1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Stratenym Inc. (“we”, “us”, or “our”), concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason without notice. Updated Terms of Use will be posted on this page of the Site. You waive any right to receive specific notice of any changes to these Terms of Use. All changes are effective immediately upon posting to this Site and apply to all access to and continued use of the Site. It is your responsibility to check the applicable Terms of Use every time you access or use our Site. Your continued access and use of the Site after any changes are posted constitutes your acceptance of the revised Terms of Use. Please review this page periodically for updates. The date of the most recent update appears at the bottom of this page.
The Site is provided for general informational purposes only. The information provided on the Site is not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any person who accesses the Site from a jurisdiction outside of Canada acknowledged that they have done on their own initiative and is solely responsible for ensuring such access and use complies with all applicable local laws and regulations.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and its entire contents, features, and functionality, including, but not limited to, all information, source code, databases, , website layout, designs, audio, video, text, displays, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and other intellectual property laws. We retain all rights, title, and interest in and to the Content and Marks, including all associated intellectual property rights.
The Content and the Marks are provided on the Site “AS IS” for your personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
You are granted a limited, non-exclusive, revocable license (“License”) to access and use the Site and to download or print a copy of any portion of the Content solely for your personal use and in accordance with the Terms of Use and any other agreements entered into between you and us . Nothing in this License, our Site, or any other agreement entered into between you and us, whether express or implied, grants you any intellectual property or ownership rights in the Site, Content or Marks, nor does it allow you to modify, reproduce, distribute, create derivative works from, publicly display, or otherwise use the Content or Marks without our prior written consent. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By accessing or using the Site, you represent and warrant that: (1) you have the legal capacity in your jurisdiction and you agree to comply with these Terms of Use; (2) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (3) you will not use the Site for any illegal or unauthorized purpose; (4) your access to and use of the Site will not violate any applicable law or regulation; and (5) any information you submit to us, including personal data, is accurate, complete, and lawful, and where applicable, you have obtained the necessary consents, approvals or authorizations from third-parties to provide such information.
4. USE AND PROHIBITED ACTIVITIES
You may only access and use the Site, Content and Marks in accordance with these Terms of Use and all applicable laws and regulations. You may not access or use the Site for any purpose that is unlawful, unauthorized, or prohibited by these Terms of Us.e .
By accessing or using this Site, you agree not to:
- Trick, defraud, or mislead us;
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
- Use any information obtained from the Site to harass, abuse, or harm another person;
- Make improper use of our support services or submit false reports of abuse or misconduct;
- Use the Site in a manner inconsistent with any applicable laws or regulations;
- Engage in unauthorized framing of or linking to the Site, including deep-linking to any page of the Site without our express prior written consent, or linking to the Site in any manner that could falsely imply our affiliation with or endorsement of you, your website, or your products or services;
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
- Engage in any automated use of the system, such as using scripts or using any data mining, robots, or similar data gathering and extraction tools;
- Remove, alter, obscure, or delete any copyright, trademark, or other proprietary rights or attribution notice on or in the Site or any Content;
- Modify copies of any portion of Content or Marks downloaded or printed from the Site;
- Attempt to impersonate any person or entity;
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
- Make any unauthorized use of the Site, including collecting names, email addresses or other personal or business information by electronic or other means for the purpose of sending unsolicited email; or
- Use the Site for any commercial purpose without our express written consent.
5. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate action against anyone who, in our sole discretion, violates applicable law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable any Content, Marks or other materials or information; and (5) otherwise manage the Site in any manner we consider, in our sole discretion, necessary, expedient, or desirable for the protection of our rights and property, the furtherance of our business objectives, and the continued security and proper functioning of the Site.
6. TERMINATION
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.
7. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time and for any reason at our sole discretion with or without notice. Notwithstanding the foregoing, we have no obligation to update any information on our Site and are not liable for any failure to update. We also reserve the right to modify or discontinue all or part of the Site, either temporarily or permanently, with or without notice at any time and without liability.
We do not guarantee that the Site will be available at all times. We may experience hardware, software, or other problems, or a need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuation of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
8. INJUNCTIVE AND EQUITABLE RELIEF
You acknowledge that any actual or threatened breach of these Terms of Use, including any misuse of the Site, the Content, or our intellectual property, would cause us irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, in addition to any other remedies available at law or in equity, we shall be entitled to seek temporary, preliminary, and permanent injunctive or other equitable relief, including specific performance, without the necessity of posting a bond to the extent permitted by law.
09. GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the courts located in Toronto, Ontario, Canada to resolve any dispute which may arise in connection with these Terms of Use.
10. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
11. DISCLAIMER
THE SITE AND THE CONTENT ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE, THE CONTENT AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE CONTENT, THE MARKS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE, AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, DELAY, OR FAILURE TO ACT CAUSED BY ANY CAUSE BEYOND OUR REASONABLE CONTROL.
12. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, (INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE IS LIMITED TO ONE HUNDRED CANADIAN DOLLARS (CAD $100) IN THE AGGREGATE. THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND DO NOT LIMIT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, NOR DO THEY AFFECT ANY NON‑WAIVABLE RIGHTS YOU MAY HAVE UNDER APPLICABLE CONSUMER PROTECTION LAWS.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or resulting from: (1) your use of the Site; (2) your violation of these Terms of Use; (3) your infringement, misappropriation, or violation of any intellectual property or other proprietary or privacy right; or (3) your interference with, or attempt to interfere with, the security or integrity of the Site or our systems. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
14. THIRD-PARTY WEBSITES
For your convenience, the Site may provide links to third-party websites. We make no representations about any other websites that may be accessed from the Site. If you choose to access any such websites, you do so at your own risk. We have no control over the contents of any such third-party websites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
15. USER DATA
We may maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. To the maximum extent permitted by law, you agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Please consult the Privacy Policy on the Site for additional details about how we handle your data.
16. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
When you access or use the Site or contact us by email or through online forms, you are communicating with us electronically. You consent to receive electronic communications from us in response to your inquiries, and you agree that such communications may be provided electronically.
17. MISCELLANEOUS
These Terms of Use, together with any notices, policies or operating rules posted by us on the Site govern your access to and use of the Site and its features and constitute the entire agreement and understanding between you and us for that purpose. They replace all prior or contemporaneous communications and understandings, whether written, oral or electronic, relating to your use of the Site, Content and Marks. If you have a separate written agreement with us, it will not apply to your use of this Site unless it expressly states otherwise.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time.
If any provision (or part of a provision) of these Terms of Use is determined to be unlawful, void, or unenforceable by a court of competent, that provision will be applied to the maximum extent permitted by law and the remaining provisions will continue in full force and effect. Any unenforceable term will be deemed modified to the minimum extent necessary to make it enforceable.
Neither these Terms of Use, nor your access or use of the Site, creates any joint venture, partnership, employment or agency relationship created between you and us.
You agree that these Terms of Use shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. You further waive any objection to the formation or enforceability of these Terms of Use based on the electronic form of these Terms of Use or the absence of physical.
18. CONTACT US
If you have questions, concerns, or feedback regarding the Site or these Terms of Use, please contact us at: privacy@stratenym.com