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Terms and Conditions

As of March 7, 2016

This website and any of its sub-sites or microsites (together the “Site”) are provided by Sulon Technologies Inc., its subsidiaries and affiliates (“Sulon” “we” or “us”). Our head office is located at 226 Esna Park Drive, Suite 200, Markham, Ontario, Canada L3R 1H3.

By using the Site you agree to the terms and conditions outlined in these terms of use (the “Terms”). Do not access the Site if you do not agree to these Terms. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Through the Site we also provide information about Sulon. We may also offer services or products through the Site. These services and products are subject to these Terms, and may also be subject to additional terms available with those services or products. If so, the additional terms, if any, also form part of your agreement with us, and if there is a conflict between these Terms and the additional terms, the additional terms, if any, will control for that conflict.

Changes to these Terms

Please check these Terms periodically for changes because we reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Content

All text, graphics, user interfaces, visual interfaces, layouts, photographs, videos, trade-marks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of the Content, contained on the Site is owned, controlled or licensed by or to Sulon, and is protected by trade dress, copyright, trade-mark laws, and various other intellectual property rights and unfair competition laws.

You may use information about Sulon and its products and services (such as press kits and similar materials) made available by Sulon for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use the information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to the information, and (4) not make any additional representations or warranties relating to the information. If you are a member of the press and wish to use any of the Content for journalistic purposes, please contact us via email at press@sulontechnologies.com.

Your Use of the Site

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Sulon server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other means.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Sulon on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of an illegal or tortious activity, or any other activity which infringes the rights of Sulon or others.

Contacting You

The Site includes the ability for you to subscribe to Sulon’s updates mailing list. We use a third party service called MailChimp to help us create, send and manage the email messages you receive from us. If you wish to unsubscribe from this mailing list, you may do so at any time by clicking the “unsubscribe” link which is included in each of the messages that we send you. More information about MailChimp’s privacy practices is available at http://mailchimp.com/legal/privacy. We will not use your email address for any purpose other than providing you with updates about Sulon and our products and services.

Sulon does not accept the services of unsolicited recruiters, headhunters, or third party recruiting agencies in response to job postings. Please do not contact Sulon unless our Talent Acquisition team has expressly requested to work together on a job opening. No placement fees will be paid to any firm unless such a request has been made by Sulon.

Submitted Ideas or Feedback

You may choose to, or Sulon may invite you to, submit comments, suggestions, feedback or ideas about the Site and/or Sulon products or services, including without limitation how to improve the Site or how to improve, develop or introduce Sulon products, services or software or features (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, non-confidential, gratuitous and non-committal, and will not place Sulon under any fiduciary or other obligation. You grant to Sulon and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free licence to use any Ideas without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The licence shall include, without limitation, the worldwide, perpetual and irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Ideas, and all rights therein, in the name of Sulon, or its designees, in any media now or hereafter known. You understand that Sulon may be working on the same or similar Ideas, that it may already know of such Ideas from other sources, that it may simply wish to develop this (or similar Ideas) on its own or it may have taken/will take some other action.

Third Party Sites

The Site may contain links to other web sites operated by third parties (“Third Party Sites”). Third Party Sites are not under our control. We provide these links only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You hereby release Sulon and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with Third Party Sites.

Warranty Disclaimers

THE SITE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND SULON AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SULON FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Sulon reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL SULON BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SULON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding these provisions, Sulon is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, Sulon’s liability will in no event exceed $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnification

You (and also any third party for whom you operate an account or activity on the Site) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal fees and costs, arising out of or in any way connected with any of the following: (i) your access to or use of the Site; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Void Where Prohibited

Sulon administers and operates the Site from its location in Markham, Ontario, Canada. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. Sulon reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside of Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

General Terms

These Terms, and any disputes related to these Terms, are governed by the laws of the Province of Ontario without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Any dispute related to the Site and these Terms is to be heard in the federal and provincial courts located in the Province of Ontario.

These Terms, together with any additional terms with Sulon that you agree to by using a product or service available through the Site, or by affirmatively agreeing to the additional terms, are the entire agreement between you and Sulon regarding the use of the Site. Any failure by Sulon to exercise or enforce any right or provision of these Terms is not a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.

These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Sulon’s prior written consent. These Terms may be assigned by Sulon without restriction. These Terms are binding upon any permitted assignee.

Sulon may provide notifications to you as required by law or for marketing or other purposes via (at its option) email, hard copy, or posting of such notice on the Site. Sulon is not responsible for any automatic filtering you or your network provider may apply to email notifications.

© 2014-2016, Sulon Technologies Inc. All rights reserved. Sulon reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.