Terms of Use
Last Updated: November 1st, 2020
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
These website terms and conditions of use (“Terms of Use”) for www.fraction.com (the “Site”), constitute a legal agreement and are entered into by and between you and Fraction Technologies Inc (“Fraction”, the “Company”, “we”, “us”, “our”). These Terms of Use govern your access to and use of any content, functionality, or services offered on or through the Site.By accessing and using the Site, you agree to be bound by and to comply with these Terms of Use. Please read them carefully. If you do not agree with these Terms of Use, you must not access the Site.
Eligibility
The Site is intended solely for persons who are at or over the age of majority in their jurisdiction of residence. Any access to or use of the Site by anyone under the age of majority is prohibited. By accessing or using the Site, you represent and warrant that you are at or over the age of majority in your jurisdiction of residence.
Intellectual property and ownership
You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to all information, software, code, text, graphics, photographs, video, and audio (collectively, the “Content”) are owned by Fraction, its affiliates, or third-party licensors. The Content is protected by Canadian, U.S., and international intellectual property laws.You may download or print the Content on the site, in whole or in part, for your own non-commercial purposes, provided that you agree to maintain any and all copyright or other proprietary notices contained in such Content, and that you attribute ownership of such Content to Fraction as applicable. However, you may not otherwise use, modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any of the Content without the express prior written consent of Fraction. To obtain written consent, please contact us at [email protected]
Security
You are prohibited from attempting to circumvent and from violating the security of this Site, 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 the TCP/IP packet header; (e) disrupting network services and otherwise disrupting Fraction’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Site 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 Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mail-bombing, or crashing; or (i) otherwise attempting to interfere with the proper working of the Site.
No reliance
The content on our Site is provided for general information purposes only. It is not intended to amount to advice on which you should you relay. You must obtain professional advice before taking any action on the basis of the Content on our Site. Although we make reasonable efforts to update the Content on our Site, we make no representations, warranties, or guarantees that the Content on our Site is accurate, complete, or up to date. We take no responsibility for errors or omissions in the Content of this Site. We reserve the right to correct, change or update the Content at any time, without prior notice.
Electronic contracting
You hereby agree to the exchange of information and documents between you and us over the Internet or by email, and that these Terms of Use in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer and limitation of liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUÉBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.THIS SITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FRACTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Fraction, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your use of the Site, connection thereto, or any alleged violation by you of these Terms of Use.
Changes and termination
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Further, we reserve the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Site. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the top of this document. Continued use of the Site after any such changes shall constitute your agreement to be bound by such changes, with continued provision of the use of the Site constituting consideration from Fraction to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Site, or (3) any Content available through the Site, is to stop visiting and using the Site.
Governing law and choice of forum
Unless the applicable laws of your jurisdiction require that the laws of such jurisdiction govern, these Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario.
Severability
If any provision of the present Terms of Use shall be found unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and any and all other legal notices or statements posted on the Site, including the Privacy Statement, constitute the entire agreement between you and Fraction with respect to the use of the Site, including the Content.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Use 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.
Entire agreement
These Terms of Use constitute the sole and entire agreement between you and Fraction regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Notice
Notices to you may be made via email or regular mail or, in cases of changes to these Terms of Use, by posting notices or links to such notices on the Site itself. If you have any questions or comments regarding these Terms of Use please contact us at [email protected]