POLYSEAM DATA CORP. WEBSITE TERMS OF USE
LAST UPDATED: September 19th, 2022
1. OVERVIEW
These Terms of Use form a legally binding contract between POLYSEAM DATA CORP. ("we"
or "us") and the people and companies (“Users” or “you”) that access and use our website
located at cndi.run or any related website or mobile platform controlled by us
(collectively, the "Website"). These Terms of Use apply to all services provided through our
Website and any other software application we operate, and all content, services, and
products available at or through the Website.
It is very important that you read and fully understand these Terms of Use before using
the Website. By agreeing to these Terms of Use and using the Website, you are entering
into a legally binding contract which will impact your rights.
By accessing any part of the Website, you agree to be bound by these Terms of Use. You
are also confirming that you have read and fully understood these Terms of Use. If you do
not agree to or understand all of these Terms of Use, then you may not access the Website
or use any services available on the Website.
These Terms of Use should be read in conjunction with the Privacy Policy and any other
rules, guidelines, or policies posted on the Website.
2. SERVICES AVAILABLE ON THE WEBSITE
Without restriction, we generally offer the following services through the Website:
1. Provide information about the products
2. Connect with users of the products
The services we offer are subject to change over time. By using the Website, you are
confirming that you have determined that the services are appropriate for your needs. We
do not guarantee that these services meet your needs or that they are suitable for your
specific purposes.
3. OWNERSHIP OF YOUR FILES
When you choose to upload documents or data (including any images or text), POLYSEAM DATA CORP. does not review or pre-screen the contents of electronic data uploaded or posted to the Website (“Content”) and Polyseam Data Corp. claims no intellectual property rights with respect to the Content.
You grant to POLYSEAM DATA CORP. a non-exclusive, royalty-free right during your use of
the Website, to use the Content for the sole purpose of performing POLYSEAM DATA
CORP.’s obligations under these Terms of Use. Such rights shall include permission for
POLYSEAM DATA CORP. to generate and publish aggregate, anonymized reports on system
usage and Content trends.
4. TERMINATION
You may cancel these Terms of Use at any time by discontinuing your use of the Website.
5. LIMITATION OF LIABILITY
Except in a case where we are in violation of these Terms of Use, we will not be held liable
for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability or
damages of any kind resulting in any way from use of the Website.
Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as
available” basis without any warranty or condition, express, implied or statutory. We do
not warrant that your use of the Website will be uninterrupted, secure or error-free.
In no event will we have any liability to you or any third party for any lost profits or
revenues or for any indirect, special, incidental, consequential, or punitive damages
however caused, whether in contract, tort, or otherwise, and whether or not you or the
third party have been advised of the possibility of such damages. In the event the
foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or
such part thereof, shall be inapplicable.
6. INDEMNIFICATION
You agree to indemnify and hold harmless POLYSEAM DATA CORP., including our officers,
directors, shareholders, employees and agents, from and against any and all claims and
expenses, including legal fees and disbursements, which are made against us and arise out of your use of the Website, including but not limited to your violation of any term of these
Terms of Use or any other policy posted on the Website.
7. SECURITY BREACHES
In order to protect your security, it is your sole responsibility to ensure that all usernames
and passwords used to access the Website are kept secure and confidential.
You must immediately notify us of any unauthorized use of your account, including the
unauthorized use of your password, or any other breach of security.
We will investigate any breach of security on the Website that we determine in our sole
discretion to be serious in nature, but we will not be held responsible or liable in any
manner for breaches of security or any unauthorized access to your account however
arising.
8. WARRANTIES AND REPRESENTATIONS
We hereby disclaim all warranties of any kind, whether express, implied, or statutory,
including but not limited to implied warranties as to merchantability or fitness for a
particular purpose as they relate to the Website.
9. COMPLIANCE WITH LAWS
You represent and warrant that:
i. You have the authority to bind yourself to these Terms of Use;
ii. Your use of the Website will be solely for purposes that are permitted by these Terms
of Use;
iii. Your use of the Website will not infringe or misappropriate the confidentiality or
intellectual property rights of any User or third party; and
iv. Your use of the Website will comply with all local, provincial and federal laws, rules
and regulations, and with all policies posted on the Website.
You must only use the Website for your own lawful purposes, in accordance with these Terms of Use and any notice, policy or condition posted on the Website. You may use the
Website on behalf of others or in order to provide services to others but if you do so you
must ensure that you are authorized to do so and that all persons for whom or to whom
services are provided comply with and accept all these Terms of Use.
10. AGE RESTRICTIONS
Users Must be Over the Age of 18. You represent and confirm that you are over the age
of 18. We do not target, market, or promote the Website to those under 18. We do not
permit any User under the age of 18 to use the Website.
11. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use and any access to or use of the Website shall be governed by, and
construed in accordance with, the laws in force in the Province of Ontario.
If any claim, dispute or controversy occurs between POLYSEAM DATA CORP. and a User
relating to the interpretation or implementation of any of the provisions of these Terms of
Use, such dispute shall be resolved by private, confidential and binding arbitration. Such
arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by
agreement of the parties or, in the absence of an agreement, such arbitrator shall be
appointed by a judge upon the application of either the User or POLYSEAM DATA CORP.
Arbitration shall be held in the Province of Ontario, unless otherwise agreed by the
parties. The arbitration procedure to be followed shall be agreed by the parties or, in
absence of an agreement, determined by the arbitrator. The arbitration shall proceed in
accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any
right of appeal, the decision arrived at by the arbitrator shall be final and binding.
Judgment upon the award rendered by the arbitrator may be entered in any court having
jurisdiction.
12. WAIVER OF CLASS ACTION
By using the Website, you agree to resolve any claim or dispute arising between you and
us on an individual basis, rather than addressing such claim or dispute as part of a group
or class. You hereby waive any right you may have to commence or participate in any class
action lawsuit commenced against POLYSEAM DATA CORP. or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you
hereby agree to opt out of any class proceeding against POLYSEAM DATA CORP. otherwise
commenced.
The above waiver shall not apply to claims or disputes arising under consumer protection
legislation or any other claim or dispute where a waiver of class action lawsuits is
unenforceable at law.
13. GENERAL TERMS
a. AMENDING THESE TERMS OF USE
These Terms of Use may be updated and amended from time to time. We reserve the
right to change these Terms of Use at any time, and any amended Terms of Use are
effective upon posting to the Website. We will make efforts to communicate any
changes to these Terms of Use we deem material, in our sole discretion, via email or
notifications on the Website. Your continued use of the Website will be deemed to be
immediate and unconditional acceptance of any amended Terms of Use, whether or
not we deemed the amendments to be material.
b. ASSIGNMENT
We may assign or delegate these Terms of Use, in whole or in part, to any person or
entity at any time with or without your consent and without prior notice to you.
Users may not assign or delegate any rights or obligations under these Terms of Use,
without our prior written consent, and any unauthorized assignment and delegation is
void.
c. NO WAIVER
No waiver of a provision, right or remedy of this Agreement shall operate as a waiver
of any other provision, right or remedy or the same provision, right or remedy on a
future occasion.
d. NO AGENCY
The parties to these Terms of Use are independent contractors and are not
partners or agents. POLYSEAM DATA CORP. has no fiduciary obligations or professional
obligations whatsoever to you arising from these Terms of Use or your use of the
Website.
e. SEVERABILITY
In the event that any provision or part of this Agreement is found to be void or invalid
by a court of law, the remaining provisions, or parts thereof, shall be and remain in
full force and effect.
f. ENTIRE AGREEMENT
These Terms of Use, in conjunction with all policies and guidelines available on the
Website (including but not limited to any Privacy Policy), incorporated by reference,
constitute the entire agreement between you and POLYSEAM DATA CORP. and
supersede all prior communications, agreements and understandings, written or oral,
with respect to the subject matter of these Terms of Use.
14. QUESTIONS ON THESE TERMS OF USE
We welcome you to contact us with any questions on these Terms of Use. You can send
your questions regarding these Terms of Use to the following email address:
info@polyseam.io
15. CONFIRMATION OF AGREEMENT TO TERMS OF USE
BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY
POLICIES AND NOTICES POSTED ON THE WEBSITE.