PLEASE READ THE FOLLOWING TERMS OF SERVICE BEFORE USING OR ACCESSING THE FUNDICA.COM WEBSITE (THE "SITE") AND RELATED FUNDING RESEARCH AND CONSULTING SERVICES (THE "SERVICES") PROVIDED BY 4037201 CANADA INC ("FUNDICA").
1. REGISTRATION AND CONSENT TO USE DATA
In order to use the Site and the Services, You must register to create an account and You will be asked to provide certain information about Your company and/or You, including contact information and certain other specific information depending on the purposes for which You are using the Site and/or the Services. Fundica will collect and use this information for the purposes of managing your account and providing the Services. You represent and warrant that You are authorized to provide all the information You provide upon registration for the Services, and that the information You provide is accurate, current and truthful information. You also hereby authorize Fundica to display Your company logo, company image, personal picture, and/or any other information you choose to provide during the registration process in the search results portion of the Site or in any other appropriate location on the Site.
You agree to pay all applicable fees and charges under this Agreement, including registration fees and any applicable taxes or charges imposed by any government entity. You acknowledge that Fundica.com may change its pricing for the Site and the Services at any time.
4. ACCOUNT SECURITY CONDITIONS
You will receive a password and account designation upon completing the registration process for the Site and the Services. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur using Your password or account. You agree to (a) immediately notify Fundica of any unauthorized use of Your password or account or any other breach of security; (b) provide complete and current information whenever and wherever it is requested on the Site and, (c) ensure that You exit from Your account at the end of each session. Fundica cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section.
5. MEMBER CONDUCT
You may only view, copy or print material available on the Site or through the Services for Your own use, and may not distribute or reproduce any material from the Site or use the Services for anything other than its intended purpose. You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If You in any way Interfere with the Site, You agree to pay all damages incurred by Fundica, including any consequential damages, and agree that the measure of harm to evaluate such damages will be the highest estimate of damages as provided for by Fundica. Your Interference with the Site relieves Fundica of any of its contractual and any other legal obligations to You. Fundica will cooperate with the authorities in prosecuting any User who Interferes with the Site, attempts to defraud Fundica, or attempts to defraud credit card companies or any other persons through User's use of the Site or Services.
6. INTELLECTUAL PROPERTY
The Site is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Canada, the United States and other countries. The Services and any related processes are protected by patents (either pending or registered), trademarks, service marks, international treaties, and/or other proprietary rights and laws of Canada, the United States and other countries. You agree to abide by all applicable intellectual property laws and other laws. This Agreement grants You no right, title, or interest in any intellectual property owned or licensed by Fundica, including, without limitation, its trademarks and/or patents (either pending or registered), and creates no direct relationship between You and Fundica other than that of user and service provider under this Agreement.
Fundica agrees not to use Your Confidential Information (defined below) for any purpose except to operate the Site and Services in accordance with this Agreement. Fundica agrees not to disclose any of Your Confidential Information to any third party other than to Fundica's employees and consultants and certain other third parties who are bound by confidentiality obligations and are required to have access to the Confidential Information in order to operate the Site and perform the Services. Nothing in this Agreement limits Fundica's 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 provided by You through Your use of the Site or the Services, (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 Fundica; (iii) is already in Fundica's possession at the time of disclosure by You; (iv) is obtained by Fundica from a third party without a breach of such third party's obligations of confidentiality; (v) is independently developed by Fundica without use of or reference to Your Confidential Information; or (vi) is required by law to be disclosed by Fundica, provided that Fundica gives You written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.
8. MODIFICATIONS TO SERVICE
Fundica reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services or the Site (or any part thereof) with or without notice. You agree that Fundica shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site or the Services. You agree that Fundica has no responsibility or liability for the deletion or failure to store any survey data or other content maintained or transmitted for the purposes of the Site or the Services. You acknowledge that Fundica reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that Fundica reserves the right to change the general practices and limits set forth in this Section 8 at any time, in its sole discretion, with or without notice.
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from Fundica if You fail to comply with any term(s) or conditions of this Agreement, in Fundica's sole discretion. Upon termination of this Agreement, You must cease to use the Site and the Services and Fundica may block its IP address or addresses to You, thereby disallowing Your continued use of the Site.