDITION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NOTABLY, AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, WE NOT GUARANTEE ANY PARTICULAR LEVEL OF UP-TIME OR AVAILABILITY OF THE WEBSITE. THE WEBSITE MAY BECOME UNAVAILABLE FOR MANY REASONS, INCLUDING SCHEDULED AND UNSCHEDULED MAINTENANCE BY US. NOR DO WE PROVIDE ANY REPRESENTATION, CONDITION, OR WARRANTY REGARDING THE INFORMATION FOUND ON THIS WEBSITE, INCLUDING ANY GUARANTEE REGARDING THE ACCURACY OR RELIABILITY THEREOF. YOU HEREBY DISCLAIM ANY RIGHT TO RELY ON INFORMATION APPEARING ON THE WEBSITE.
WITH THE EXCEPTION OF INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE, WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY OR RELATED TO THE WEBSITE, INFORMATION APPEARING ON IT, OUR ACTIONS OR INACTIONS, OR THESE TERMS (INCLUDING THE BREACH OF THESE TERMS). THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPERTY, PRIVACY, STATUTE, OR OTHERWISE.
NOTABLY, AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOST TIME, OR LEGAL FEES AND LITIGATION EXPENSES.
6. General
a) Governing law and jurisdiction
These Terms are governed exclusively by the domestic laws of Ontario and the federal laws of Canada applicable therein. The International Sale of Goods Act, RSO 1990, c I.10, does not apply to these Terms. Any litigation between you and us arising from or related to these Terms or the Website shall be submitted to the exclusive jurisdiction of the courts of Ontario.
b) Assignment
You may not assign any of your rights arising under these Terms without our written consent.
c) Status of the Parties
These Terms do not create any relationship of employment, partnership, agency, trust, franchise, or joint venture. Nor do they create any fiduciary duties.
d) Amendments
These Terms can only be amended or suspended by following the procedure set out in clause 1, above. No other amendment or suspension is valid, nor can any purported waiver be set up against us unless the waiver follows the procedure for an amendment set out in clause 1.
e) Entire Agreement
These Terms (as amended from time to time) constitute the entire agreement between you and us regarding the Website. These Terms (and any amendments) replace and supersede any previous or existing agreement, contract, understanding, or representation regarding the Website.
f) Language
You and us have agreed that these Terms and all related documents be drawn up in the English language. Les parties aux présentes reconnaissent avoir convenu que la présente entente et les documents connexes soient rédigés en langue Anglais.
g) Privacy
We take privacy seriously. For more information on how we collect, use, and disclose personal information, please see our privacy policy, accessible here: http://www.mims.ai?open=privacy-policy
h) Contact
General inquiries to us may be sent to the following address:
9813063 CANADA INC.
My Intelligent Machines - MIMs
51 Sherbrooke street West, office 101, Montreal, QC,
CANADA, H2X 1X2
[email protected]