LIONFRONT.COM TERMS AND CONDITIONS
Effective date: April 19th, 2018
The following terms and conditions (hereinafter collectively referred to as the “Terms”) constitute a legal and binding agreement between LIONFRONT LTD., with registered office at 11250 Peggys Cove Road, Seabright, Nova Scotia, Canada B3Z 3C1 (hereinafter referred to as “Lionfront”, “we” or “us”), and the user of the site www.lionfront.com and the related services (hereinafter such user will be referred to as “your” or “you”, while the website and all the related services will be collectively referred to as the “Website”).
1 – ACCEPTANCE AND CONSIDERATION
1.2. Consideration. You agree that these Terms are supported by valuable consideration, the receipt, and sufficiency of which you expressly acknowledge. This consideration includes, without limitation, your use of the Website and the materials and information available on it, and the possibility of publication or publicity of your user content.
2 – INTELLECTUAL PROPERTY
2.1. Website Content. The Website includes content (and derivative works or enhancements thereof), including but not limited to, text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (hereinafter collectively referred to as the “Website Content”) (and all intellectual property rights over them) are our property, our licensors, or both. In addition, all trademarks, service marks, trade names, and trademark that may appear on the Website are owned by us, our licensors, or both.
2.2. No right acquisition. Except for the limited use rights granted to you in these Terms, you will not acquire any right, title or interest in the Website or any Website Content
2.3. Your obligations for our ownership preservation. You must not, and must not cause or permit others to:
2.3.a. remove or modify any program markings or any notice of Lionfront’s or its licensors’ proprietary rights;
2.3.b. modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute, republish or download any part of the Website, or access or use the Website in order to build or support, and/or assist a third party in building or supporting, products or services competitive to Lionfront;
2.3.c. perform or disclose any benchmark or performance tests of the Website or any associated infrastructure (such as, without limitation, network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, penetration testing, etc.).
2.4. Reservation of rights. All rights not expressly granted in these Terms are expressly reserved.
3 – REGISTERED USERS
3.1. Account registration. In order to access or use certain features of the Website, you may need to be a registered user. If you are under the age of 18 years are not permitted to register as a user or send personal information.
3.2. Account security. If you become a registered user, you will provide truthful, accurate and complete registration information. During registration, a username and password, which may allow access to certain areas of the website that is not available for unregistered users, will be created. You shall be entirely responsible for safeguarding and maintaining the confidentiality of such credentials. In particular, you acknowledge and accept that we will assume that any person using the Website with your username and password, either is you or is authorized by you. You undertake not to share the account password to any third party or to let anyone else access the Website or do anything else that might jeopardize the security thereof. You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Website and agree to notify us immediately of any unauthorized use thereof.
3.3. Your responsibilities. You are entirely responsible for your use of the Website and, to such purpose, you shall not use, or encourage, promote, facilitate, or instruct, or induce others to use the Website for any activity that violates any applicable law, or for any other illegal, fraudulent, harmful, or offensive purpose, or to transmit, store, display, distribute or otherwise make available any content that is illegal, harmful, offensive, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, inappropriate or that would encourage or constitute a criminal or civil liability under the applicable laws. Examples of prohibited uses of the Website include:
3.3.a. creating, uploading and/or modifying any content, or take any action on the Website, that violates any applicable law;
3.3.b. creating, uploading and/or modifying any content, or take any action on the Website, that violates the rights of any third party (including, without limitations, privacy, or other rights, both personal and property);
3.3.c. creating, uploading and/or modifying any content, or take any action on the Website, that infringes or violates the intellectual property rights (including, without limitations, copyrights, trademarks, etc.) of another person, entity, service, product, or website;
3.3.d. uploading viruses or malicious codes, or take any other action on the Website that could anyway compromise any functionality thereof;
3.3.e. accessing any account belonging to someone else, or otherwise access the Website using any robot, spider, scraper, or other automated means to access the Website for any purpose;
3.3.f. facilitating or encouraging any violations of these Terms.
4 – WEBSITE AND THIRD-PARTY CONTENT AND LINKS
4.1. Purposes. We provide the Website, including without limitation web content for educational purposes, entertainment and information, etc. for promotional purposes only. You cannot trust any information and opinions expressed in any of our Website for any other purpose. In all cases, it is your responsibility to evaluate the accuracy, timeliness, completeness or usefulness of the contents of the Website. In no event will we be liable for any loss or damage caused by your reliance on any Website Content.
4.2. Third-party content. In many cases, Web Content will include content posted by a third party or represent the opinions and judgments of a third party. We do not endorse or guarantee, and we are not responsible for the accuracy, timeliness, completeness or reliability of any opinion, advice or statement made on the Website by anyone who is not employed or authorized publishers acting in their official capacity. If there is a dispute between persons accessing the Website or people who access the web and any third party, you understand and agree that we have no obligation to participate. If there is a dispute, you release us and our officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and its related claims companies, claims, and damages of any kind or nature arising out of, relating to or in any way connected with the conflict.
4.3. Third-party links. The Website may contain links to other websites maintained by third parties. We do not operate or control in any way, nor necessarily endorse the content found on these third-party websites. You assume full responsibility for the use of third-party links. We are not responsible for any content posted on third-party websites or for any loss or damage of any kind incurred as a result of their interactions with third parties or their website.
5 – PRIVACY AND DATA PROTECTION
5.2. Access requested by laws or authorities. We reserve the right to access, read, preserve, and disclose any information as we may reasonably believe necessary to satisfy any applicable law or any Authority request.
6 – INDEMNIFICATION
7 – DISCLAIMERS
7.1. YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, SUCCESSORS, AGENTS, PARTNERS DISTRIBUTION, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES DISCLAIM ANY WARRANTIES INCLUDING:
7.1.a. WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS;
7.1.b. WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, CONTENT SECURITY, UTILITY, INFORMATION TIMELINESS OF THE WEBSITE, OR WEBSITE CONTENT;
7.1.c. WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
7.2. CONSULT YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO CONSULT THE PRICES OR OTHER INFORMATION PROVIDED THROUGH THE WEBSITE BEFORE EXECUTION OF A STOCK TRADE OR, DO OTHER FINANCIAL DECISIONS. WE NOR OUR CONTENT PROVIDERS WILL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED OR ACCESSIBLE THROUGH THE WEBSITE.
8 – LIMITATION OF LIABILITY
8.1. UNDER NO CIRCUMSTANCES SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, SUCCESSORS, AGENTS, PARTNERS DISTRIBUTION, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, IN CONNECTION WITH OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THIS WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR POSTED AT ANY CONNECTION WITH THIS WEBSITE OR ANY LINKS ON THE WEBSITE.
8.2. NOTWITHSTANDING THE CONTRARY, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, SUCCESSORS, AGENTS, PARTNERS DISTRIBUTION, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES MAY EXCEED THE MAYOR OF TOTAL PAYMENTS RECEIVED FROM YOU FOR US IN THE PAST ONE MONTH (1), TO REPAY 1 MONTH OF PAYMENTS OR ACTUAL LOSS WHICHEVER IS LESS WITHOUT REGARD TO THE NEGLIGENCE OF EITHER PARTY UNDERSTANDING THAT COMPLETE CYBER SECURITY IS UNATTAINABLE DUE TO EVOLVING RISKS AND CLIENT SECURITY NON-COMPLIANCE.
9 – MISCELLANEOUS
9.1. Governing law. These Terms are governed by the substantive and procedural Laws of Canada without regard to its conflict of laws.
9.2. Arbitration. Lionfront and you agree to settle all disputes, claims or controversies arising from these Terms only through arbitration conducted by a single neutral arbitrator and with place in Halifax, Nova Scotia, Canada. The arbitrator’s decision and award shall be final and binding, with some exceptions under the Canadian Arbitration Act, and judgment on the award may be entered in any court having jurisdiction. To such purpose, each of us also agrees that: (i) if we and/or you want to arbitrate a dispute, a written notice will be sent to the other party with a description of the dispute, all documents/information, and the proposed resolution; we and you agree to make attempts to resolve the conflict and, if the dispute is not resolved within forty-five (45) days after receipt of the notice of arbitration, then the dispute will be submitted to formal arbitration; (ii) we and you agree not to pursue arbitration broadly and that any arbitration will be solely between you and us (not brought on behalf of or together with the statement of another person), provided that if for any reason a Court or arbitrator holds that this restriction is unacceptable or unenforceable, then this agreement to arbitrate does not apply and the dispute and must be brought to the competent Canadian Courts; (iii) we and you will be responsible for the respective costs relating to counsel, experts, and witnesses, as well as any other expenses related to arbitration; (iv) we and you may bring qualifying claims in small claims court.
9.3. Independent entities. Lionfront is an independent contractor, so no partnership, joint venture, or agency relationship exists between Lionfront and you. Lionfront and you are each responsible for paying their own employees, including employment related taxes and insurance.
9.4. Amendments of these Terms. These Terms came into force on the date specified above. We reserve the right to amend or to update their content, whether in whole or in part. In these cases, we will publish such amended or updated Terms on the Website, and they will be binding from the moment of their publication. Therefore, we invite you to visit this section of the Website regularly, in order to be aware of the most recent and updated version thereof.