In these Terms, “Content” refers to all materials and content, including designs, editorial, text, graphics, logos, button icons, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work with respect to the Site and any and all integrations with our web portal and that site’s entire contents, features and functionality (including but not limited to all information, software, text, displays, images, and the design, selection and arrangement thereof).
By accessing or using the Site, you expressly represent that you are legally competent to enter into this agreement and agree to be bound by these Terms. If you are using the Site on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS, AND INDEMNITIES. ADDITIONALLY, NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME EXCEPTIONS, REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. PLEASE CAREFULLY REVIEW THE “DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE” SECTION BELOW FOR MORE DETAILS.
Your use of the Site is subject to these Terms. If you are not willing to be bound by every term and condition, or if any representation made by you herein is not true, you may not use, and must immediately cease accessing, the Site. If these Terms are not enforceable where you are located, you may not use the Site.
Tacit reserves the right to modify, update, or replace these Terms at any time, without prior notice. We will use reasonable efforts to publish each amendment before it becomes effective. Tacit may revise these Terms at any time without. The revised Terms will be effective when posted. Your continued use of the Site after any modifications to these Terms constitutes acceptance of those changes. We shall have the right to immediately terminate these Terms with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms.
The Site and its contents, including but not limited to text, graphics, logos, images, software, and any other materials, are the property of Tacit and are protected by intellectual property laws. You may not reproduce, distribute, modify, display, perform, transmit, or otherwise use any materials on the Site without our prior written consent.
Subject to these Terms, we grant you permission to access the Site under a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Site, provided that with respect to any materials obtained from the Site, you may not:
All rights not expressly granted to you are reserved by us and, if applicable, our licensors. For greater clarity, you are permitted to refer to the Site through email, social media, or other similar methods, provided that you do not imply any affiliation between you and us, or you and the Site, or portray us or the Site in a false, misleading, derogatory, or otherwise defamatory manner. This license is available to you as long as you are not barred from the Site by applicable law and your access is not terminated by us.
Tacit may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that Tacit may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. Tacit may terminate or limit your access to or use of the Site if Tacit determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that Tacit shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have Shared.
The Site may contain links to third-party websites or resources that are not owned or controlled by us. Tacit has no control over such websites or resources and are not responsible for their availability, content, or accuracy. The inclusion of any third-party links does not imply our endorsement or association with the linked websites. You acknowledge and agree that Tacit shall not be liable for any damages or losses arising from your use of any third-party websites or resources.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TACIT DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE TO USE THE SITE AT YOUR OWN RISK.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THESE TERMS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
These Terms shall be governed by and construed in accordance with Canadian federal law or the laws of the Province of Ontario without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the courts of Ontario, and you consent to the personal jurisdiction and venue of such courts.
The failure of Tacit to exercise or enforce any rights or provisions in these Terms shall not constitute a waiver of such right or provision. If any part or provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms constitute the entire agreement between you and our company regarding the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Tacit.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms.