Terms of Use

Welcome to the “Kesec” website operated by Kesec Marketing Corp. (“Kesec“).

By using the KESEC website (the “Website“) and, in consideration of the mutual benefits to you and Kesec relating to your use of the Website and/or becoming a subscriber (“Subscriber“) and receiving the benefits of the Service, you agree to be bound by these Terms of Use (this “Agreement“), whether or not you register as a Subscriber.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE ANY OF THE WEBSITE AND/OR THE SERVICE.

This Agreement sets out the legally binding terms of your use of the Website and the Service and your subscription in the Service and may be amended, varied or modified by Kesec from time to time as set out below:

Representations and Eligibility

You must be 18 years of age or older to register as a Subscriber or use the Website. Any subscription is void where prohibited. By using the Website and/or the Service, you represent and warrant to Kesec that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You may not authorize others to use your administrative account or otherwise assign or transfer your rights as a Subscriber to any other person or entity without the express written consent of Kesec. You agree that we may rely on all registration or Subscriber data provided to us by you as accurate, current and complete and you acknowledge that Kesec reserves the right to terminate this Agreement and your use of the Service (without any fee refunds) if such registration or Subscriber data is untrue, inaccurate, not current or incomplete in any respect.

Term of Agreement

This Agreement will remain in full force and effect while you use the Website, the Services and/or are a Subscriber. You may terminate your subscription at any time, for any reason by following the termination procedures set out in the Website or upon receipt by Kesec of notice of termination from you in writing or by email. Kesec may terminate your subscription for any reason at any time without notice to you. Following termination of this Agreement for any reason whatsoever, you agree to remain bound by the terms and conditions of this Agreement.

Use of Service

You agree that Kesec has no responsibility or liability for the deletion, corruption or failure to store any publicly or privately displayed content, messages, photos, videos, profiles, text or other written or graphical content, materials or communications maintained or transmitted on the Website or by the Service. Your use of the Services is subject to any limitations, conditions and restrictions established by Kesec from time to time and Kesec may alter, suspend or discontinue any aspect of the Service at any time including the availability of any Service feature, database or content and Kesec may impose limits on certain features and aspects of the Service (or restrict your access to all/parts of the Service) from time to time without notice or liability.

Proprietary Rights

Kesec owns and retains all proprietary rights, title and interest in and to each of the Website, the Service and the software used to provide the Service. The Website, the Service and related software contains the copyrighted material, trademarks and/or other proprietary information of Kesec and its licensors, partners and/or advertisers. All other trademarks, logos, service marks, company or product names of any third parties set forth in the Website are the property of their respective owners. Except for any information which is in the public domain or where express written permission has been granted to you by Kesec, you agree not to copy, modify, publish, transmit, re-transmit, distribute, perform, display or sell any such proprietary information contained in the Website.

Privacy Policy

The personal information (including sensitive personal information) you provide to Kesec will be stored on our servers and in our databases. Use of the Website and the Service is expressly governed by our Privacy Policy which details, among other things, the uses to which Kesec may make, from time to time, of your personal information and your consent to such uses by us from time to time.

Disclaimers

Kesec assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, data, or Subscriber account details. Kesec is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, browser or other software, failure of email on account of technical problems or traffic congestion on the internet or at any Website or combination thereof, including injury or damage to users and/or Subscribers or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service. Both the Website and the Service are provided on an “as is” basis and Kesec expressly disclaims any kind of express, implied or statutory warranty or condition including warranties as to merchantability or fitness for a particular purpose or non-infringement. Kesec does not and cannot guarantee or promise that any Subscriber will achieve or realize any specific result(s) from use by such Subscriber of the Website and/or the Service. Kesec does not warrant that your use of the Website or the Service will be secure, uninterrupted, always available, error-free or will meet your requirements or that any defects in the Service will be corrected and Kesec disclaims any liability for, and no warranty is made with respect to, connectivity and availability.

Limitations and Exclusive Remedies

To the maximum extent permitted by law, in no event will Kesec, its directors, officers, employees, shareholders or representatives be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages (including, without limitation, lost profits, loss of data or programs, cost of procurement of substitute services, service interruptions or physical, emotional or other damages) arising from your use of the Website, the Service or the software used to provide the Service or the inability to use same, even if Kesec or its agents have been advised of the possibility of such damages. If you are dissatisfied with the Website and/or the Service or with these terms and conditions, your sole and exclusive remedy is to discontinue using the Website and/or the Service.

Jurisdiction

Any disputes arising involving your use of the Website and/or the Service will be exclusively governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard to its conflict of law provisions. You expressly consent to the exclusive forum, jurisdiction and venue of the court of Ontario and/or the Federal Court of Canada in Ontario or any other judicial district or jurisdiction as Kesec may determine in any and all actions, disputes or controversies relating hereto. The parties specifically agree that the performance of this Agreement, in all its respects, does not take place outside the jurisdiction of the Province of Ontario, Canada.

Indemnification

You agree to defend, indemnify and hold harmless Kesec, its subsidiaries, affiliates, shareholder, directors, officers, agents, partners, licensors and employees, from any loss, liability, claim, cost, expense, suit, action, proceeding or demand (including reasonable legal fees and disbursements), made by any third party due to or arising out of your use of the Website and/or the Service, whether or not in violation of this Agreement, and/or arising from any breach of this Agreement.

Amendments

KESECRESERVES THE RIGHT, AT OUR SOLE DISCRETION, TO AMEND, MODIFY OR VARY (COLLECTIVELY, “AMENDMENTS”) THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ANY TIME AND SUCH AMENDMENTS SHALL BE EFFECTIVE UPON POSTING OF SUCH AMENDED TERMS AND CONDITIONS ON THE WEBSITE. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS OF THE WEBSITE PERIODICALLY TO BE AWARE OF SUCH AMENDMENTS AND YOUR CONTINUED USE OF THE WEBSITE AND/OR THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF SUCH AMENDED TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY AMENDMENTS, YOU SHOULD TERMINATE YOUR USE OF THE WEBSITE AND THE SERVICE.

Notices

Except as otherwise stated in these terms and conditions, Kesec reserves the right to provide notice to you, from time to time, either by mail, e-mail or posting on the Website.

Functional Equivalency

You agree that electronic pages accessed by you on the Website are written documents and that by electronically acknowledging by “clicking” any “buttons” stating “OK” or “I Accept”, “proceed”, “continue”, “approve” or “buttons” with similar intent shall have the same legal effect as if you had placed your signature by hand and provided hardcopy versions of such pages with intent to be legally bound with Kesec for their content. You accept any records or documents stored or produced by Kesec through electronic means or device as sufficient evidence for all purposes to establish such documents and the contents as correct, authentic and binding on you.

Other Sites

The Website may include links to other web sites or resources and businesses operated by other persons or entities (collectively, “Other Sites“). Other Sites are independent from Kesec, may have different or inconsistent privacy policies or terms of use and services provided by such persons or entities and may be provided under different terms and conditions. Kesec has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Kesec does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Kesec arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Kesec the provisions of this Agreement under the section headed Disclaimers, Limitation and Exclusive Remedies, and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.

Trade-marks

The trade-mark KESEC is a trade-mark of Kesec Data Inc. All graphics, logos, designs, graphical user interfaces, icons, headers and scripts are the intellectual property of Kesec Inc. All rights in such trade-mark and intellectual property is reserved to Kesec Inc. and you may not use same, in whole or in part, without the express prior written consent of Kesec Inc.

Miscellaneous

This Agreement together with any rules, policies, privacy policies, guidelines or other agreements, which are hereby accepted by you upon use of the Website and/or becoming a Subscriber and using the Service, contains the entire agreement between you and Kesec regarding the use of the Website and/or the Service. No waiver by either Kesec 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 unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Kesec expressly reserves the right to assign all or any rights or duties under this Agreement to any third party and, in such case, Kesec shall be relieved of any and all liability under this Agreement.