The www.sylogist.com website (“Website”) is owned and operated by Sylogist Ltd. ( “Sylogist”).
1. Your Acceptance of These Terms
“Website” means all of the Website’s content (including all text, graphics, images, video, and other elements available on or through the Website) and the design, structure, selection, arrangement and look and feel of each element of Website content and the www.sylogist.com website as a whole.
3. Permitted Users
Sylogist may not make the Website Services available in all markets and jurisdictions, and Sylogist may restrict or prohibit use of the Services from certain jurisdictions. If you are registering to use the Website Services on behalf of a legal entity, you represent and warrant that: (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
4. Permitted Use of the Website and the Website Services
5. Registration, Accounts and Security
You are responsible for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law. You will not use any Account other than your own or access the Account of any other user at any time or assist others in obtaining unauthorised access. You may not open more than one Account at a time.
If there is any suspicious activity related to your Account, we may, but are not obligated to, request additional information from you. You must comply with these security requests or accept termination of your Account.
6. Termination and Suspension
You may close your Account at any time. Upon notice to you, Sylogist may close or temporarily suspend your Account, prohibit access to the Website or the Website Services, if Sylogist believes you are in breach of these Terms or any other requirements of Sylogist for the use of the Website Services, for technical reasons, infringing the intellectual property, using the Website Services for any illegal purposes, contractual or privacy rights of any third party, pursuant to any judicial or law enforcement order or request, any other illegal or tortious acts, or for any reason in Sylogist’s discretion.
7. No Advice and Forward-looking Statements
The Website is for general informational purposes only, and is not, and should not be construed or interpreted as, professional advice or recommendations (including legal, financial, accounting, payroll, tax, investment or other professional advice). It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any information obtained on or through the Website or the Website Services.
The Website may contain forward-looking statements relating to the future operations and profitability of Sylogist and other statements that are not historical facts. Forward-looking statements are often identified by terms such as “may”, “should”, “anticipate”, “expects” and similar expressions. Any statements that are contained on the Website that are not statements of historical fact may be deemed to be forward-looking statements. Such forward-looking statements are subject to important risks, uncertainties and assumptions. You are cautioned that assumptions used in the preparation of any forward-looking information may prove to be incorrect. Events or circumstances may cause actual results to differ materially from those predicted, as a result of numerous known and unknown risks, uncertainties, and other factors, many of which are beyond the control of Sylogist. As a result, we cannot guarantee that any forward-looking statement will materialize and you are cautioned not to place undue reliance on any forward-looking information. Such information, although considered reasonable by management at the time of preparation, may prove to be incorrect and actual results may differ materially from those anticipated. Forward-looking statements contained in this presentation are expressly qualified by this cautionary statement. The forward-looking statements
contained on the Website are made as of the date indicated, and Sylogist does not undertake any obligation to update publicly or to revise any of the included forward-looking statements, whether as a result of new information, future events or otherwise, except as expressly required by Canadian securities law. Refer to management discussion and analysis on SEDAR for further information on risks, uncertainties, and other factors.
Certain information set out in this presentation may be considered as “financial outlook” within the meaning of applicable securities laws. The purpose of this financial outlook is to provide readers with disclosure regarding Sylogist’s reasonable expectations as to the anticipated results of its proposed business activities for the periods indicated. You are cautioned that the financial outlook may not be appropriate for other purposes.
8. No Solicitation/Offering
The Website is not intended to be (and should not be construed or interpreted as) a solicitation or offering of any securities in any jurisdiction. The information on or available through the Website or the Website Services is not intended to modify, qualify, supplement or amend any information disclosed by Sylogist under any corporate or securities laws of any jurisdiction, and should be not used for the purpose of making any investment decision.
9. Linked Sites
10. Electronic Notices
Email messages sent over the Internet are not secure and Sylogist is not responsible for any damages incurred by you sending email messages over the Internet.
You consent to receiving all notices, communications, agreements, documents, receipts, notices and disclosures (collectively, “Notices”) that Sylogist provides in connection with your Account or use of the Website Services in electronic form. Notices may be provided by email to the address provided by you, by posting on the Website, or other methods from time to time. You are responsible for maintaining any Notices you receive.
11. EXCLUSION OF LIABILITY
THIS CLAUSE IS NOT APPLICABLE TO INDIVIDUAL CONSUMERS RESIDING IN QUEBEC, CANADA: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL SYLOGIST GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE OR LIABILITY (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, WEBSITE SERVICES OR ANY RELATED MATTER, UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER THEORY OF LAW), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY OR ON BEHALF OF SYLOGIST GROUP, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS, DAMAGE AND LIABILITY, AND EVEN IF SYLOGIST GROUP KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE LOSS, DAMAGE OR LIABILITY BEING INCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
“SYLOGIST GROUP” MEANS SYLOGIST AND EACH OF ITS CORPORATE AFFILIATES AND SUBSIDIARIES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS AND REPRESENTATIVES, JOINTLY AND SEVERALLY.
You agree to indemnify, defend and hold the Sylogist Group harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable legal fees) arising from, caused by or in any way related to your use of the Website, Website Services, your breach of these Terms, or your violation of any rights of any other person or entity.
14. Data Collected from Site Visitors
If you give any feedback (including any ideas or suggestions for enhancements or improvements) about the Website or Website Services then Sylogist and its suppliers and licensors and their respective successors, assigns and licensees may use and commercialize the feedback in any and all ways and for any and all purposes without providing any compensation or attribution to you or any other person. Sylogist or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works to Sylogist, using the Website or the Website Services. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Sylogist’s products or marketing strategies might seem similar to ideas submitted to Sylogist. You may submit complaints in writing to firstname.lastname@example.org.
16. Documents on this Website and Copyright License
Permission to use documents (such as white papers, press releases, datasheets and FAQs) from the Website and Website Services is granted, provided that (1) the copyright notice Copyright © 2023 Sylogist, all rights reserved and the permission notice “Used with the permission of Sylogist” appear in all copies (as such notices may be updated), (2) use of such documents from the Website Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modification, or adaptations of any documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and community colleges, may download and reproduce the documents for distribution in the classroom in accordance with applicable fair use and fair dealing laws for education purposes. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
17. Additional Prohibited Uses
18. Ownership of Website
Copyright © 2023 Sylogist, all rights reserved. The Website, the Website Services and the technologies and data used to operate the Website and provide the Website Services and all related proprietary and intellectual property rights (including copyright) are owned solely by Sylogist and its licensors and are protected by Canadian and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Website or the Website Services or any related technologies and data.
SYLOGIST™, and other related trademarks and symbols are registered or unregistered trademarks, service marks and trade names owned or used under license by Sylogist. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website or the Website Services is strictly prohibited, and nothing appearing on the Website or the Website Services will be construed as granting any license or right to use any of those trademarks, service marks or trade names.
THIS CLAUSE IS NOT APPLICABLE TO INDIVIDUAL CONSUMERS RESIDING IN QUEBEC, CANADA: GENERAL DISCLAIMER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE WEBSITE SERVICES ARE MADE AVAILABLE AND PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF OR RELATING TO ACCURACY; COMPLETENESS; TIMELINESS; SATISFACTORY QUALITY; LACK OF ERRORS, MALWARE, VIRUSES OR OTHER HARMFUL COMPONENTS; FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; NON-INFRINGEMENT OR RESULTS; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY SYLOGIST GROUP TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; AND NO REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE WILL BE CREATED BY ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY OR ON BEHALF OF SYLOGIST GROUP. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE WEBSITE SERVICES, YOUR SOLE REMEDY IS TO STOP USING THE WEBSITE OR THE WEBSITE SERVICES.
The Website and the Website Services may contain technologies that restrict or limit the use of the Website or the Website Services. Sylogist in its discretion may change, suspend or terminate the Website, or limit, suspend or terminate your use of the Website or the Website Services, effective immediately at any time and without any notice or liability to you or any other person. The Website and the Website Services may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of Sylogist, all without any notice or liability to you or any other person.
22. Governing Law
For individual consumers residing in Quebec: the applicable law will be the law of the province of Quebec, Canada.
23. CASL,GDPR and CCPA Compliance
We make every effort to comply with the Canadian Anti-Spam Legislation. You may unsubscribe from receiving commercial electronic messages from us at any time by clicking on the Unsubscribe link in any email you have received from us or by contacting us at: email@example.com. If you are a resident of the European Union, or the State of California and have questions about our compliance with the General Data Protection Regulation, California Consumer Privacy Act or wish to access your personal information please contact our Privacy Officer at firstname.lastname@example.org.
Any legal proceedings you commence regarding a Dispute must be commenced within twelve (12) months after the Dispute arises, after which time any and all legal proceedings by you regarding the Dispute will be forever barred. Any shorter time limit provided by law remains unaffected.
IF AN APPLICABLE LAW IN YOUR PROVINCE OF RESIDENCE GIVES YOU THE RIGHT TO RESOLVE YOUR DISPUTE OR CLAIM BEFORE THE COURTS OF THAT PROVINCE NOTWITHSTANDING YOUR AGREEMENT TO RESOLVE DISPUTES BY WAY OF ARBITRATION, AT THE TIME OF THE DISPUTE YOU MAY ELECT EITHER TO DO SO OR PROCEED IN ARBITRATION.
25. General Matters