TERMS OF SERVICE
Please read the following terms of service before using or accessing Fundica.com. Fundica.com is a website and service provided by 4037201 Canada Inc. The company name, Fundica, and fundica.com are used interchangeable in this agreement. You are subject to the following terms and conditions of use in using Fundica.com.
ANY PERSON OR ENTITY («USER») ACCESSING THE FUNDICA.COM WEB SITE (THE «SITE» OR «SERVICE») OR ANY OF THE INFORMATION CONTAINED HEREIN AGREES TO AND IS LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THE FUNDICA.COM WEB SITE TERMS OF SERVICE («AGREEMENT») AND BY THE TERMS OF FUNDICA.COM PRIVACY POLICY WHICH IS AVAILABLE: (LINK TO SEPARATE PAGE): IF YOU ARE NOT IN COMPLETE AGREEMENT WITH THESE TERMS YOU SHOULD IMMEDIATELY REFRAIN FROM USING FUNDICA.COM. FUNDICA.COM RESERVES THE RIGHT TO CHANGE OR MODIFY THE TERMS OF SERVICE AND CONDITIONS TO ITS PRIVACY POLICY AT ANY TIME.
If you have any questions or concerns about our terms of service or privacy policy please e-mail us: contact@fundica.com or call us: 1-855-386-3422.
You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that Fundica.com may change its pricing at any time.
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Fundica.com of any unauthorized use of your password or account or any other breach of security; (b) you agree to provide complete and current information wherever it is asked on the website and, (c) ensure that you exit from your account at the end of each session. Following the User's registration, Fundica may elect to display the User's company logo or image in the search results page or other appropriate location on the Fundica web site. Fundica.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Users can only view, copy or print material from Fundica.com for their own use, they cannot distribute or reproduce any material from the website or use Fundica.com for anything else then its intended purpose. User agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with Fundica.com's web site in any manner. If User in any way interferes with Fundica.com's web site, User agrees to pay all damages incurred by Fundica.com, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by Fundica.com. User's Interference with Fundica.com's web site relieves Fundica.com of any of its contractual or other legal obligations to User, including Fundica.com's obligations under its Privacy Policy. Fundica.com will cooperate with the authorities in prosecuting any User who Interferes with Fundica.com's web site, attempts to defraud Fundica.com, or attempts to defraud credit card companies or any other parties through User's use of Fundica.com's web site or services. Fundica.com reserves the right to refuse any or all service to any User for any reason, at any time, at Fundica.com's sole discretion. User agrees that Fundica.com may block its IP address or addresses at any time, and at Fundica.com's sole discretion, thereby disallowing User's continued use of Fundica.com's web site.
Fundica's privacy policy is available at www.fundica.com/index.php?Page_Index=PrivacyPolicy. By using Fundica.com you agree to Fundica.com's Privacy Policy.
We agree not to use any of your Confidential Information (defined below) for any purpose except to operate the Site and Services in accordance with this Agreement. We agree not to disclose any of your Confidential Information to any third party other than to our employees and consultants who are bound by confidentiality obligations and are required to have access to the Confidential Information in order to operate the Site and Services. Nothing in this Agreement limits our 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 entered into the Services or Site by you, (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 (including revenues and sales); 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 ours; (iii) is already in our possession at the time of disclosure by you; (iv) is obtained by us from a third party without a breach of such third party's obligations of confidentiality; (v) is independently developed by us without use of or reference to your Confidential Information; or (vi) is required by law to be disclosed by us, provided that we give you prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.
Fundica.com is committed to being a trusted member of the Internet community. As such, we have adopted a firm anti-spam stance. Spam can deluge a recipient's email box and waste the recipient's time and money. Spam often causes recipients to complain to their Internet Service Providers who in turn may block or restrict access from legitimate services like Fundica.com, and Users, like you. To help recipients be free from spam, and to maximize the availability of our Services to our community of Users, we have taken a "zero tolerance" stand against spam. We will terminate the account of any User determined to have used the Services in connection with any spam email or otherwise breached these Terms of Use. We reserve the right to terminate your account(s) and your use of the Services, without notice, if we believe your activities are not in compliance with this Anti-Spam policy. We thank you for your compliance with our Anti-Spam policy and your commitment to good emailing practices. If you suspect that Fundica.com has been used to send spam, please contact us immediately at abuse@fundica.com and we will investigate accordingly.
Fundica.com reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fundica.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Fundica.com has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that Fundica.com reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that Fundica.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Fundica.com makes no claims or representations about any Web Site not under Fundica's control that a User may access from Fundica.com's web site-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by Fundica.com or otherwise on Fundica.com's web site does not constitute Fundica.com's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site. Fundica's terms of use no longer govern users when they are accessing other websites, users may be subject to separate license agreements.
THIS AGREEMENT IS GOVERNED BY, THE LAWS OF THE PROVINCE OF QUEBEC, THE PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA. THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FUNDICA.COM SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE FUNDICA.COM SITES/SERVICES AND TO THE INFORMATION THEREIN. FUNDICA.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN FUNDICA.COM SITES/SERVICES AT ANY TIME. FUNDICA.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE FUNDICA.COM SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FUNDICA.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL FUNDICA.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FUNDICA.COM SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE FUNDICA.COM SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE FUNDICA.COM SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE FUNDICA.COM SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FUNDICA.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FUNDICA.COM SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FUNDICA.COM SITES/SERVICES. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OR PORTION OF THE TERMS OF USE TO BE UNENFORCEABLE, THE REMAINDER OF THE TERMS OF USE WILL CONTINUE IN FULL FORCE AND EFFECT. THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES AND REPLACES ALL PRIOR OR CONTEMPORANEOUS UNDERSTANDINGS OR AGREEMENTS, WRITTEN OR ORAL, REGARDING SUCH SUBJECT MATTER. ANY WAIVER OF ANY PROVISION OF THE TERMS OF USE WILL BE EFFECTIVE ONLY IF IN WRITING AND SIGNED BY FUNDICA.COM.
ANY PERSON OR ENTITY («USER») ACCESSING THE FUNDICA.COM WEB SITE (THE «SITE» OR «SERVICE») OR ANY OF THE INFORMATION CONTAINED HEREIN AGREES TO AND IS LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THE FUNDICA.COM WEB SITE TERMS OF SERVICE («AGREEMENT») AND BY THE TERMS OF FUNDICA.COM PRIVACY POLICY WHICH IS AVAILABLE: (LINK TO SEPARATE PAGE): IF YOU ARE NOT IN COMPLETE AGREEMENT WITH THESE TERMS YOU SHOULD IMMEDIATELY REFRAIN FROM USING FUNDICA.COM. FUNDICA.COM RESERVES THE RIGHT TO CHANGE OR MODIFY THE TERMS OF SERVICE AND CONDITIONS TO ITS PRIVACY POLICY AT ANY TIME.
If you have any questions or concerns about our terms of service or privacy policy please e-mail us: contact@fundica.com or call us: 1-855-386-3422.
1. PAYMENT
You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that Fundica.com may change its pricing at any time.
2. REGISTRATION DATA AND ACCOUNT SECURITY CONDITIONS
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Fundica.com of any unauthorized use of your password or account or any other breach of security; (b) you agree to provide complete and current information wherever it is asked on the website and, (c) ensure that you exit from your account at the end of each session. Following the User's registration, Fundica may elect to display the User's company logo or image in the search results page or other appropriate location on the Fundica web site. Fundica.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
3. MEMBER CONDUCT
Users can only view, copy or print material from Fundica.com for their own use, they cannot distribute or reproduce any material from the website or use Fundica.com for anything else then its intended purpose. User agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with Fundica.com's web site in any manner. If User in any way interferes with Fundica.com's web site, User agrees to pay all damages incurred by Fundica.com, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by Fundica.com. User's Interference with Fundica.com's web site relieves Fundica.com of any of its contractual or other legal obligations to User, including Fundica.com's obligations under its Privacy Policy. Fundica.com will cooperate with the authorities in prosecuting any User who Interferes with Fundica.com's web site, attempts to defraud Fundica.com, or attempts to defraud credit card companies or any other parties through User's use of Fundica.com's web site or services. Fundica.com reserves the right to refuse any or all service to any User for any reason, at any time, at Fundica.com's sole discretion. User agrees that Fundica.com may block its IP address or addresses at any time, and at Fundica.com's sole discretion, thereby disallowing User's continued use of Fundica.com's web site.
4. PRIVACY POLICY
Fundica's privacy policy is available at www.fundica.com/index.php?Page_Index=PrivacyPolicy. By using Fundica.com you agree to Fundica.com's Privacy Policy.
5. CONFIDENTIALITY
We agree not to use any of your Confidential Information (defined below) for any purpose except to operate the Site and Services in accordance with this Agreement. We agree not to disclose any of your Confidential Information to any third party other than to our employees and consultants who are bound by confidentiality obligations and are required to have access to the Confidential Information in order to operate the Site and Services. Nothing in this Agreement limits our 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 entered into the Services or Site by you, (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 (including revenues and sales); 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 ours; (iii) is already in our possession at the time of disclosure by you; (iv) is obtained by us from a third party without a breach of such third party's obligations of confidentiality; (v) is independently developed by us without use of or reference to your Confidential Information; or (vi) is required by law to be disclosed by us, provided that we give you prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.
6. ANTI-SPAM POLICY
Fundica.com is committed to being a trusted member of the Internet community. As such, we have adopted a firm anti-spam stance. Spam can deluge a recipient's email box and waste the recipient's time and money. Spam often causes recipients to complain to their Internet Service Providers who in turn may block or restrict access from legitimate services like Fundica.com, and Users, like you. To help recipients be free from spam, and to maximize the availability of our Services to our community of Users, we have taken a "zero tolerance" stand against spam. We will terminate the account of any User determined to have used the Services in connection with any spam email or otherwise breached these Terms of Use. We reserve the right to terminate your account(s) and your use of the Services, without notice, if we believe your activities are not in compliance with this Anti-Spam policy. We thank you for your compliance with our Anti-Spam policy and your commitment to good emailing practices. If you suspect that Fundica.com has been used to send spam, please contact us immediately at abuse@fundica.com and we will investigate accordingly.
7. MODIFICATIONS TO SERVICE
Fundica.com reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fundica.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Fundica.com has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that Fundica.com reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that Fundica.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
8. LINKS TO THIRD PARTIES
Fundica.com makes no claims or representations about any Web Site not under Fundica's control that a User may access from Fundica.com's web site-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by Fundica.com or otherwise on Fundica.com's web site does not constitute Fundica.com's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site. Fundica's terms of use no longer govern users when they are accessing other websites, users may be subject to separate license agreements.
9. LIABILITY DISCLAIMER
THIS AGREEMENT IS GOVERNED BY, THE LAWS OF THE PROVINCE OF QUEBEC, THE PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA. THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FUNDICA.COM SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE FUNDICA.COM SITES/SERVICES AND TO THE INFORMATION THEREIN. FUNDICA.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN FUNDICA.COM SITES/SERVICES AT ANY TIME. FUNDICA.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE FUNDICA.COM SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FUNDICA.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL FUNDICA.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FUNDICA.COM SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE FUNDICA.COM SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE FUNDICA.COM SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE FUNDICA.COM SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FUNDICA.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FUNDICA.COM SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FUNDICA.COM SITES/SERVICES. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OR PORTION OF THE TERMS OF USE TO BE UNENFORCEABLE, THE REMAINDER OF THE TERMS OF USE WILL CONTINUE IN FULL FORCE AND EFFECT. THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES AND REPLACES ALL PRIOR OR CONTEMPORANEOUS UNDERSTANDINGS OR AGREEMENTS, WRITTEN OR ORAL, REGARDING SUCH SUBJECT MATTER. ANY WAIVER OF ANY PROVISION OF THE TERMS OF USE WILL BE EFFECTIVE ONLY IF IN WRITING AND SIGNED BY FUNDICA.COM.