Website Terms of Use

Welcome to the Invixium (“we”, “us”, “our” or “IXM”) website (the “Website”). By accessing the Website, you agree to comply with and be bound by the Website’s terms and conditions (the “Terms”), as detailed below.

These Terms may be revised by us at any time without prior notice, such changes will become effective immediately upon their posting on the Website. We encourage you to periodically revisit these Terms in order to ensure your compliance. If you do not wish to comply with the Terms, please refrain from using the Website.

You must be at least 18 years of age to use this Website. By using this Website (and by agreeing to these Terms) you warrant and represent that you are at least 18 years old.

This Website uses cookies. By using this Website and agreeing to these Terms, you consent to our use of cookies in accordance with the terms of the Website Privacy Policy (“Privacy Policy”).

1. Use of Website Information

You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

The Website (including, without limitation, all text, audio, photographs, images, renderings, podcasts, reports, charts, widgets, gadgets, applets, and video), software, code, data, the look and feel, design and organization of the Website, and the compilation of the Website, the content, and any other content referenced in the Website (except for public domain material) and/or is derivative therefrom is and shall remain under the exclusive ownership of Invixium. Any derivative content and/or any other content in the Website which was made by, for and/or on behalf of Invixium is and shall remain at all times the sole and exclusive intellectual property of Invixium.

You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

Invixium provides its Website users with useful information regarding the Invixium solutions and services, as well as marketing, informational and educational materials. Invixium retains any and all intellectual property in all materials posted on the Website, whether they are available for public consumption under these Terms or not. Your use of the Website shall not grant you any intellectual property or other rights in the Website materials.

Your use of the documents, graphics and other data provided on the Website is limited to viewing, downloading, printing and copying, insofar as your use is limited solely to personal, informational, or non-commercial purposes and you do not modify or alter the Website content in any way.

Except where your use constitutes “fair use”, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Website in whole or in part without our express authorization.

2. Termination of Use

Your access to the Website may be monitored by Invixium. Further, Invixium may, in its sole discretion, at any time terminate your access to the Website (and any service accessible through the Website).

3. User Data

You represent and warrant that you have the adequate rights for (a) the submission of all data and content submitted or posted by you through or on the Website, including without limitation any identifying or non-identifying information related to you or third parties (“User Data”) and for (b) any use or transfer permitted hereunder to be made with respect to such User Data. You shall have the exclusive responsibility and liability for the User Data and any of its own acts or omissions in respect thereof through the Website, including without limitation, for the legality, reliability, authenticity, integrity, accuracy, and completeness of the User Data it has submitted.

You shall indemnify and hold Invixium harmless for any failure to comply with your obligations or any breach of your warranties under this Section. Invixium is not responsible to verify the accuracy or legitimacy of any User Data submitted or posted through the Website.

You give your consent to Invixium, and grant Invixium with a worldwide, royalty-free, and non-exclusive license, to collect User Data submitted through the Website, store such User Data in Invixium’s servers or third party’s external servers which are utilized to make the Website available, and to use such User Data solely as specified in Invixium’s Privacy Policy.

4. Disclaimer

INVIXIUM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION OR OTHER MATERIALS PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE AND ALL INFORMATION OR OTHER MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. INVIXIUM HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE CONTENT OF THIS WEBSITE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ADDITIONALLY, INVIXIUM MAKES NO WARRANTY THAT: (i) THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE OR RELIABLE; (ii) THIS WEBSITE AND ITS CONTENT WILL MEET YOUR REQUIREMENTS; (iii) THIS WEBSITE WILL NOT EXPERIENCE UNINTERRUPTED SERVICE; (iv) THIS WEBSITE DOES NOT CONTAIN ERRORS; OR (v) THIS WEBSITE IS SECURE FROM THIRD PARTIES.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. INVIXIUM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

INVIXIUM RESERVES THE RIGHT TO CHANGE, ALTER, UPDATE, MODIFY, SUSPEND, AND DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE WEBSITE AT ANY TIME WITHOUT NOTICE.

5. Limitation of Liability

IN NO EVENT SHALL INVIXIUM BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS WEBSITE.

SOME JURSIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, SOME OF THE LIMITATIONS OR EXCLUSIONS CONTAINED ABOVE MAY NOT APPLY TO YOU.

BY USING THIS WEBSITE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THIS WEBSITE.

6. Indemnity

You agree to defend, indemnify and hold harmless Invixium, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of (i) any violation of these Terms or (ii) your access to or use of the Website.

7. Passwords and Security

You are responsible for maintaining the confidentiality of any password(s) you are given to access the Website and are fully responsible for all activities that occur under your password(s). You agree to notify Invixium immediately of any unauthorized use of your password(s).

8. Links to Third Party Websites

Some links on the Website enable you to leave the Website. The linked websites are not under the control of Invixium and Invixium is not responsible for the contents of any linked website, any link contained in a linked website, or any changes or updates to such websites. Invixium is not responsible for any transmission received from any linked website including any webcasting, webinar, podcast, or other method or transmission. Links to third party websites are provided only as a convenience. Invixium does not endorse any link made available through this Website.

9. Privacy Policy

By accessing this Website, you consent to the collection and use of information as described in our Privacy Policy, as may be amended by us from time to time.

10. Infringement Notices

In the event you have any questions, concerns or complaints regarding these Terms, you should notify us at experience@invixium.com

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario without regard to its conflict of law principles. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the applicable courts of the city of Toronto, Ontario.

12. Miscellaneous

If any part of the Terms is found to be invalid, unlawful or unenforceable, the offending part shall be amended or extracted from the remaining terms all of which shall remain in full force as permitted by law. The Terms, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. These Terms and our rules and policies in this Website comprise the entire agreement between you and us, states our and our suppliers’ entire liability and your exclusive remedy with respect to the Website, and supersede all prior agreements pertaining to these Terms’ and such rules’ and policies’ subject matter. Any failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

The section titles in these Terms are solely used for the convenience and have no legal or contractual significance. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Terms shall not constitute a waiver of such term.

Last updated: August 1, 2021

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