Changes to the Terms and this Site
From time to time, Fundserv Inc. (“Fundserv”) may:
modify the Terms, so please review the Terms whenever using this site; and
change any aspect of this site (including the content or technical specifications) without notice. Your continued use of this site signifies your acceptance of such modifications and changes, so check back frequently to read the most recent version.
Permitted Uses of this Site
You acknowledge and agree that you may use this site and its contents (collectively, “Content”) to ascertain general information about Fundserv provided that your use is not illegal, does not adversely affect the use of this site and is not in any manner inconsistent with the Terms.
In its sole discretion, in addition to any other rights or remedies available to Fundserv and without any liability whatsoever, Fundserv at any time and without notice may terminate or restrict your access to any component of this site.
Fundserv Information: Confidential and Proprietary Information
You acknowledge that there is underlying proprietary information and materials relating to this site and the Content, and that Fundserv is the exclusive owner of all such proprietary information and materials (collectively, the “Fundserv Information”). No right, title or interest in or to the Fundserv Information or any part thereof is given or otherwise conveyed hereunder. The Fundserv Information may contain technical inaccuracies or typographical errors and may be modified at any time without notice.
Use of Fundserv Trade Names and Trademarks
You shall not use any of Fundserv’s trade names or trademarks in any manner whatsoever without the prior written consent of Fundserv.
Disclaimer and Limitation of Liability
The Fundserv Information is believed to be reliable and accurate at the time it is posted. However, your use of this site is at your sole risk. Everything on this site is provided “as is”. Fundserv makes no representation, warranty or condition of any kind, express or implied, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use.
Under no circumstances, including but not limited to negligence, shall Fundserv, its suppliers or its third-party agents, and their respective officers, directors, employees, consultants, representatives and agents (collectively, “Fundserv Parties”) be liable to you or any third party for direct, indirect, incidental, consequential, special, punitive or exemplary damages, or loss of revenue or anticipated profits or lost business, even if an authorized representative of Fundserv has been advised specifically of the possibility of such damages, including without limitation where arising from: (i) use of, inability to use, or otherwise arising in connection with this site or any links or items on this site; (ii) any fault, inaccuracy, omission, delay or any other failure in this site or arising from your use of this site; or (iii) any provision of the terms. (Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages.)
Without limiting the generality of the foregoing, Fundserv does not warrant that this site is compatible with your equipment or is free of errors, viruses, worms, trojan horses or malware, and is not liable for any damage or loss you may suffer as a result of such destructive features. Fundserv is also not responsible for the reliability or continued availability of this site. Fundserv and third party contributors to this site may choose at any time to modify, remove, inhibit or prohibit its and their content from being accessed.
Additional terms and conditions will apply to the various services of Fundserv. Additional terms and conditions may also apply to specific web site functions available on this site.
You will indemnify and save harmless the Fundserv Parties from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of this site.
The content of websites that are linked from, or to, this site is not maintained or controlled by Fundserv. Fundserv is not responsible for the availability, content or accuracy of linked websites. Fundserv does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, this site; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to this site; or (c) make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to this site.
If you provide Fundserv with feedback by email or otherwise regarding this site (“Customer Content”), then you grant Fundserv a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant Fundserv the right to use the name you submit with the Customer Content, if any, in connection with Fundserv’s rights hereunder.
The laws of the Province of Ontario and the laws of Canada applicable therein shall govern the interpretation of the Terms. You agree to submit to the jurisdiction of the provincial and federal courts located in the City of Toronto with respect to any legal proceedings arising out of the Terms or this site and waive any objection to the propriety or convenience of venue in such courts.
Unenforceable or Invalid Terms
If any Term is found to be unenforceable or invalid for any reason, it will be deemed severed from the Terms, and all other Terms shall remain in full force and effect.
These Terms, together with those incorporated or referred to herein, constitute the entire agreement between Fundserv and you relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Fundserv as set forth above.