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Terms of Use

Standard Innovation Corporation
KegelCore Website Terms of Use
Last Updated: November 1, 2016

These Standard Innovation terms of use (the “Terms of Use”) is between you and Standard Innovation Corporation (“SIC”) and governs your use the KegelCore website located at kegelcore.com and other KegelCore branded websites (together, the “Website”). The Website is owned and operated by SIC under its Attivia brand.

BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 4. IF YOU DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO USE THE WEBSITE AND YOU MUST NOT USE THE WEBSITE. IF YOU ARE USING THE WEBSITE ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.

  1. Permitted Use
    The Website is provided solely (the “Permitted Use”) to allow you to (a) gather information about KegelCore and our products and services; and (b) use any services made available to you by us through the Website. Subject to these Terms of Use, you may use the Website in accordance with these Terms of Use.As a condition of your use of the Website, you represent, covenant and warrant that: (a) you have reached the age of majority in your jurisdiction of residence; (b) you possess the legal authority to create a binding legal obligation; (c) you will use the Website in accordance with these Terms of Use; and (d) all information supplied by you to us or through the Website is true, accurate, current and complete.
  2. Limited License
    SIC grants to you a limited, revocable, non-exclusive, non-transferable, non-assignable license to reproduce content on the Website and use the Website solely for your own personal, non-commercial use and for no other purpose whether express or implied. SIC reserves all rights not expressly licensed to you under this agreement.
  3. Use Restrictions
    You will not, without our prior written permission, use the Website or the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, the rights granted to you in these Terms of Use are subject to the following restrictions. Specifically, you will not (and will not attempt to):
  1. rent, lease, license, sublicense, transfer, host, loan, sell or otherwise transfer in any form any part of the Website or the Content to any third party;
  2. copy, modify, broadcast, transmit, circulate, reproduce, republish or distribute in any form any part of the Website or the Content;
  3. “frame”, “mirror”, “deep-link” or otherwise incorporate the Website or the Content or any part thereof on any website;
  4. access, monitor or copy any part of the Website or the Content using any robot, spider, scraper or other automated means;
  5. violate the restrictions in any robot exclusion headers on the Content or the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;
  6. take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Website;
  7. use the Website or Content as part of any service for sharing, lending or multi-person use;
  8. circumvent, disable or defeat any of the security features or components, such as encryption functionality, that protect the Website;
  9. attempt to gain unauthorized access to any of SIC’s accounts, computer systems or networks associated with the Website;
  10. disassemble, decompile, reverse engineer, modify, adapt any components or otherwise exploit of the Website or the Content, or create derivative works based on the Website or the Content, in whole or in part;
  11. use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use;
  12. block, disable, or otherwise effect any advertising, tabs, links to other sites and services, or any other features forming part of the Website;
  13. use the Website or the Content in any way that that infringes, violates or misappropriates the rights of any third party, including without limitation third-party intellectual property rights;
  14. restrict or inhibit another user from using the Website;
  15. impersonate any person, including us or other users of the Website;
  16. except as expressly permitted by the Website, save, download, archive or otherwise copy any Content; or
  17. authorize or assist any third party to do any of the things described in this section.
  • Changes to these Terms of Use and Website
    Except where prohibited by applicable law, SIC reserves the right, in its sole discretion, to add to, delete, or otherwise change any term or condition in these Terms of Use upon notice to you by posting such revised Terms of Use on any website. Your continued access to or use of the Website after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly. If you do not agree with any term or condition set out in such revised Terms of Use, you must immediately stop accessing and using the Website, and these Terms of Use will be deemed to be terminated by SIC in accordance with Section 9. We reserve the right to change any information, material, image, text, data, media or other content contained on or provided through the Website (the “Content”) at any time, without notice.
  • License Grant to Data You Provide To Us
    You grant to us a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that: (a) you load, transmit to or enter into the Website; or (b) we collect from third parties with your permission, and including all results from processing such data, information, records and files, including compilations, and derivative works thereof, including for the purpose of: (i) providing and making available the Website; (ii) complying with applicable law; and (iii) complying with our reasonable audit and data retention policies.
  • Comments
    For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to SIC on or through the Website, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments“) you grant SIC a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub-licensable right and license to use the Comments however SIC desires, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way.For this reason, we ask that you not send us any Comments that you do not wish to license to us as described above, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. SIC is and shall be under no obligation: (1) to display, maintain or use Comments in any way; (2) to maintain any Comments in confidence; (3) to pay to you any compensation for any Comments; or (4) to respond to any of your Comments. You represent and warrant that any Comments submitted by you to the Website will not violate the terms and conditions of these Terms of Use, or any right of any third party, including without limitation, copyright, trademark, publicity, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity and will not contain any personal information of any third party. You further represent and warrant that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, defamatory, abusive or obscene material, or contain software viruses, disabling mechanisms, harmful content, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You will not impersonate any person or entity or misrepresent your affiliation to a person or entity. You are and shall remain solely responsible for the content of any Comments you make.You represent and warrant that you have the right to distribute and reproduce the Comments and to grant the license that you have granted above. You hereby waive all your moral rights in the Comments for the benefit of SIC and its successors, assigns and licensees.SIC does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant SIC the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify SIC and its affiliates for all claims resulting from or relating to any Comments you submit.

SIC and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

  • Content You Post On The Website
    You will not post any Content or Comments on the Website that:

 

  1. uses offensive, racist, hateful, vulgar, obscene or otherwise harmful language;
  2. is defamatory;
  3. divulges another person’s or entity’s confidential information or trade secret;
  4. is fraudulent, unlawful, threatening, harassing, abusive or discriminatory;
  5. encourages criminal conduct;
  6. advertises or solicits business for products and services other than those offered or promoted on the Website, including any Content that may reasonably be considered spam, junk mail or any other type of unsolicited mass message to individuals or entities that have not agreed to receive such Content;
  7. contains or links to any virus, malware, spyware or other harmful content or code;
  8. violates any laws (including copyright, trade-mark or other intellectual property or privacy laws); or
  9. you do not have the right to submit, disseminate or transmit.
  • User Content
    The use of any Content available on the Website is at your own risk. We have no obligation to prescreen, edit or remove any Content provided by you or other users that is posted on or made available through the Website.
  • Suspension of Use; Term and Termination
    These Terms of Use commence when you first access and use the Website and will continue in effect unless otherwise terminated in accordance with the terms of these Terms of Use. SIC reserves the right to suspend, terminate or otherwise deny you use of the Website in our sole discretion at any time and for any reason, including, but not limited to, your violation of these Terms of Use. We may impose, in our sole discretion, limits on the use of the Website, without notice or liability. If you breach any term or condition of these Terms of Use, SIC may immediately terminate these Terms of Use, or cease your right to use the Website. In addition to the foregoing, SIC may, without notice, terminate these Terms of Use, immediately cease to provide you with access to the Website, if: (a) SIC is prevented from providing such to you due to any law, regulation, directive, or ruling from any governmental or regulatory authority; or (b) in SIC’s sole discretion, SIC determines that it is in SIC’s interest to stop providing such access to you. You may terminate these Terms of Use at any time by ceasing all access to and use of the Website.Upon the termination of these Terms of Use, you will immediately cease to use or otherwise access the Website.
  • Privacy Policy
    Our KegelCore Website Privacy Notice (“Privacy Notice”) sets out a description of the privacy and data practices on the Website, and is accessible at kegelcore.com/privacy-policy. Please review our Privacy Notice carefully. By using the Website, you consent to the data practises set out in the Privacy Notice.
  • Third Party Websites
    The Website may provide links to third party websites. These links are provided solely for your convenience and for the convenience of other users of the Website. We do not endorse the information, products or services described on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under our control, and if you choose to access any such website, you do so entirely at your own risk.
  • Viruses
    The downloading and viewing of Content is done at your own risk. We cannot and do not guarantee or warrant that the Website or the Content are compatible with your computer system or that the Website or the Content, or any links from the Website or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Website.
  • Communications Not Confidential
    We do not guarantee the confidentiality of any communications made by you through the Website. You understand, agree and acknowledge that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Website.
  • Health and Medical Disclaimer
    YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT:
  1. YOU SHOULD ONLY RELY ON YOUR PHYSICIAN OR OTHER HEALTH PROFESSIONAL FOR ADVICE ON ALL MEDICAL DECISIONS. THE WEBSITE IS NOT DESIGNED OR INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS OR TREATMENT AND SHOULD NOT BE USED AS A REPLACEMENT OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS OR TREATMENT; AND
  2. THE WEBSITE IS NOT INTENDED FOR USE IN EMERGENCY, CRITICAL CARE, OR OTHER HIGH RISK SITUATIONS.
  • Warranty
    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFECT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY SERVICES PERFORMED OR PROVIDED BY THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, AND SIC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ANY SUCH SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT, VIOLATION OR MISAPPROPRIATION OF THIRD PARTY RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS. SIC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, THAT THE FUNCTIONS CONTAINED ON THE WEBSITE, OR SERVICES PERFORMED OR PROVIDED BY, THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR SUCH SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR SUCH SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIC SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
  • Limitation of Liability
    YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO OR USE OF THE WEBSITE AND ANY SERVICES PERFORMED OR PROVIDED BY THE WEBSITE OR ANY CONTENT OR INFORMATION THAT MAY BE OBTAINED ON, FROM, OR THROUGH THE WEBSITE OR SUCH SERVICES, IS AT YOUR SOLE RISK. YOU ALSO ACKNOWLEDGE AND AGREE THAT SIC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SERVICE PROVIDERS AND OTHER REPRESENTATIVES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY MANNER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE, OR ANY OTHER LIABILITY, ARISING FROM, IN CONNECTION WITH, OR RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE, SUCH SERVICES OR ANY CONTENT OR INFORMATION OBTAINED BY YOU ON, FROM, OR THROUGH THE WEBSITE OR SUCH SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL,  ANTICIPATED OR OTHERWISE, AND IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION OR CLAIM, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL SIC’S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, INCLUDING FROM YOUR USE OF, OR INABILITY TO MAKE USE OF, THE WEBSITE AND ANY SERVICES PERFORMED OR PROVIDED BY THE WEBSITE OR ANY CONTENT OR INFORMATION THAT MAY BE OBTAINED ON, FROM, OR THROUGH THE WEBSITE OR SUCH SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE WEBSITE OR ANY SERVICES PERFORMED OR PROVIDED BY THE WEBSITE, EXCEED TEN CANADIAN DOLLARS ($10) (OR THE EQUIVALENT IN LOCAL CURRENCY). FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.The limitation above reflects the allocation of risk between the parties.The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose.
  • Indemnification
    You agree to defend, indemnify and hold SIC, its subsidiaries, affiliates, officers, directors, shareholders, agents, and other partners and employees, harmless from any loss, expense, liability, claim, or demand, including reasonable lawyer’s fees, arising out of, resulting from or in connection with: (a) your use or misuse of the Website or the Content; or (b) the breach of any of your obligations, representations or warranties under these Terms of Use.
  • Intellectual Property Rights
    You acknowledge and agree that the Website, the Content, and all other materials provided to you by us is licensed to you and not sold to you. SIC retains all right, title and interest (including intellectual property rights) in the Website, the Content, and all other materials provided by us hereunder, including any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein. All trademarks are the property of their respective owners. You are not authorized to use any such trademarks. The Website and the Content contains proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright. You will not use such proprietary content, information, or materials in any way whatsoever except for the Permitted Use of the Website. You agree not to remove any trademark, copyright, or other proprietary notices on or in any portion of the Website as delivered and to reproduce all such notices on and in all authorized copies.SIC shall not be obligated to indemnify or defend you with respect to any claim arising out of or relating to the Website or use of the Website. To the extent that SIC is required to provide indemnification by applicable law for any third party claim that the Website, or your use of the Website, infringes a third party’s intellectual property rights, SIC will be solely responsible for the investigation, defense, settlement and discharge of any claim that the Website or your use of it infringes any third party intellectual property right, but only where SIC is required to provide indemnification under applicable law.All Contents of the Website are: © 2016 Standard Innovation Corporation
  • Miscellaneous
    1. These Terms of Use constitute the entire agreement between you and SIC and supersedes all prior agreements between the parties regarding the subject matter contained herein.
    2. These Terms of Use will enure to the benefit of and be binding upon the parties, their successors, administrators, heirs, and permitted assigns. If any provision of these Terms of Use is held to be invalid or unenforceable to any extent, then the provision will be deemed to be severed from these Terms of Use and the remainder of these Terms of Use will continue in full force and effect.
    3.  You may not assign these Terms of Use or the rights under these Terms of Use. SIC may assign these Terms of Use and its rights under these Terms of Use without your consent.
    4.  The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any right under these Terms of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms of Use will be effective unless it is in writing and signed by all parties, and, unless otherwise provided, will be limited to the specific default or breach waived.
    5. The parties have expressly requested and required that these Terms of Use and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce contrat et tous les documents qui s’y rapportent soient rédigés en anglais.
    6.  By using the Website, you agree that a printed version of these Terms of Use and any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
    7.  SIC shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control.
    8.  These Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, and each party further consents to the exclusive jurisdiction of the courts of Ontario.
    9. The terms and conditions contained in these Terms of Use that are necessary for the interpretation hereof, or the nature and intent of which is to survive termination or expiration of these Terms of Use, will survive termination or expiration of these Terms of Use.