Terms & Conditions
Legal disclaimers - IScapital Limited
TERMS AND CONDITIONS OF WEB SITE USE
WE THANK YOU FOR YOUR INTEREST IN THE ISCAPITAL LIMITED WEB SITE (THE "ISCAPITAL SITE"). PLEASE READ THESE TERMS AND CONDITIONS OF WEB SITE USE (THE "TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE "ISCAPITAL SITE". BY USING THE ISCAPITAL SITE, YOU AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE ISCAPITAL SITE. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY THE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED USE OF THE ISCAPITAL SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.
1. Rights in ISCAPITAL Site and Content
1.1 The ISCAPITAL Site and all content provided on the ISCAPITAL Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by ISCAPITAL and/or its affiliates and related companies. Nothing contained on the ISCAPITAL Site should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos, or other names, including, but not limited to, those identifying ISCAPITAL and/or its affiliates and related companies or their respective products and services displayed on the ISCAPITAL Site, without the expressed written consent of ISCAPITAL or such third party that may own such trademarks, logos and other names displayed on the ISCAPITAL Site.
2. Use of ISCAPITAL Site and Content
2.1 No information or material from the ISCAPITAL Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials on any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any ownership rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on the ISCAPITAL Site and any content accessed through the ISCAPITAL Site. You are hereby advised that ISCAPITAL will aggressively enforce its intellectual property rights to the fullest extent permitted by law.
2.2 You will use the ISCAPITAL Site and any content, material, or information found on the ISCAPITAL Site solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the ISCAPITAL Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the ISCAPITAL Site. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through the ISCAPITAL Site.
2.3 ISCAPITAL has no obligation to, and does not and cannot review, every item of material or information that you and users other than yourself make available through the ISCAPITAL Site, and ISCAPITAL is not responsible for any of this material or information. However, ISCAPITAL reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you, that it deems in its sole discretion, unacceptable, undesirable or in violation of any law.
2.4 You hereby grant to ISCAPITAL a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sub-license any and all material or information submitted by you to the ISCAPITAL Site and/or to incorporate it in other works regardless of form, medium or technology.
3. Disclaimer of Warranties & Limitation of Liability
3.1 THE INFORMATION CONTAINED ON THE ISCAPITAL SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED TO MEET ANY PARTICULAR USER'S NEED. DOCUMENTS PROVIDED ON THE ISCAPITAL SITE ARE PROVIDED AS A SERVICE ONLY, AND DO NOT CONSTITUTE OFFICIAL VERSIONS OF SUCH DOCUMENTS. THE ISCAPITAL SITE, AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH THE ISCAPITAL SITE, ARE PROVIDED ON AN "AS IS" BASIS. ISCAPITAL, ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE ISCAPITAL SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE ISCAPITAL SITE. NEITHER ISCAPITAL NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF THE ISCAPITAL SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE ISCAPITAL SITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, OR POSTING FOUND ON THE ISCAPITAL SITE (INCLUDING, BUT NOT LIMITED TO, ANY PRESS RELEASES OR FINANCIAL INFORMATION), ANY SERVICES PROVIDED THROUGH THE ISCAPITAL SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE ISCAPITAL SITE OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE INTERNET OR THE ISCAPITAL SITE. NEITHER ISCAPITAL NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE ISCAPITAL SITE OR ACCESS TO AND USE OF THE ISCAPITAL SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE ISCAPITAL SITE IS AT YOUR SOLE RISK.
3.2 INFORMATION PROVIDED ON THE ISCAPITAL SITE MAY CONTAIN REFERENCES OR CROSS REFERENCES TO ISCAPITAL, ITS AFFILIATES AND RELATED COMPANIES' PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN YOUR LOCAL AREA AND ISCAPITAL, ITS AFFILIATES AND RELATED COMPANIES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE AVAILABILITY OF SUCH PRODUCTS AND SERVICES IN YOUR LOCAL AREA AND SUCH REFERENCES DO NOT IMPLY THAT ISCAPITAL, ITS AFFILIATES AND RELATED COMPANIES INTEND TO PROVIDE SUCH PRODUCTS OR SERVICES IN YOUR LOCAL AREA. ISCAPITAL RECOMMENDS THAT YOU CONSULT WITH YOUR NEAREST ISCAPITAL BUSINESS OFFICE FOR INFORMATION REGARDING THE PRODUCTS AND SERVICES WHICH MAY BE AVAILABLE TO YOU IN YOUR LOCAL AREA. WEB SITES ACCESSED VIA LINKS OR OTHER MEANS FROM THE ISCAPITAL SITE HAVE, UNLESS OTHERWISE INDICATED, BEEN INDEPENDENTLY DEVELOPED BY THIRD PARTIES. THE INCLUSION OF ANY INFORMATION, MATERIAL, CONTENT OR LINKS ON THE ISCAPITAL SITE SHOULD NOT BE CONSTRUED AS AN EXPRESS NOR AN IMPLIED ENDORSEMENT OF ANY THIRD PARTY PRODUCTS OR SERVICES.
3.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH SHALL ISCAPITAL OR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS ON THE ISCAPITAL SITE, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER ISCAPITAL NOR ITS AFFILIATES AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
4. Confidential Information and Privacy
4.1 You authorize ISCAPITAL to collect from the ISCAPITAL Site and from any third party identified on the ISCAPITAL Site all information about you and your use of the ISCAPITAL Site and to retain all such information, and you hereby authorize any party to provide us with such information. You further authorize ISCAPITAL to disclose, to any ISCAPITAL affiliate or related company or to any party with whom ISCAPITAL has business relations, all relevant information relating to your dealings with ISCAPITAL and the ISCAPITAL Site for any purpose whatsoever. Notwithstanding, ISCAPITAL reserves the right at all times to disclose any information about you or your use of the ISCAPITAL Site as necessary to satisfy any law, regulation, governmental request or court order. You understand and agree that ISCAPITAL cannot ensure or guarantee your privacy on the ISCAPITAL Site and that any such use shall be at your sole risk and that ISCAPITAL and its affiliates and related companies, and their respective directors, officers, employees, consultants and agents shall be relieved of all liability therewith.
5.1 To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless ISCAPITAL, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of the Terms and Conditions; or (ii) your use of the ISCAPITAL Site, the content contained in the ISCAPITAL Site and the placement or transmission of any information or other materials on the ISCAPITAL Site made by you or others using your account. You agree to promptly notify ISCAPITAL immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. ISCAPITAL reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.
6.1 If you are dissatisfied with the ISCAPITAL Site or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the ISCAPITAL Site. In such an event, you agree to destroy all materials obtained by you on the ISCAPITAL Site and any and all other ISCAPITAL site(s) and all copies thereof. The Terms and Conditions shall survive any such termination.
7. Miscellaneous Terms
7.1 Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as ISCAPITAL may determine in any and all actions, disputes, or controversies relating hereto. The Terms and Conditions and any rules, policies or guidelines posted on the ISCAPITAL Site by ISCAPITAL constitute the entire agreement between ISCAPITAL and you with respect to the subject matter hereof. No waiver by either ISCAPITAL or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demand? que cette convention ainsi que tous les documents qui s’y rattachent soient r?dig?s en anglais.