RESTRICTION ON USE

All the products, services, information, materials, data, images, graphics, sounds and other components on the Site (the “Content”) are copyrighted and owned or controlled by Numeris unless otherwise noted. Any unauthorized use of the Content on the Site may violate copyright, trademark and other laws and intellectual property rights of Numeris or third parties. Unauthorized use may give rise to a claim for damages. You will not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any Content from our Site in whole or in part without our prior written permission.

You agree that you will not:

• use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
• interfere or take action that results in interference with or disruption of the Site or servers or networks connected to the Site;
• attempt to gain unauthorized access to other computer systems or networks connected to the Site; nor
• use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use.

All trademarks, service marks and trade names used on the Site (collectively the “Marks”) are solely owned by Numeris. The Marks may not be used in connection with any product or service that is not a product or service of Numeris or that is likely to cause confusion among customers, or that in any manner disparages or discredits Numeris.

Except as expressly provided herein, nothing on the Site will be construed as conferring any license under Numeris’ and/or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.

Notwithstanding anything herein to the contrary, Numeris may revoke any of the foregoing rights and/or your access to the Site, or any part thereof, at any time without prior notice.

PRIVACY

Numeris’ Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Numeris’ Privacy Policy, click here.

DISCLAIMER

Any use of or reliance on the Site, or the Content shall be at your sole risk. Numeris makes no representation or warranty of any kind regarding the Site or the Content, all of which are provided on an “AS IS” and “AS AVAILABLE” basis. Numeris expressly disclaims all representations, warranties, conditions and endorsements as to the operation of the Site or the Content. Without limiting the generality of the foregoing, Numeris makes no warranty as to the accuracy, quality or completeness of the Content, nor to merchantability or fitness for a particular purpose, nor to title or non-infringement, nor to the absence of any software virus or other harmful component. Numeris does not warrant that the Site or the delivery, hosting and ancillary services or facilities of third party suppliers utilized by Numeris will continue to operate, will operate without interruptions or will be error-free.

LIMITATION OF LIABILITY

In no circumstances shall Numeris, its directors, officers or employees be responsible or liable for any loss or damages whatsoever, including (without limiting the generality of the foregoing) any direct, indirect, incidental, special, punitive or consequential damages, arising from or in connection with any access to or any use made of Site, your use of, access to or your reliance on, or your inability to use or access, the Site, any Content, any information provided through the Site, any website linked to the Site, or any contents thereof, any website linking to the Site, or any contents thereof, or any delivery, hosting and ancillary services or facilities of third party suppliers utilized by Numeris. In any case, the entire liability of Numeris shall be limited to one Canadian dollar (C$1.00).

You and Numeris both acknowledge and agree that the disclaimer of warranties and limitations on liability set forth above are reasonable in the circumstances.

Numeris is not responsible and assumes no liability for third party content of the Site or third party information provided through the Site.

APPLICABLE LAW

All matters relating to access to, or use of, the Site or any website linked to the Site, shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.