AVIN Data Index Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY.
IT SIGNIFICANTLY ALTERS YOUR LEGAL RIGHTS AND REMEDIES.
The AVIN Data Index site(the “Site“), which is currently located at www.avindata.ca, is provided solely for informational purposes by MaRS Discovery District (“MaRS“). Your use of the Site is conditional on your acceptance of the terms and conditions of use set forth below(“Agreement“). By visiting or using the Site, or accessing, using, or downloading hyperlinks, messages, information, data, text, software or images, or other content from the Site(collectively the “Site Content“), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by these terms and conditions for each use of and each visit to the Site. If you do not agree to abide by this Agreement, you must not use the Site.
MaRS is using ThinkData Works (“ThinkData“) as a service provider of the Site (the “Solution“). By your use of the Site and the Solution, you are agreeing to ThinkData’s terms of service and privacy policy. You acknowledge and agree that MaRS does not make any warranties about the completeness, reliability, or accuracy of the Solution or any associated services. Furthermore, you acknowledge and agree that under no circumstances will MaRS be held liable for any claims, demands, suits, liabilities, and/or expenses (including all legal fees, expenses, and court costs) arising out of or in connection with the Solution or any associated services, including, but not limited to, your access or use of the Solution or any associated services including but not limited to any issues regarding data or information that you provide in the context of using the the Solution or to ThinkData.
1. Changes
MaRS may, at any time in its sole discretion, add to, remove, modify or otherwise change these terms and conditions, in whole or in part. Changes will be effective when notice of such change is posted at the Site. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of the Site immediately. Your continued use of the Site after any such changes are posted will constitute acceptance of those changes. These terms and conditions apply exclusively to your use of the Site and do not alter the terms or conditions of any other agreement you may have with MaRS.
MaRS may also, at any time in its sole discretion, terminate, change, suspend or discontinue any aspect of the Site without notice to you, including: (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site; (ii) adding, removing or changing any fees or charges for use of the Site or any features thereof; (iii) removing, adding, modifying or otherwise changing any content on the Site. MaRS reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site at any time without notice, but has no duty to do so.
2. Limited Licence
You are granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to display the Site Content on your computer, and to print, download and use the Site Content for informational purposes only and solely for your own personal or internal company use. You must not modify any Site Content. You must include with any display or copy of the Site Content its copyright notice. No other use is permitted.
Without our prior written permission, you must not: (a) resell any Site Content; (b) include any Site Content in or with any product that you create or distribute; (c) copy any Site Content onto any other website.
You agree that you will not use the Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through the Site(including by uploading, posting or otherwise transmitting on the Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the Site’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Site or the Site Content in whole or in part).
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of the Site, and that you will comply with all laws that apply or may apply to your use of or activities on the Site or in respect of the Site Content. MaRS will investigate occurrences which may involve violations of such laws, and may involve, and co–operate with, law enforcement authorities in prosecuting users who are involved in such violations. MaRS reserves the right at all times to disclose any information regarding your usage of the Site as necessary to satisfy any law, regulation or governmental request.
3 Proprietary Rights
The Site and Site Content are protected by Canadian and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the Site or Site Content may be a violation applicable laws.
Certain names, graphics, logos, icons, designs, words, titles and phrases on the Site constitute trade–marks, trade names, trade dress and associated products and services of MaRS or its affiliates (the “Marks“), and are protected in Canada and internationally and their display on the Site does not convey or create any licence or other rights in the Marks. Any use of any of same, in whole or in part, without prior written authorization of MaRS is strictly prohibited.
Other trade–marks, trade names, trade dress and associated products and services mentioned on the Site may be the trademarks of their respective owners. The display of these trade–marks, trade names, trade dress and associated products and services on the Site does not convey or create any licence or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.
4. Linked Sites
The hyperlinks on the Site take you to other websites, over which MaRS has no control.
MaRS is not responsible for the content of any such linked websites. MaRS makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described.
To the extent the Site or the Site Content contains advertisements and promotions which may be targeted to you based on your use of the Site. The format, type and content of the advertising and promotions may change from time to time. You must exercise caution when purchasing goods or services from any third party advertiser or brand that may be promoted on or linked to the Site.
If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
You must not link to the Site or any content on the Site except as explicitly permitted by this section or our policies. Your permission to link to the Site is expressly conditioned upon your compliance with the following restrictions:
- link must resolve to the Site homepage;
- the link must comply with the Site’s other policies regarding content;
- the link and surrounding materials must not deliver any the Site Content in a framed environment, or alter the layout, content, look, or feel of the Site Content;
- the link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and the Site; and
- the link and surrounding materials must not portray the Site, MaRS, the Site Content or the services provided hereunder or by MaRS in a false, misleading, derogatory, defamatory or otherwise offensive manner
The use of the Site and this Agreement does not give you any right to use the MaRS name(s), trade-marks, logos or other intellectual property.
5. Disclaimer
EXCEPT AS OTHERWISE REQUIRED BY LAW, THE SITE AND THE SITE CONTENT ARE PROVIDED“AS IS” AND “AS AVAILABLE”. MUCH OR ALL OF THE SITE CONTENT HAS BEEN PROVIDED BY THIRD PARTIES OVER WHOM MARS HAS NO CONTROL.MARS DISCLAIMS ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE SITE AND THESITECONTENT, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, PERFORMANCE, AVAILABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability and Indemnity
YOU USE THE SITE AND THE SITE CONTENT AT YOUR OWN RISK.EXCEPT AS REQUIRED BY LAW, MARS WILL NOT BE LIABLE FOR ANY LOSS IN CONNECTION TO THE USE OF, OR INABILITY TO USE, THE SITE OR THE SITE CONTENT.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE PREVIOUS SENTENCE, MARS AND SITE CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL,PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER IN CONNECTION WITH THE SITE OR THESITECONTENT.IF, DESPITE THE ABOVE LIMITATIONS, MARSBECOMES LIABLE TO YOU IN RESPECT OF THE SITE, AND/OR THE SITE CONTENT, OR A COMBINATION OF THE FOREGOING, THAT LIABILITY WILL BE LIMITED TO CDN$100, EXCEPT AS OTHERWISE REQUIRED BY LAW.
YOU WILL INDEMNIFY MARS, ITS RELATED ENTITIES AND EACH OF THEIR RESPECTIVE, OFFICERS, DIRECTORS,SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES (COLLECTIVELY, THE “INDEMNITEES“) AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ALL DAMAGES,INJURIES, LIABILITIES, COSTS, EXPENSES AND LEGAL FEES THAT ANY OF THEM MAY INCUR IN CONNECTION WITH: YOUR USE OR ACCESS TO THE SITE OR SITE CONTENT AND/OR YOUR BREACH OF ANY OBLIGATION, REPRESENTATION OR WARRANTY IN THIS AGREEMENT
7. Choice of Law
The Site is controlled, operated and administered by MaRS from within the Province of Ontario, Canada. By accessing the Site, you agree that all matters relating to the access to, or use of, the Site shall be governed by the laws and courts of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
8. General
No delay or failure to act by MaRS regarding any default will impair any of our rights or remedies that are not expressly waived in writing.This Agreement supersedes all prior agreements of the parties regarding the Site, and constitutes the whole agreement with respect to the Site and your access and use of the same. You must not assign or sublicense this Agreement or any of your rights under this Agreement without MaRS’sprior written consent, which may be withheld without cause. MaRS may assign or sublicense this Agreement and any or all of our rights and obligations under it in our sole discretion. This Agreement will enure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns.MaRSwill not be liable for any delay or damage caused as a result of any event beyond its reasonable control; anydelay caused by any such event will not be deemed to be a breach of or failure to perform this Agreement.The parties have expressly agreed that this Agreement and all ancillary agreements, documents or notices relating thereto be drafted solely in the English language.Les parties aux présentes ont expressément convenu que ce accord et toute autre convention, document ou avis y afférent soient rédigés en anglais seulement. In the event that any portion of this Agreement is deemed unenforceable by a court of competent jurisdiction, such portion shall be modified only to the extent deemed unenforceable and all other provisions shall remain legally binding and in full force and effect.