Skrumble Technologies Inc. grants you a limited license to access and make personal, non-commercial use of our website (the “Site”) and the content displayed on it. Any other redistribution, retransmission, copying, or publication of any content from this Site is strictly prohibited without the express written consent of Skrumble Technologies Inc. Our grant of this limited license does not include, without limitation: (1) any right of resale or commercial use of the Site or any of its content; (2) the collection and use of any service or product listings or descriptions; (3) making derivative uses of the Site or any of its contents; or (4) use of any data mining, “spiders,” “robots,” “wanderers,” or similar data gathering and extraction methods; (5) any access, or attempt to access, any materials or information on this Site through any means not purposely made available by Skrumble Technologies Inc., including but not limited to bypassing the navigational structure of the Site.
Except as noted above, Skrumble Technologies Inc. does not grant to you any right or license by implication, estoppel, or otherwise in or under any copyright, trademark, service mark, registered trademark, or proprietary right of Skrumble Technologies Inc. or any third party. See the Copyright and Trademarks and Service Marks sections below for further information.
Skrumble Technologies Inc. may update these terms (the “Agreement”) from time to time. All elements in this Agreement are subject to amendment from time to time. The intervals in which Skrumble Technologies Inc. may propose an amendment is monthly. The amendment proposal will be provided to you at least thirty (30) days but no more than ninety (90) days before the date on which the amendment shall take effect. Upon such amendment, you have the option of either terminating this Agreement or retaining the existing agreement unchanged. Your continued use of the Site after changes have been posted constitutes agreement to the updated terms and conditions.
Because the Site serves a number of functions, including registration for and access to Skrumble Technologies Inc. Services, your use of the Site also may be governed by other agreements; the terms of those agreements are in addition to the terms set forth herein. In the event that Site terms contradict terms set forth in a specific Skrumble Technologies Inc. Service agreement, the Service agreement shall control.
All content, copyrighted materials, and copyrightable materials on this Site, including, without limitation, the Skrumble Technologies Inc.® affiliate logos, designs, text, graphics, pictures, sound files and other files, page layouts, and the selection and arrangement thereof (“Materials”) are Copyright © 2016 Skrumble Technologies Inc. and/or its affiliates ALL RIGHTS RESERVED. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Skrumble Technologies Inc. or affiliated copyright owner. Skrumble Technologies Inc. and its affiliates grant you permission to display, copy, distribute, and download the Materials on this Site for personal, non-commercial, and informational use only, provided that you may not, without the permission of Skrumble Technologies Inc. or its affiliated copyright owner (1) copy, publish, or post any Materials on any computer network or broadcast or publications media, (2) modify the Materials, or (3) remove or alter any copyright and other proprietary notices contained in the Materials.
Trademarks and Service Marks
All marks and logos featured in this Web site—including, but not limited to, Skrumble Technologies Inc.®, – are either trademarks, service marks, or registered trademarks of Skrumble Technologies Inc. or its affiliates. These trademarks, service marks, and registered trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Skrumble Technologies Inc. or its affiliates. All page headers, Skrumble Technologies Inc. and Skrumble Technologies Inc..com custom graphics, buttons, icons, and scripts are either trademarks, service marks, and/or trade dress of Skrumble Technologies Inc. or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Skrumble Technologies Inc. or its affiliates. Skrumble Technologies Inc. and Skrumble Technologies Inc. affiliate trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Skrumble Technologies Inc. or its affiliates.
All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Skrumble Technologies Inc..
Framing and Linking
You may not frame, enclose, or otherwise use any Skrumble Technologies Inc. or Skrumble Technologies Inc. affiliate trademark, logo, design, image, page layout, or other proprietary information displayed on this Site without the prior written permission of Skrumble Technologies Inc. or its affiliates. See the Copy Right and Trade Mark sections above for further information. Subject to the restrictions in this Agreement, including without limitation those in the Limited License section above, Skrumble Technologies Inc. grants to you a limited, nonexclusive right to create a hypertext link (“link”) to the home page of this Site so long as your link does not portray Skrumble Technologies Inc. or any of its Services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use a Skrumble Technologies Inc. design, logo, or other proprietary graphic, trademark, or registered trademark to link to this Site without the express written permission of Skrumble Technologies Inc.
Skrumble Technologies Inc. makes no representation that materials on its Site(s) are appropriate or available for use in locations outside Canada and continental United States, and accessing them from territories where their contents are illegal is prohibited. You agree to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to Canada or the country in which you reside.
Digital Millennium Copyright Act
One or more Skrumble Technologies Inc. Services may allow third parties to upload, transmit, send, or receive copyrighted materials. Skrumble Technologies Inc. is under no obligation to, and does not, review such materials for purposes of determining copyright infringement. However, except where prohibited by law, Skrumble Technologies Inc. reserves the right to terminate access to its Services if a user infringes on others’ copyrights, and will, in appropriate circumstances, terminate access to the Services if a user is or is determined by Skrumble Technologies Inc. to be a repeat infringer.
All claims of copyright infringement for any material believed to reside on Skrumble Technologies Inc.’s Services should be provided in writing to Skrumble Technologies Inc.’s designated agent. Any notice of claimed infringement must include all, or substantially all, of the following information:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Skrumble Technologies Inc. to locate the material.
4) Information reasonably sufficient to permit Skrumble Technologies Inc. to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Governing Law, Venue and Dispute Resolution
The laws of the Province of Ontario, Canada excluding its conflicts-of-law rules, govern this Agreement and your use of the Skrumble Technologies Inc. Services. You agree that any disputes between you and Skrumble Technologies Inc. shall be adjudicated in the city of Toronto, Province of Ontario, Canada. You hereby consent to venue and personal jurisdiction in such courts with respect to such claims or disputes and irrevocably waive any right that such party may have to assert that such forum is not convenient or that any such court lacks jurisdiction. Some jurisdictions do not allow governing law provisions, so certain of the foregoing governing law provisions may not apply to you.
Notwithstanding the adjudication requirement above, for any dispute involving $10,000 or less, the party requesting relief may choose to resolve the dispute through binding, non-appearance-based arbitration (i.e., arbitration conducted online, through written filings, and/or via teleconference). Such arbitration shall be conducted through an established alternative dispute resolution service mutually agreed on by the parties, and any judgment rendered by the arbitrator may be entered in any court having jurisdiction. Some jurisdictions do not allow arbitration provisions, so certain of the foregoing arbitration provisions may not apply to you.
If any portion of these terms and conditions is determined to be unenforceable under applicable law, that portion shall be construed as nearly as possible to reflect the original intentions of the parties. All remaining terms set forth herein shall continue to have full force and effect.
Disclaimers and Limitation of Liability
ACCESS TO THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND SKRUMBLE TECHNOLOGIES INC. DOES NOT GUARANTEE THAT THE SITE WILL BE ACCURATE, COMPLETE, OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. SKRUMBLE TECHNOLOGIES INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF CANADA OR ANY PROVINCE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKRUMBLE TECHNOLOGIES INC., ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SKRUMBLE TECHNOLOGIES INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
The provisions of the Disclaimers and Limitation of Liability section above are for the benefit of Skrumble Technologies Inc. and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Enforceability and Admissibility
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a “writing” or “in writing” and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Waiver, Modification, and Assignment
Any failure by Skrumble Technologies Inc. to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right thereof. Neither the course of conduct between Skrumble Technologies Inc. and a user of this Site nor trade practice shall act to modify any provision of this Agreement. Skrumble Technologies Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Skrumble Technologies Inc., Inc.
Attn: General Counsel
Suite 402, 890 Yonge Street
Ontario, Canada M4W 3P4