Registration and Consent to Use Data
In order to use the Site and the Services, You must register to create an account and You will be asked to provide certain information about Your company and/or You, including contact information and certain other specific information depending on the purposes for which You are using the Site and/or the Services. R&D PARTNERS will collect and use this information for the purposes of managing your account and providing the Services. You represent and warrant that You are authorized to provide all the information You provide upon registration for the Services, and that the information You provide is accurate, current and truthful information. You also hereby authorize R&D PARTNERS to display Your company logo, company image, personal picture, and/or any other information you choose to provide during the registration process in the search results portion of the Site or in any other appropriate location on the Site. Your login may only be used by one person – a single login shared by multiple people is not permitted.
Our Services are not intended for, nor designed to attract, individuals under the age of thirteen (13). We do not knowingly collect personal information from any person under the age of 13. It is against R&D PARTNERS’ policy for anyone under the age of 13 to create an account or otherwise use the Services. By using the Services, You confirm that You are at least 13 years old.
If R&D PARTNERS becomes aware that a child under the age of 13 has provided personal information, steps will be taken to remove such information and terminate the child’s account. If you are a parent or guardian and aware that your child has given personal information to R&D PARTNERS, please contact us so we can exercise the necessary actions.
You agree to pay all applicable fees and charges under this Agreement, including registration fees and any applicable taxes or charges imposed by any government entity. You acknowledge that R&D PARTNERS may change its pricing for the Site and the Services at any time.
Account Security Conditions
You will receive a password and account designation upon completing the registration process for the Site and the Services. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur using Your password or account. You agree to (a) immediately notify R&D PARTNERS of any unauthorized use of Your password or account or any other breach of security; (b) provide complete and current information whenever and wherever it is requested on the Site and, (c) ensure that You exit from Your account at the end of each session. R&D PARTNERS cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section.
You may only view, copy or print material available on the Site or through the Services for Your own use, and may not distribute or reproduce any material from the Site or use the Services for anything other than its intended purpose. You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site in any manner. If You in any way Interfere with the Site, You agree to pay all damages incurred by R&D PARTNERS, including any consequential damages, and agree that the measure of harm to evaluate such damages will be the highest estimate of damages as provided for by R&D PARTNERS. You agree not to access or copy in bulk, retrieve, harvest, or index and portion of the Services (collectively, “Scrape”) or use, support, or develop any robot, spider, scripts, or other automatic device, process, or means to Scrape the Services for any purpose. Your Interference with or Scraping of the Site relieves R&D PARTNERS of any of its contractual and any other legal obligations to You. R&D PARTNERS will cooperate with the authorities in prosecuting any User who Interferes with the Site, attempts to defraud R&D PARTNERS, or attempts to defraud credit card companies or any other persons through User’s use of the Site or Services.
Under the fullest extent allowed by applicable legislation, R&D PARTNERS shall not be held accountable for any indirect, incidental, special, punitive, or resulting damages that arise from or are related to the use of the Services or Your violation of these Terms of Service, irrespective of whether the company has been made aware of the possibility of such damages.
Photography, Audio, and Video Recording at the Event
By attending the Event you acknowledge and agree that the Event may be photographed or recorded by us or our partners. R&D PARTNERS also reserves the right to use photographic images captured during the Event and use them for promotional purposes. You agree to permit us, or any third party licensed by us to use or distribute your likeness, name, voice and words in perpetuity in media now available and hereafter developed, both before, during and any time after the Event, and in any form, without any further approval from you or any payment to you. R&D PARTNERS reserves the right to broadcast and transmit content via the Internet, and any other means of distribution.
The Site is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Canada, the United States and other countries. The Services and any related processes are protected by patents (either pending or registered), trademarks, service marks, international treaties, and/or other proprietary rights and laws of Canada, the United States and other countries. You agree to abide by all applicable intellectual property laws and other laws. This Agreement grants You no right, title, or interest in any intellectual property owned or licensed by R&D PARTNERS, including, without limitation, its trademarks and/or patents (either pending or registered), and creates no direct relationship between You and R&D PARTNERS other than that of user and service provider under this Agreement. By accepting this Agreement, you acknowledge and agree that you are prohibited from using, reproducing, or otherwise exploiting any of R&D PARTNERS’s intellectual property, including but not limited to trademarks and patents, without obtaining prior explicit written permission from R&D PARTNERS.
R&D PARTNERS agrees not to use Your Confidential Information (defined below) for any purpose except to operate the Site and Services in accordance with this Agreement. R&D PARTNERS agrees to use reasonable efforts not to disclose any of Your Confidential Information to any third party other than to R&D PARTNERS‘s employees and consultants and certain other third parties, including Subdomain Partners, who are bound by confidentiality obligations and are required to have access to the Confidential Information in order to operate the Site and perform the Services. However, R&D PARTNERS will not be liable for unintentional disclosures that occur despite its reasonable efforts to prevent such disclosures. Nothing in this Agreement limits R&D PARTNERS‘s right to independently develop, acquire or market products, ideas, or businesses, without use of Your Confidential Information.
“Confidential Information” may include, solely to the extent provided by You through Your use of the Site or the Services, (a) technical information, know-how and other intellectual property, to the fullest extent that such information is maintained as a trade secret by You; (b) confidential marketing strategies; (c) confidential future product plans; (d) confidential financial information ; and (e) other confidential business information. Confidential Information will not include any information that (i) was publicly known and generally available in the public domain prior to the time of disclosure by You; (ii) becomes publicly known and generally available after disclosure by You through no action or inaction of R&D PARTNERS; (iii) is already in R&D PARTNERS‘s possession at the time of disclosure by You; (iv) is obtained by R&D PARTNERS from a third party without a breach of such third party’s obligations of confidentiality; (v) is independently developed by R&D PARTNERS without use of or reference to Your Confidential Information; or (vi) is required by law to be disclosed by R&D PARTNERS, provided that R&D PARTNERS gives You written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.
Modifications to Service
R&D PARTNERS reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services or the Site (or any part thereof) with or without notice. You agree that R&D PARTNERS shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site or the Services. You agree that R&D PARTNERS has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted for the purposes of the Site or the Services. You acknowledge that R&D PARTNERS reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that R&D PARTNERS reserves the right to change the general practices and limits set forth in this Section at any time, in its sole discretion.
4037201 Canada Inc. does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that (v) any errors in the Service will be corrected.
You expressly understand and agree that 4037201 Canada Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if 4037201 Canada Inc. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
This Agreement is effective until terminated. Your rights under this Agreement may terminate automatically without notice from R&D PARTNERS in R&D PARTNERS‘ sole discretion. Upon termination of this Agreement, You must cease to use the Site and the Services and R&D PARTNERS may block its IP address or addresses to You, thereby disallowing Your continued use of the Site.
Limitation of Liability & Indemnification
R&D PARTNERS will not be liable to User or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages (including with respect to data; lost profits or savings or business; business interruption or reputational harm) of any kind or nature whatsoever suffered by User or any third party howsoever caused (whether resulting from impaired or inaccurate data, data breaches, software or computer failure, support failure, use of the platform, reliance on results, or any other cause).
In no event will the R&D PARTNERS’s total aggregate liability arising out of or related to this Agreement or the Site, whether in contract, tort or under any other theory of liability, exceed the greater of (a) fees paid by User for the Services during the 6-month period immediately preceding the date on which the cause of action arose; or (b) $100.00.
The limitations and exclusions of liability set out in this section will apply regardless of the form of action or theory of liability, including for breach of contract, tort, negligence, by statute and regardless of the form or cause of action, even if such damages are foreseeable or R&D PARTNERS has been advised of the possibility of such damages. User agrees that the limitations and exclusions contained in this agreement are reasonable based upon the commercial circumstances, and that R&D PARTNERS would not have permitted User to access and use the Site or the Services but for User’s agreement to such limitations and exclusions.
No action arising out of this Agreement may be brought by User more than one year after the date on which the cause of action has accrued.
User shall defend, indemnify and hold harmless R&D PARTNERS from and against any and all claims, damages, liabilities, losses, costs and expenses (including legal fees, fines, fees and the cost of investigation and resolution), arising out of, relating to or in any connection with any claim, action, suit or proceeding by, or settlement with, any third party based on, or arising as a result of, User’s breach of any warranty, representation, grant, license or waiver of rights or agreement made in this Agreement, or any use of the Site or Services by User.
R&D PARTNERS may modify this Agreement at any time.