Are you sure? YES NO

User Agreement

(Last modified: May 25, 2018)

I.             About Scholabrate

A.           Scholabrate is an online researcher-centered platform designed to help researchers maximize their scholarly footprint, enhance their visibility, and advance their careers. Scholabrate helps researchers to develop their online researcher brand, network, share ideas, and collaborate with colleagues on research-related projects.

B.           Scholabrate’s mission is to advance knowledge by empowering those who create it — researchers.

II.            Acceptance of the Terms of Use

A.           These terms of use are entered into by and between You and Knowledge Observer Inc. (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (“Terms of Use”, “Agreement”, or “User Agreement”), govern your access to and use of Scholabrate.com, including any content, functionality, and services offered on or through the website, related mobile apps, and other services that state they are offered under this Agreement (collectively, the “Service”), whether as a guest or a registered user.

B.           Please read the Terms of Use carefully before you start to use the Service. By clicking “Join Now”, “Sign Up”, “Agree” or similar to the Terms of Use when this option is made available to you, registering, accessing or using the Service, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://scholabrate.com/privacy, incorporated herein by reference. If you do not agree to this Agreement, do NOT click "Join Now" or “Accept” (or similar) and do not access or otherwise use the Service. If you wish to terminate this contract at any time, you can do so by closing your account and no longer accessing or using the Service.

C.           Registered users of the Service are "Members" and unregistered users are "Visitors". This Agreement applies to both.

D.           To use Service, you agree that (i) you are engaged in research (whether as a student or as part of your employment); (ii) you are at least 16 years of age (“Minimum Age”) or older; (iii) you will have only one Service account, which must be in your real name; (iv) you are not already restricted by us from using the Service. By using this Service, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service. However, if law requires that you must be older than 16 years of age in order for us to lawfully provide you with the Service without parental consent (including using your personal data) then the Minimum Age is such older age.

III.          Changes to the Terms of Use

A.           We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Service.

B.           Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

C.           If you object to any changes, you may close your account.

IV.         Notices and Service Messages

A.           You agree that we may provide notices to you in the following ways: (i) a banner notice on the Service, or (ii) an email sent to an address you provided, or (iii) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.

B.           Please review your Service settings to control and limit what kind of messages you receive from us.

V.           Accessing the Service and Account Security

A.           We reserve the right to withdraw or amend the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to Visitors and Members.

B.           Scholabrate is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

C.           We may release products, services and/or features that we are still testing and evaluating (“Beta Services”). These Beta Services will be marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as Service’s other services and their use is at your own risk.

D.           You are responsible for:

1.            Making all arrangements necessary for you to have access to the Service.

2.            Ensuring that all persons who access the Service through your internet connection are aware of these Terms of Use and comply with them.

E.           To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

F.            If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You acknowledge that you are responsible for anything that happens through your account unless you close it or report misuse.

G.           We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

VI.         Intellectual Property Rights

A.           The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by Canadian, United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

B.           These Terms of Use permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

1.            Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

2.            You may store files that are automatically cached by your Web browser for display enhancement purposes.

3.            You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

4.            If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

5.            If we provide social media features with certain content, you may take such actions as are enabled by such features.

C.           You must not:

1.            Modify copies of any materials from this site.

2.            Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

3.            Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

D.           You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.

E.           If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Use, your right to use the Service will be revoked immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

VII.        Trademarks

A.           The Company name, the terms Scholabrate, Scholachat, Scholametrics, Scholaposium, Scholaschmooze, Scholascore, Scholasupport, Scholateam, Scholarly Reputation Management Dashboard, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

B.           All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.

VIII.      Prohibited Uses

A.           You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Service:

1.            In any way that violates any applicable federal, provincial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Canada or other countries).

2.            For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

3.            To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

4.            To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

5.            To impersonate or attempt to impersonate the Company, a Company employee, another Member or user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

6.            To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability.

B.           Additionally, you agree not to:

1.            Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.

2.            Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

3.            Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.

4.            Use any device, software, or routine that interferes with the proper working of the Service.

5.            Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

6.            Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

7.            Use services and/or products not included in your account.

8.            Use any device or technology to provide repeated automated attempts to access password-protected portions of the Service.

9.            Access, tamper with, or use non-public areas or parts of the Service, or shared areas of the Service you have not been invited to.

10.         Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

11.         Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service.

12.         Intercept traffic that is intended for another user whether on your local network or otherwise.

13.         Manipulate data that are exchanged between your browser and the Service, whether these data are sent to the Service or are received from it.

14.         Otherwise attempt to interfere with the proper working of the Service.

IX.         Member Contributions

A.           Service allows you to interact and share information with other Members in many ways, such as message boards, chat rooms, personal profiles, forums, and other interactive features (collectively, “Interactive Services”) that allow Members to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “Member Contributions”) on or through the Service.

B.           All Member Contributions must comply with the Content Standards set out in these Terms of Use.

C.           Member Contribution that you post may be seen by other Members or, if public, by visitors to Service. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., sharing to a group instead of your network, or limiting your profile visibility). Some features offered by the Service, such as the use of private channels and direct member-to-member communications (accessible through the Collaboration tab) are private by default and are only visible to participants of the particular channel on a “by invitation only” basis. We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

D.           As between you and us, you own the content and information that you post to the Interactive Services and you are only granting us and our affiliates the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through the Service, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

1.            You can end this license for specific content by deleting such content from Service, or generally by closing your account, except (a) to the extent you shared it with others as part of the Interactive Service and they copied, re-shared or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

2.            While we may edit and make formatting changes to Member Content (such as modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

E.           You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings.

F.            By submitting suggestions or other feedback regarding our Interactive Services to Service, you agree that we can use and share (but do not have to) such feedback for any purpose without compensation to you.

G.           You represent and warrant that:

1.            You own or control all rights in and to the Member Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

2.            All of your Member Contributions do and will comply with these Terms of Use.

H.           You understand and acknowledge that you are responsible for any Member Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

I.             We are not responsible or liable to any third party for the content or accuracy of any Member Contributions posted by you or any other Member of the Service.

J.            By using the Interactive Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review content provided by users of the Service. You agree that we are not responsible for third parties' (including other users’) content or information or for any damages as result of your use of or reliance on it.

K.           We reserve the right to limit your use of the Service, including the number of your connections and your ability to contact other users. We reserves the right to restrict, suspend, or terminate your account if we believe that you may be in breach of these Terms of Use or law or are misusing the Service.

X.           Monitoring and Enforcement; Termination

A.           We have the right to:

1.            Remove or refuse to post any Member Contributions for any or no reason in our sole discretion.

2.            Take any action with respect to any Member Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such Member Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for the Company.

3.            Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

4.            Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.

5.            Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Use.

6.            Terminate or suspend your access to all or part of the Service if you have a free non-paid account that you did not access for a period of 12 consecutive months or more. We will provide you with a one-time advanced 30-day notice using the email address associated with your account to visit your account and give you the opportunity to export files, if any, from the Service. If after such notice you fail to take the steps we ask of you, we may terminate your permanently and you will lose all your data.

B.           Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

C.           We do not undertake to review material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any Member or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

D.           You can close your account at any time. For information on how to close your account, you can visit Service’s Support Center.

E.           On termination of your Service account, you lose the right to access or use the Service. The following shall survive termination:

1.            Our rights to use and disclose your feedback.

2.            Members' and/or Visitors' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination.

3.            Sections XIX, XX, XXI, XXII, XXIII, and XXIV of this Agreement.

4.            Any amounts owed by either party prior to termination remain owed after termination.

XI.         Content Standards

A.           These content standards apply to any and all Member Contributions and use of Interactive Services. Member Contributions must in their entirety comply with all applicable federal, provincial, local, and international laws and regulations. Without limiting the foregoing, Member Contributions must not:

1.            Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

2.            Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

3.            Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

4.            Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

5.            Be likely to deceive any person.

6.            Promote any illegal activity, or advocate, promote, or assist any unlawful act.

7.            Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

8.            Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

9.            Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.

10.         Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

XII.        Copyright Infringement

A.           We respect copyright law and expect Visitors and Members of the Service to do the same. Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is an infringement of the copyright holder’s rights. The Company will terminate the accounts of Members who are repeat infringers of the copyrights, or other intellectual property rights, of others.

B.           In accordance with the Canada’s Copyright Act (R.S.C., 1985, c. C-42), we will respond expeditiously to claims of copyright infringement committed using the Service that are reported to us. If the Member of this Service is a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report notice of infringement by delivering us a notice in the form prescribed below:

1.            A notice of claimed infringement should be in writing in the form, if any, prescribed by regulation and containing the following information:

a)           state your name and address and any other particulars prescribed by regulation that enable communication with you;

b)           identify the work or other subject-matter to which the claimed infringement relates;

c)            state your interest or right with respect to the copyright in the work or other subject-matter;

d)           specify the location data for the electronic location (for example, URL) to which the claimed infringement relates. You must provide us with reasonably sufficient information to locate the allegedly infringing material;

e)           specify the infringement that is claimed;

f)             specify the date and time of the commission of the claimed infringement; and

g)           contain any other information that may be prescribed by regulation.

C.           All claims of copyright infringement should be delivered to us to our mailing address or by email:

D.           Mail: Knowledge Observer Inc., 214-398 Steeles Avenue West, Thornhill, ON, L4J-6X3, Canada

E.           Email: [email protected]

F.            By submitting a complaint, you represent, under penalty of perjury, that the above information is accurate, that you are the copyright owner or are authorized to act on such person's behalf, and that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

G.           Upon receipt of a notice of claimed infringement, we will, as soon as feasible, forward the notice electronically to the person to whom the electronic location identified by the location data specified in the notice belongs and inform the claimant of its forwarding or, if applicable, of the reason why it was not possible to forward it.

H.           Until resolution of the claimed infringement between the parties, we will remove or disable access to the allegedly infringing material from the electronic location identified by the location data specified in the notice belongs.

XIII.      Reliance on Information Posted 

A.           The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

B.           This Service includes content provided by third parties, including materials provided by other Members, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

XIV.      Changes to the Service

A.           We may change, suspend or end any product or service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

B.           Service is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as in our Privacy Policy.

XV.       Information About You and Your Visits to the Service

A.           All information we collect on this Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

XVI.      Linking to the Service and Social Media Features

A.           You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

B.           This Service may provide certain social media features that enable you to:

1.            Link from your own or certain third-party websites to certain content on this Service.

2.            Send emails or other communications with certain content, or links to certain content, on this Service.

3.            Cause limited portions of content on this Service to be displayed or appear to be displayed on certain third-party websites.

4.            Authenticate yourself during registration to Service using a third-party app or website.

C.           You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. Subject to the foregoing, you must not:

1.            Establish a link from any website that is not owned by you.

2.            Cause the Service or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

3.            Link to any part of the Service other than the homepage or your Member profile page.

4.            Otherwise take any action with respect to the materials on this Service that is inconsistent with any other provision of these Terms of Use.

D.           Third-party websites and apps have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Service is not responsible for these other sites and apps.

E.           You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

F.            We may disable all or any social media features and any links at any time without notice in our discretion.

XVII.    Links from the Service

A.           The Service may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Company does not intend links on the Company Web site to be endorsements of the linked entities.

XVIII.   Automated Processing

A.           The Service uses information and data that you provide and that we have about Members to make recommendations for connections, content, and features that may be useful or of interest to you. Keeping your profile current and accurate helps us make these recommendations more accurate and relevant.

XIX.      Disclaimer of Warranties

A.           You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

B.           YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

C.           TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

D.           THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XX.       Limitation on Liability

A.           TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

B.           THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XXI.      Indemnification

A.           You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, your Member Contributions, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Service.

XXII.    Governing Law and Jurisdiction

A.           All matters relating to the Service and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario, Canada or any other jurisdiction).

B.           Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the courts of the Province of Ontario, Canada although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

C.           We make no warranty or representation that any or all materials and services provided on the Service are lawful in other jurisdictions or available for use in all jurisdictions. You agree that if you access the Service outside of Canada, you are responsible for compliance with local laws.

XXIII.   Limitation on Time to File Claims

A.           ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

XXIV.  Waiver and Severability

A.           No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

B.           If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

XXV.    Entire Agreement

A.           The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Knowledge Observer Inc. regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

XXVI.  Contacting Us

A.           If you want to contact us, you can do so online, by email, or mail (Knowledge Observer Inc., 214-398 Steeles Avenue West, Thornhill, ON, L4J 6X3, Canada).

Icons made by Google from www.flaticon.com is licensed by CC 3.0 BY
Icons made by SimpleIcon from www.flaticon.com is licensed by CC 3.0 BY
Icons made by Freepik from www.flaticon.com is licensed by CC 3.0 BY
Icons made by Hanan from www.flaticon.com is licensed by CC 3.0 BY

new badge
earned

new badge
earned

new badge
earned

awesome! you just earned the badge!
let’s see if you can earn more...


awesome! you just earned the badge!
let’s see if you can earn more...


awesome! you just earned the badge!
let’s see if you can earn more...


awesome! you just earned the badge!
let’s see if you can earn more...