Changes to the Terms and the 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.
Permitted Uses of the Site
You acknowledge and agree that you may use this site and the contents 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.
Fundserv Information: Confidential and Proprietary Information
You acknowledge that there is underlying proprietary information and materials relating to this site 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.
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. Fundserv trade names and trademarks include, without limitation, Fundserv, the Fundserv logo, NSR, INSURESERV, MRN, N$M, REPORT & DESIGN, FundSTATE, FUNDportal, FUNDcom, IDentity, and @lert.
Disclaimer and Limitation of Liability
YOUR USE OF THE 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 BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF AN AUTHORIZED REPRESENTATIVE OF Fundserv HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, 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 CAUSED BY YOUR COMPUTER EQUIPMENT OR ARISING FROM YOUR USE OF THIS SITE ON SUCH EQUIPMENT, OR (III) ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. (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 OR “TROJAN HORSES” AND IS NOT LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. Fundserv IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE SITE. Fundserv AND/OR THIRD PARTY CONTRIBUTORS TO THIS SITE MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THE TERMS.
The content of websites that are linked from, or to, this site are 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.
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 this agreement and waive any objection to the propriety or convenience of venue in such courts.
Unenforceable or Invalid Term
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.