Article 1 – Acceptance of the Website Terms and Conditions of Use
- These terms and conditions for the Services (as defined herein) of https://pathverse.ca, constitute a legal agreement and are entered into by and between Users and Pathverse Inc. (“Pathverse,” “Company,” “we,” “us,” “our“). When we refer to “Administrators”, we are referring to administrators of research and learning who obtain access to the administrator’s portal within the Application. When we refer to “Participants”, we are referring to participants of research and learning who are granted access to the participant’s portal within the Application. When we refer to “you,” “your,” or “Users,” we are referring to all users of the Website and Application, including Administrators and Participants.
- The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions“), govern your access to and use, including any content, functionality, and services offered on or through https://pathverse.ca No-Code App Builder (the “Website“) and the Pathverse app (the “Application”) (collectively, the “Services”). These Terms and Conditions shall commence when you first visit https://pathverse.ca or use any feature of the Services and shall apply to all of your subsequent visits and uses.
1.4 By using the Website or Application, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian. If you do not meet all of these requirements, you must not access or use the Website.
Article 2 – Modifications to the Terms and Conditions and to the Website
2.1 We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Services. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
2.2 The information and material on this Website, and the Application, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website or Application is restricted to users or unavailable at any time or for any period
Article 3 – Your Use of the Services and Account Set-Up and Security
3.1 The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or Application.
3.2 The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Services. Users are required to ensure that all persons who access the Services through a User’s internet connection are aware of these Terms and Conditions and comply with them. The Services, including access to studies, modules, or cards or areas of the Application, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is true, accurate, current, and complete.
3.4 Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
3.5 We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions. Users acknowledge that Pathverse will not verify Participants.
3.6 You are prohibited from attempting to circumvent and from violating the security of the Services, 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 Administrators, Participants, the Company, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Pathverse’s ability to monitor the Services; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website or Application; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website or Application via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website or Application.
3.7 As a condition of an Administrators access and use, before submitting an approved Study Ethics document from a qualified Research Ethics Board to the Company, Administrators are enabled to enroll only one Participant into their study to test functionality of the Services.
Article 4 – Pricing, Payment
4.1 Subject to these Terms and Conditions, the Services are provided to you for free up to certain limits and with limited features (“Trial Version”). Usage over these limits or access to certain features requires you to purchase a subscription (“Subscription”). The Trial Version offers Administrators access to develop one study including and limited to 10 modules and up to 50 Participants. Should you desire to upgrade your Subscription, you may initiate this change through your account settings within the Services.
4.2 When you purchase a Subscription (such purchase, a “Transaction”) you expressly authorize us (or our third party service providers) to charge you for such Transaction. When you initiate a Transaction, you authorize us to provide your payment information to our third party service providers so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction. You represent and warrant that you have the legal right to use all payment method(s) represented by any such payment information.
Article 5 – Termination
5.1 For the Trial Version, the term of the Users subscription will continue until: (i) the trial period has ended by the Administrator purchasing a Subscription, (ii) Client terminates its account with Pathverse, or (iii) until this agreement is otherwise terminated, whichever is earlier.
5.2 For the Subscription, the term of the Users subscription will continue until: (i) the Subscription is cancelled, (ii) Client terminates its account with Pathverse; or (iii) until this agreement is otherwise terminated, whichever is earlier.
5.3 Pathverse may terminate the agreement between the Parties with immediate effect at any time and without reason.
5.3 Upon request from the respective Administrator or Participant, Pathverse is entitled to delete or destroy all copies of Administrator or Participant Data, unless agreed to otherwise in writing.
Article 6 – Modifications to Service
6.1 Pathverse reserves the right to modify or discontinue, temporarily or permanently, the Service, or any part thereof, including, but not limited to, self-monitoring tools and the functioning of modules and cards within the Application with or without notice. Users agree that Pathverse will not be liable to you or any third party for modifying, suspending, or discontinuing the Service.
6.2 Pathverse reserves the right to delete applications without any Administrator activity. Such applications are considered stalled and are removed to preserve system resources.
Article 7 – Intellectual Property Rights and Ownership
Service Content, Application Software, Trademark
7.1 Users acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Pathverse, Users agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own Administrator Content and Participant Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
7.2 The technology and software underlying the Service or distributed in connection therewith is the property of Pathverse, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Pathverse.
7.3 The Company name, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are, registered or unregistered, trademarks of the Company or its affiliates or licensors (collectively, the “Pathverse Trademarks”). Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Pathverse Trademarks displayed on the Service, without our prior written permission in each instance. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. All goodwill generated from the use of the Pathverse Trademarks will inure to our exclusive benefit. You agree that Pathverse may list your company or organization name (including by displaying any company or organization trademark) and identify the business relationship between the parties on the Pathverse website and in other marketing and advertising material.
7.4 As between the Administrator and Pathverse, you own your Administrator Content. For purposes of these Terms and Conditions, “Administrator Content” means text, graphics, designs, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services (including without limitation, the specific configurations of the study, modules, or cards). Pathverse shall not acquire any intellectual property ownership in the Administrator Content that you make available through the Services including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded on the Application. Pathverse is not responsible or liable for the Administrator Content and the consequences of uploading the Administrator Content and for sharing the Administrator Content by granting access to the Services. Pathverse does not endorse the Administrator Content or any advice, suggestion or opinion expressed in the Administrator Content. You are solely responsible for all your Administrator Content. You represent and warrant that you own all your Administrator Content or you have all rights that are necessary to grant us the license rights in your Administrator Content under these Terms.
7.5 Pathverse will have the right, but not the obligation, in their sole discretion to refuse or remove any Administrator Content that is created, posted, made available, linked to, or uploaded via the Application. However, you acknowledge that Pathverse does not pre-screen Administrator Content on the Application. Without limiting the foregoing, Patheverse will have the right to remove any Administrator Content that violates these Terms and Conditions or is deemed to be objectionable by Pathverse, in its sole discretion.
7.6 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Pathverse are non-confidential and Pathverse will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that Pathverse may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Pathverse, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7.7 For purposes of these Terms and Conditions, “Participant Submissions” means text, graphics, designs, images, audio, video, works of authorship of any kind, health information (including, but not limited to, active minutes, steps, blood sugar levels, weight, waist circumference, and blood pressure) and information or other materials that are posted, recorded, provided or otherwise submitted through cards and modules through the Services. The Services may contain Interactive Functions allowing Participant Submissions on or through the Services. None of the Participant Submissions you submit to the Website will be subject to any confidentiality by the Company. Confidentiality between the Administrator and Participant will be governed by the terms of the approved study ethics from a Research Ethics Board.
7.8 Pathverse shall not acquire any intellectual property ownership in the Participant Submissions that you make available through the Services including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded on the Application.
7.9 Pathverse will have the right, but not the obligation, in their sole discretion to refuse or remove any Participant Submissions that is created, posted, made available, linked to, or uploaded via the Application. However, you acknowledge that Pathverse does not pre-screen Participant Submissions on the Application. Without limiting the foregoing, Patheverse will have the right to remove any Participant Submissions that violates these Terms and Conditions or is deemed to be objectionable by Pathverse, in its sole discretion.
7.10 Participants acknowledge and agree that all Participant Submissions and information or other materials that are posted, recorded, provided or otherwise submitted through studies and modules through the Services to an Administrator shall be considered owned by the Administrator. Participants acknowledge that Administrators will have access to download Participant’s Submissions and other information including, but not limited to, usage data and survey data.
7.11 You represent and warrant that all Participant Submissions comply with applicable laws and regulations and Terms and Conditions. You understand and agree that you, not the Company, nor Company’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any Participant Submissions you submit or contribute to an Administrator, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any Participant Submissions submitted by you or any other user of the Website or Application.
7.12 Subject to these Terms and Conditions, Pathverse grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to: (i) access and use the functionality of the Service to build, host and manage research and learning studies that may be made available to registered participants from the general public. The license granted in this Section 7.10 includes the right to access, use, and make a reasonable number of copies of any written descriptions of the functionality, technical requirements, or use of the Services (collectively, “Documentation”), and (b) use any changes to the Services made available to Administrators or Participants, respectively, at no additional cost (each, an “Update”) when each Update is made available.
7.13 Except as explicitly permitted in these Terms and Conditions, you may not, directly or indirectly: (i) modify or create derivative works of the Services; (ii) decompile, reverse engineer, or translate any portion of the Services into human-readable form (except to the extent expressly allowed by applicable law); (iii) rent, lease, share, distribute, or sell the Services to any third party; (iv) remove, alter or deface proprietary notices or marks in the Services or Documentation; (v) disclose the results of testing or benchmarking of the Services; (vi) circumvent or disable the Services’ security, copyright protection, or license management mechanisms, (vii) interfere with the Services’ operation; (viii) use the Services to violate the law or the rights of any third party; or (ix) attempt to do any of the foregoing. Pathverse may take any actions it deems reasonable, including denying access to Users, suspending a study, or terminating your subscription for any breach of this Section 7.10.
7.14 By uploading and/or configuring any Administrator Content you hereby grant and will grant Pathverse a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your Administrator Content solely in connection with the operation of the Service, in any form, medium or technology now known or later developed. Further, by creating Administrator Content through use of the Service, you grant and will grant Pathverse and its affiliated companies a worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Administrator Content for the sole purpose of enabling Pathverse to provide you with the Service.
7.15 By providing any Participant Submission to the Services, Participants grant Pathverse and the Administrators the right to a world-wide, royalty free, perpetual, revocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose to incorporate such material into any form, medium or technology throughout the world without compensation to the Participant. Participants further waive any moral rights or other rights of authorship as a condition of submitting any Participant Submission.
7.16 Pathverse respects the intellectual property of others, so if you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Pathverse of your infringement claim. A notification of claimed copyright infringement should be emailed to Pathverse’s at firstname.lastname@example.org.
Article 8 – Conditions of Use and User Submissions and Site Content Standards
8.1 As a condition of your access and use, you agree that you may use the Services only for lawful purposes and in accordance with these Terms and Conditions.
8.2 The following content standards apply to any and all content, material, and information a User submits, posts, publishes, displays, or transmits (collectively, “submit“) to the Website, to the Application, to other Users, persons, or Participants (collectively, “User Submissions“) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
8.3 Without limiting the foregoing, you warrant and agree that your use of the Services and any User Submissions shall not:
- Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company’s sole discretion;
- Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
- Involve, provide, or contribute any false, inaccurate, or misleading information;
- Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the User Submissions and/or these Terms and Conditions;
- Impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
- Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
- Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Application, or which, as determined by us, may harm the Company or Users of the Website and/or Application or expose them to liability;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Create more than one application in the Free Trial with substantially the same database structure and/or substantially the same study, module, or card structure. This restriction does not apply if your applications are on a paid plan;
- Use machine-generated user identities;
- Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
- Rent, lease, share, distribute, sell or offer to sell, User Submissions or Participant’s personal information to any third party.
Article 9 – Site Monitoring and Enforcement, Suspension, and Termination
9.1 Company has the right, without provision of notice to:
- Remove or refuse to post on the Website or the Application any User Submissions for any or no reason in our sole discretion;
- At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website or Application and User Submissions or Terms and Conditions;
- Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website or Application. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or Application;
- Terminate or suspend your access to all or part of the Website or Application for any or no reason, including, without limitation, any violation of these Terms and Conditions;
9.2 HOLD HARMLESS THE COMPANY AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES;
9.3 We have no obligation, nor any responsibility to any party to monitor the Services or its use, and do not and cannot undertake to review material that Users submit to the Website or the Application. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party, subject to applicable laws;
Article 10 – No Reliance
10.1 The content on in our Application is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Services.
10.2 Although we make reasonable efforts to update the information on our Website and Application, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the Company its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, or successors has any responsibility or liability whatsoever for your use of the Services.
10.3 The Service may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, or successors has any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Article 11 – Support Policy
11.1 Pathverse shall provide technical support for the Services to Administrators within 24 hours of an Administrator request for support. Upon investigating the support request, if Pathverse determines that the cause of the request for support is related to a software bug, Pathverse shall make best efforts to engage in debugging the software immediately. Pathverse makes no representations as to the functionality of the Services or length of time required to debug the Services.
11.2 By using the Services, Users acknowledge and agree that technical support for Participants shall be attended to by Administrators to the extent that such support does not include resolving software bugs.
Article 12 – Privacy
Article 13 – Third-Party Websites
13.1 For your convenience, the Service may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website or Application. Such links to third-party sites from the Services may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website or Application. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
13.2 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Services must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with this Terms and Conditions. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
Article 14 – Geographic Restrictions
14.1 The owner of the Services is based in British Columbia, Canada. We provide the Services for use by persons located worldwide. The Services are not intended for use in any jurisdiction where its use is not permitted. If you access the Website or Application from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
Article 15 – Disclaimer of Warranties
15.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15.2 NEITHER THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE, THE APPLICATION, OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, THE APPLICATION, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, THE APPLICATION, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15.3 WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE, THE APPLICATION, WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE, THE APPLICATION, AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THE APPLICATION, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE, THE APPLICATION, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Article 16 – Limitation on Liability
16.1 EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, THE APPLICATION, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, APPLICATION CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
Article 17 – Indemnification
17.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its respective directors, officers, employees, agents, service providers, contractors, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Services, including, but not limited to, your User Submissions, Administrator Content, Participant Submissions, third-party sites, any use of the Website or Application’s content, services, and products other than as expressly authorized in these Terms and Conditions.
Article 18 – Governing Law and Choice of Forum
18.1 The Services and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule of any other jurisdiction and notwithstanding your domicile, residence, or physical location.
18.2 Any action or proceeding arising out of or relating to the Services and under these Terms and Conditions will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Article 19 – Waiver
19.1 Except as otherwise set forth in this Terms and Conditions, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and 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.
Article 20 – Severability
20.1 If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Article 21 – Entire Agreement
Article 22 – Reporting and Contact
This website is operated by Pathverse Inc. email@example.com.
Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at firstname.lastname@example.org.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to email@example.com.