Last updated: August 19, 2020
YOU ACKNOWLEDGE AND AGREE THAT: (A) THE CONTENTS, INFORMATION AND MATERIALS PROVIDED THROUGH THE SERVICES INCLUDING THAT ARE CONTAINED ON THE WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise.
We reserve the right to change the Services including by removing or changing information and material on the Website at any time, without notice.
, which contains important information about our practices in collecting, storing, using and disclosing information about identifiable individuals (“Personal Information”).
You represent and warrant to us that any data, information, records, files, pictures, videos, music or other materials or content that you load, transmit to, enter into or make available to the Services (“User Data”) will only contain Personal Information in respect of which you have provided all necessary notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to make available the Services.
Intellectual Property Rights; Ownership
THE UNDERSTORY is the trade name and mark of 12263262 Canada Inc.. Any trademarks, graphics or logos appearing in the Service are the exclusive property of The Understory or its licensors and may not be used in any manner without our express written consent.
Certain User Responsibilities
You agree to: (a) comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, privacy any export control laws; (b) upload and disseminate only data to which you own all required rights under law and do so only consistent with applicable law; and (c) use reasonable efforts to prevent unauthorized access to or use of the Services.
No Unlawful or Prohibited Use
You will not, directly or indirectly:
- send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on or through the Services any User Data that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
- disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g., a denial of service attack);
- attempt to gain unauthorized access to the Services;
- use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Services or any part thereof or otherwise attempt to discover any source code;
- use the Services for the purpose of building a similar or competitive product or service; or
- authorize, permit, enable, induce or encourage any third party to do the above.
You acknowledge and agree that you, not The Understory, are fully responsible for any User Data you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy.
None of the User Data will be subject to any confidentiality by The Understory. By providing any User Data , you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Data.
You will not, directly or indirectly, send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on or through the Services any User Data that:
- contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
- you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate;
- is false, intentionally misleading, or impersonates any other person;
- is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
- is harmful to minors in any way or targeted at minors;
- infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or
- encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability.
Third Party Content, Websites or Services; Additional Terms
The Services may provide links or access to third party content, websites or services and we may allow you to access the Services from third party systems. The Understory does not endorse any third-party content, websites, products, services or systems, or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. Third party content, websites, products, services or systems are not under the Understory’s control and if you choose to access or purchase any such content, websites, products or services, or to access the Services from such systems, you do so entirely at your own risk.
You are prohibited from attempting to circumvent and from violating the security of the Services. You may not: (a) access content that is not intended for you; (b) attempt to breach or breach the Services security or authentication measures; (c) restrict, disrupt or disable service to the Services’ users, hosts, servers or networks by any means; or (d) otherwise attempt to interfere with the proper working of the Services, including by introducing any material that is malicious or technologically harmful.
You acknowledge and agree that the transmission of User Data via the Internet or public networks is not completely secure. Although we take reasonable precautions to protect User Data, we cannot guarantee the security of User Data. Any transmission of User Data is at your own risk. We do not guarantee the confidentiality of any communications made by you through the Services.
No Reliance; Disclaimer
The content provided through the Services including on the Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
This Services may include content provided by third parties, including from other users and third-party licensors. All statements or opinions expressed in any such third-party content, other than the content provided by The Understory, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of The Understory.
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SECURITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR THAT THE SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
Limitation of Liability
The Understory has the right, without provision of notice, to:
- remove or refuse to post on the Services any User Data for any or no reason;
- take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services
- cooperate with any law enforcement authorities or court order requesting or directing us to disclose User Data or the identity or other information of anyone posting any materials on or through the Services; and
YOU WAIVE AND HOLD HARMLESS THE UNDERSTORY AND ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE UNDERSTORY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Services or its use, and do not and cannot undertake to review material that you or other users submit to the Services. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
The Understory makes no representation that the Services are available for use in locations outside Canada or the United States or in all locations within Canada and the United States. The Services are available for use in the jurisdictions listed on the Website, which may be updated by The Understory from time to time. We provide these Services for use only by persons located in Canada or the United States. This site is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada or the United States, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.