Terms - Venture X Canada

Terms

Acceptance of the Website Terms and Conditions of Use


These website terms and conditions of use for www.venturexcanada.ca constitute a legal
agreement and are entered into by and between you and Venture X (“Company,” “we,” “us,”
“our”). The following terms and conditions, together with any documents and/or additional
terms they expressly incorporate by reference (collectively, these “Terms and Conditions”),
govern your access to and use, including any content, functionality, and services offered on or
through www.venturexcanada.ca (the “Website”).


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


By using this Website, you represent and warrant that you are the legal age of majority under
applicable law to form a binding contract with the Company and meet all of the foregoing
eligibility requirements. If you do not meet all of these requirements, you must not access or
use the Website.

 

Modifications to the Terms and Conditions and to the Website

 

We reserve the right in our sole discretion to revise and update these terms and conditions
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 Website. You agree to periodically review the
terms and conditions in order to be aware of any such modifications and your continued use
shall be your acceptance of these.

 

The information and material on this Website, and the Website, may be changed, withdrawn or
terminated at any time in our sole discretion without notice. We will not be liable if, for any
reason, all or any part of the Website is restricted to users or unavailable at any time or for any
period.

 

Your Use of the Website and Account Set-Up and Security

 

The security of your personal information is very important to us. We use physical, electronic,
and administrative measures designed to secure your personal information from accidental loss
and from unauthorized access, use, alteration, and disclosure.

 

The safety and security of your information also depends on you. Users are responsible for
obtaining their own access to the Website. Users are required to ensure that all persons who
access the Website through a user’s internet connection are aware of these Terms and
Conditions and comply with them. The Website, including content or areas of the Website,
may require user registration. It is a condition of your use of the Website that all the
information you provide on the Website is correct, current, and complete.

 

Unfortunately, the transmission of information via the Internet is not completely secure.
Although we do our best to protect your personal information, we cannot guarantee the
security of your personal information transmitted to our Website. Any transmission of personal
information is at your own risk. We are not responsible for circumvention of any privacy
settings or security measures contained on the Website.

 

Your provision of registration information and any submissions you make to the Website
through any functionality such as applications, chat rooms, e-mail, message boards, personal or
interest group web pages, profiles, forums, bulletin boards and other such functions
(collectively, “Interactive Functions”) constitutes your consent to all actions we take with
respect to such information consistent with our Privacy Policy.

 

Any username, password, or any other piece of information chosen by you, or provided to you
as part of our security procedures, must be treated as confidential, and you must not disclose it
to any other person or entity. You must exercise caution when accessing your account from a
public or shared computer so that others are not able to view or record your password or other
personal information. You understand and agree that should you be provided an account, your
account is personal to you and you agree not to provide any other person with access to this
Website or portions of it using your username, password, or other security information. You
agree to notify us immediately of any unauthorized access to or use of your username or
password or any other breach of security. You also agree to ensure that you logout from your
account at the end of each session. You are responsible for any password misuse or any
unauthorized access.

 

We reserve the right at any time and from time to time, to disable or terminate your account,
any username, password, or other identifier, whether chosen by you or provided by us, in our
sole discretion for any or no reason, including any violation of any provision of these Terms and
Conditions.

 

You are prohibited from attempting to circumvent and from violating the security of this
Website, including, without limitation: (a) accessing content and data that is not intended for
you; (b) attempting to breach or breaching the security and/or authentication measures which
are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or
networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and
otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot,
spider, or other automatic device, process, or means to access the Website for any purpose,
including monitoring or copying any of the material on the Website; (g) introducing any viruses,
trojan horses, worms, logic bombs, or other material that is malicious or technologically
harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service
attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the
proper working of the Website.

 

Intellectual Property Rights and Ownership

 

You understand and agree that the Website and its entire contents, features, and functionality,
including, but not limited to, all information, software, code, text, displays, graphics,
photographs, video, audio, design, presentation, selection, and arrangement, are owned by the
Company, its licensors, or other providers of such material and are protected in all forms by
intellectual property laws including without limitation, copyright, trademark, patent, trade
secret, and any other proprietary rights.


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 this Website are the trademarks of their respective owners. Use of any such
property, except as expressly authorized, shall constitute an infringement or violation of the
rights of the property owner and may be a violation of federal or other laws and could subject
the infringer to legal action.


You may only use the Website 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
material on our Website, in any form or medium whatsoever except:


(a) your computer and browser may temporarily store or cache copies of materials
being accessed and viewed;
(b) a reasonable number of copies for 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;
(c) one single user copy may be downloaded with any proprietary notices intact, for
your own personal, non-commercial use, conditional on your agreement to be bound by
our end user licence agreement for such downloads; and
(d) in the event social media platforms are linked to certain content on our Website,
you may take such actions as our Website and such third-party social media platforms
permit.


Users are not permitted to modify copies of any materials from this Website nor delete or alter
any copyright, trademark, or other proprietary rights notices from copies of materials from this
site. You must not access or use for any commercial purposes any part of the Website or any
services or materials available through the Website.


If you print off, copy or download any part of our Website in breach of these Terms and
Conditions, your right to use the Website will cease immediately and you must, at our option,
return or destroy any copies of the materials you have made. You have no right, title, or
interest in or to the Website or to any content on the Website, and all rights not expressly
granted are reserved by the Company. Any use of the Website not expressly permitted by these
Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate
copyright, trademark, and other intellectual property or other proprietary laws.
Conditions of Use and User Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use the Website only for lawful
purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a user
submits, posts, publishes, displays, or transmits (collectively, “submit”) to the website, to other
users or other persons (collectively, “User Submissions”) and any and all Interactive Functions.
Any and all User Submissions must comply with all applicable federal, provincial, local, and
international laws, regulations and terms of service.
Without limiting the foregoing, you warrant and agree that your use of the Website and any
User Submissions shall not:
(a) In any manner violate any applicable federal, provincial, local, or international
law or regulation including, without limitation, any laws regarding the export of data or
software, patent, trademark, trade secret, copyright, or other intellectual property, legal
rights (including the rights of publicity and privacy of others) or contain any material
that could give rise to any civil or criminal liability under applicable laws or regulations
or that otherwise may be in conflict with these Terms and Conditions and our Privacy
Policy.
(b) In any manner violate the terms of use of any third-party website that is linked
to the Website, including but not limited to, any third-party social media website.
(c) Include or contain any material that is exploitive, obscene, harmful, threatening,
abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent,
inflammatory, or discriminatory based on race, sex, religion, nationality, disability,
sexual orientation, or age or other such legally prohibited ground or be otherwise
objectionable, such determination to be made in Company’s sole discretion.
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(d) Involve stalking, attempting to exploit or harm any individual (including minors)
in any way by exposing them to inappropriate content or otherwise or ask for personal
information as prohibited under applicable laws, regulations or code.
(e) Involve, provide or contribute any false, inaccurate or misleading information.
(f) Impersonate or attempt to impersonate the Company, a Company employee,
another user, or any other person or entity (including, without limitation, by using email
addresses, or screen names associated with any of the foregoing).
(g) Transmit, or procure the sending of, any advertisements or promotions, sales, or
encourage any other commercial activities, including, without limitation, any “spam”,
“junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or
advertising or any other similar solicitation.
(h) Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment
of the Website, or which, as determined by us, may harm the Company or users of the
Website or expose them to liability.
(i) Cause annoyance, inconvenience, or needless anxiety or be likely to upset,
embarrass, or alarm any other person.
(j) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
(k) Give the impression that they originate from or are endorsed by us or any other
person or entity, if this is not the case.
User Submissions: Grant of Licence
The Website may contain Interactive Functions allowing User Submissions on or through the
Website.
None of the User Submissions you submit to the Website will be subject to any confidentiality
by the Company. By providing any User Submission to the Website, you grant us and our
affiliates and service providers, and each of their and our respective licensees, successors, and
assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to
use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any
such material for any purpose and according to your account settings and/or incorporate such
material into any form, medium or technology throughout the world without compensation to
you. You further waive any moral rights or other rights of authorship as a condition of
submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the
necessary rights to submit the User Submissions and have the right to grant the licence hereof
to us and our affiliates and service providers, and each of their and our respective licensees,
successors, and assigns to the User Submissions and comply with these Terms and Conditions.
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You represent and warrant that all User Submissions comply with applicable laws and
regulations and the User Submissions and Site Content Standards set out in these Terms and
Conditions.
You understand and agree that you, not the Company nor their respective directors, officers,
employees, agents, service providers, contractors, licensors, suppliers or successors, are fully
responsible for any User Submissions you submit or contribute, and you are fully responsible
and legally liable, including to any third party, for such content and its accuracy. We are not
responsible or legally liable to any third party for the content or accuracy of any User
Submissions submitted by you or any other user of the Website.
Site Monitoring and Enforcement, Suspension and Termination
Company has the right, without provision of notice to:
• Remove or refuse to post on the Website any User Submissions for any or no reason in
our sole discretion.
• At all times, take such actions with respect to any User Submission deemed necessary or
appropriate in our sole discretion, including, without limitation, for violating the
Website and User Submissions and Site Content Standards or Terms and Conditions.
• Take appropriate legal action, including, without limitation, referral to law enforcement
or regulatory authority, or notifying the harmed party of any illegal or unauthorized use
of the Website. 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 materials on or through the
Website.
• Terminate or suspend your access to all or part of the Website for any or no reason,
including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES,
SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION
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, nor any responsibility to any party to monitor the Website or its use,
and do not and cannot undertake to review material that you or other users submit to the
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Website. We cannot ensure prompt removal of objectionable material after it has been posted
and we have no liability for any action or inaction regarding transmissions, communications, or
content provided by any user or third party, subject to applicable laws.
No Reliance
The content on our Website 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, any action or inaction on the basis of the
content on our site.
Although we make reasonable efforts to update the information on our Website, we make no
representations, warranties or guarantees, whether express or implied, that the content on our
Website is accurate, complete or up to date. Your use of the Website is at your own risk and
the neither Company nor its respective directors, officers, employees, agents, service providers,
contractors, licensors, licensees, suppliers or successors have any responsibility or liability
whatsoever for your use of this Website.
This Website 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 person or entity providing those materials. Such materials do not necessarily reflect the
opinion of the Company.
Privacy
By submitting your personal information and using our Website, you consent to the collection,
use, reproduction, hosting, transmission and disclosure of any such user content submissions in
compliance with our Privacy Policy, found on our website as we deem necessary for use of the
Website.
By using this Website you are consenting to the use of cookies which allow a server to recall
previous requests or registration and/or IP addresses to analyze website use patterns. You can
set your browser to notify you before you receive a cookie, giving you the chance to decide
whether to accept it. You can also set your browser to turn off cookies. If you do, however,
some areas of the Website may not function adequately.
Third Party Websites
For your convenience, this Website may provide links or pointers to third-party sites. We make
no representations about any other websites that may be accessed from this Website. If you
choose to access any such sites, you do so at your own risk. We have no control over the
contents of any such third-party sites 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.
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Such links to third-party sites from the Website may include links to certain social media
features that enable you to link or transmit on your own or using certain third-party websites,
certain content from this Website. You may only use these features when they are provided by
us and solely with respect to the content identified.
You may link to our homepage, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it. You must not establish a link in such a way as
to suggest any form of association, approval or endorsement on our part where none exists.
Our Website must not be framed on any other site, nor may you create a link to any part of our
Website other than the homepage. We reserve the right to withdraw linking permission
without notice. The website in which you are linking must comply in all respects with the
Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate
with us in causing any unauthorized framing or linking to immediately stop.
Online Purchases
All orders, purchases or transactions for the sale of goods made using this Website are subject
to the terms and conditions of sale, also incorporated into these Terms and Conditions.
Additional terms and conditions may be applicable to parts or features of this Website and are
hereby incorporated by reference into these Terms and Conditions.
Geographic Restrictions
The owner of the Website is based in Ontario, Canada. We provide this Website for use only by
persons located in Canada. This Website is not intended for use in any jurisdiction where its use
is not permitted. If you access the Website from outside Canada, you do so at your own risk and
you are responsible for compliance with local laws of your jurisdiction.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY
SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE
WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE
WEBSITE 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 ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS,
LICENSEES, SUPPLIERS OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION OR
ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY,
ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT
LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES,
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AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE
PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS REPRESENT OR
WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR
ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR
DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER
DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE
WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT
PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIALOF-
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 COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO
YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL
THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES,
SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT
MISREPRESENTATION, FUNDAMENTAL BREACH, 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 PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW,
ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON,
THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY
WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY
WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold
harmless the Company, its parent, subsidiaries, affiliates, and their respective directors,
officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and
assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs,
expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach
of these Terms and Conditions or your use of the Website, including, but not limited to, your
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User Submissions, third-party sites, any use of the Website’s content, services, and products
other than as expressly authorized in these Terms and Conditions.
Governing Law and Jurisdiction
The Website and these Terms and Conditions will be governed by and construed in accordance
with the laws 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 Ontario
or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and
Conditions will be instituted in the courts of the province of Ontario and/or the Federal Court of
Canada, and each party irrevocably submits 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.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from
these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or
partial exercise of any right, remedy, power or privilege hereunder precludes any other or
further exercise thereof or the exercise of any other right, remedy, power or privilege.
Severability
If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any
jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or
provision of these Terms and Conditions or invalidate or render unenforceable such term or
provision in any other jurisdiction.
Entire Agreement
The Terms and Conditions and, our Privacy Policy, and terms and conditions of sale constitute
the sole and entire agreement between you and Venture X regarding the Website and
supersedes all prior and contemporaneous understandings, agreements, representations and
warranties, both written and oral, regarding such subject matter.
Reporting and Contact
This website is operated by Venture X, 4308 Village Centre Ct, Mississauga, ON L4Z 1S2, Canada.
Should you become aware of misuse of the website including libelous or defamatory conduct,
you must report it to the Company at info@venturexcanada.com. All other feedback,
comments, requests for technical support, and other communications relating to the Website
should be directed to info@venturexcanada.com.
DATE: 03/06/20

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