PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING AND USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY EACH OF THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS.
THESE TERMS AND CONDITIONS MAY CHANGE FROM TIME TO TIME, WITHOUT NOTICE. ANY SUCH CHANGES WILL BE POSTED TO THIS WEBSITE AND SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING.
This website https://www.neurofit.ca/ together with any derivatives thereof, including without limitation, mobile versions and any app downloadable from https://www.neurofit.ca/ or another designated web site or IP address, or ancillary online or offline products (collectively, the “Website”) is owned and operated Neurofit VR Inc., a corporation incorporated pursuant to the laws of the Province of Ontario, Canada (Hereinafter “Neurofit”, “we” or “us” as context permits).
If you acquire a license through the Website, the terms and conditions contained in your License and Terms of Sale Agreement will apply and are hereby incorporated herein. In the event of a conflict between any terms set out herein and the terms of an applicable License and Terms of Sale Agreement, the terms of the License and Terms of Sale Agreement shall prevail.
Notwithstanding any Website content or anything contained herein we do not guarantee, represent or warrant that the Website, or any Website content, will be available at any given time or will be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website at any time without notice.
You are responsible for making any and all arrangements necessary for you to access the Website, including the acquisition of all applicable licenses from us. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You are also responsible for ensuring that any and all persons who access our site through your internet connection are aware of and comply with each of the individual terms and conditions contained herein.
Other than as expressly set out herein (including any applicable License and Terms of Sale Agreement), you agree that you will not use the Website for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit the Website for any commercial purpose. You further agree that you will not monitor, gather or copy the content of the Website by using any robot, bot, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind.
You agree that all content appearing on the Website including, but not limited to, all trademarks, trade names, graphics, images, text, audio clips, button icons, digital downloads, data compilation and computer software are the sole and exclusive property of us, or our affiliate and/or associate companies, and are protected by trademark and copyright laws. You may only use the Website for lawful purposes and you may not use the Website:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is abusive, unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm, in any manner whatsoever:
our affiliate and/or associate companies;
any directors, officers, employees, shareholders, agents, contractors, successors or assigns of us or our associate and affiliate companies; or any other third party
to send, knowingly receive, upload, download, use or re-use any material which is unlawful;
to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Any unauthorized use of the Website or breach of any one or more term or condition contained herein shall be grounds for termination of your use of the Website.
Changes of website
We may update the Website or change the content contained therein from time to time. Be aware however that any or all of the Website content may be out of date at any given time, and we are under no obligation to update it.
No Representation or Warranty
Notwithstanding anything contained herein or any Website content, we provide no representation or warranty that the Website or the Website content is accurate, free of errors and omissions or that it is suitable for any particular use.
Waiver of Liability and Indemnity
You agree that neither we, nor any of our affiliate and/or associate companies, nor any director, officer, employee, shareholder, agents, contractors, successors or assigns, will be liable for any damages whatsoever arising out of or related to the use, or inability to use, the Website. This waiver includes all damages that may be suffered by you or others, whether direct or indirect, incidental, consequential, punitive, exemplary, as well as damages for loss of profit, business interruption, or other damages, whether in tort or in contract, and whether for breach of warranty or by reason of strict liability, or otherwise.
You agree to indemnify, defend and hold us harmless and each of our affiliate and/or associate companies, and all directors, officers, employees, shareholders, agents, contractors, successors or assigns of us and our associate and affiliate companies, from any damages, liabilities, costs and expenses, including all reasonable legal expenses, on account of any claim, action, suit, demand or proceeding made or brought against any such party, or on account of the investigation, defence or settlement thereof, arising in connection with your use of the Website.
browsing and security
Our website uses Secure Socket Layer (SSL) encryption technology, an industry security standard for conducting secure online transactions. We use SSL technology when you create an account with us to protect your personal information such as name, address, telephone number, and billing information including your credit card information.
While we take reasonable, industry accepted security precautions to protect your personal information, we cannot guarantee and we make no representation or warranty against the theft, misuse, unauthorized disclosure, loss, alteration or destruction of data by third parties. By accessing and using the Website, you waive any and all claims for loss or damage resulting from any such theft, misuse, unauthorized disclosure, loss, alteration or destruction of data by third parties.
You can do your part to protect the information you provide to us by choosing a strong password which is known only to you and not disclosed or shared with anyone.
You must treat any identification code, password or other piece of information chosen by you or provided to you by us as part of our security procedures as strictly confidential. You must not disclose any such information to any third party.
We retain the right to disable any user identification code or password, whether chosen by you or provided to you by us, at any time, if in our reasonable opinion you have failed to comply with any of the terms and/or conditions contained herein.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at using the contact information below.
For your convenience, the Website may provide links to third party websites that are not controlled or owned by us. A link between the Website and another website does not mean that we endorse, recommend, sponsor or approve any such website. We offer these links as a courtesy only and are not responsible for their content or privacy policies. We encourage you to exercise discretion in browsing the internet, and we make no representation or warranty about the legality of any third-party website. Any such website is independent of us, and we have no control over or responsibility for any information provided or activities undertaken by any such website. We expressly disclaim any responsibility or liability for any damage, loss or injury arising out of the activities, products or services offered by any such website.
You may not link to our home page or any other part of our site without our prior written consent.
intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the content on the Website for commercial purposes other than in accordance with an applicable License and Terms of Sale Agreement.
no reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
limitation of our liability
Notwithstanding anything contained herein, we will not be liable to you or any other party for any loss or damage whatsoever, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Website or use of or reliance on any content displayed on our site including, but not limited to, any of the following:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage;
any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material.
We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for obtaining and using appropriate computer security and protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack our site in any manner whatsoever including, but not limited to, via a denial-of-service attack or a distributed denial-of service attack. We will report any breach of this provision to any and all relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website and any licenses issued will cease immediately.
Neurofit’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any term, condition, provision, or right.
If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision. Notwithstanding anything contained herein, the invalidity or unenforceability of any part of this Agreement shall not affect the validity or enforceability of the balance hereof.
Use of the Website and each of the terms and conditions contained herein are governed by the laws of Canada and the Province of Ontario therein. You agree and consent to the exclusive jurisdiction and courts of Canada and the Province of Ontario as applicable.