Terms Of Use
These Terms of Use (the "Terms") set forth the terms by which we offer you access to and use of our sites, services, and tools (collectively "Services"). By accessing or using impakanalytics.com, (the “Site”) that belongs to IMPAK, you are agreeing to these Terms and concluding a legally binding contract with impak Analytics inc. (“IMPAK”) a Franco-Canadian corporation headquartered in Montreal, Quebec . Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
These terms and the other policies posted on impakanalytics.com constitute the entire agreement between us and you with regards to the use of the Site, superseding any prior agreements. This agreement is governed by the laws of the Province of Quebec, the federal laws of Canada and the French law applicable therein. We both submit to the jurisdiction of the courts of the Province of Quebec. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Your notices must be sent by email to: hello@impakanalytics.com.
We will send notices to you via the email address you provide. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
1. Introduction
1.1.1 Definitions
"You" and "your" refer to you, as a user of the services. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site or our services. "We", "us", and "our" refer to IMPAK.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "impak Analytics Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than impak Analytics, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Third Party Content and IMPAK Content. The “Site” means impakanalytics.com and other sites owned by IMPAK.
1.1.2 Changes to the Terms of Use
We may modify the Terms from time to time. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
1.1.3 Translation
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with impak Analytics, and any inconsistencies among the different versions will be resolved in favor of the English version.
2. Restrictions
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
2.1.1 You agree not to, and will not assist, encourage, or enable others to use the Site to:
2.1.2 Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
2.1.3 Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
2.1.4 Violate any applicable law.
2.1.5 You also agree not to, and will not assist, encourage, or enable others to:
2.1.6 Violate the Terms;
2.1.7 Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content, except as expressly authorized by IMPAK;
2.1.8 Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
2.1.9 Reverse engineer any portion of the Site;
2.1.10 Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
2.1.11 Record, process, or mine information about other users;
2.1.12 Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
2.1.13 Reformat or frame any portion of the Site;
2.1.14 Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on IMPAK’s technology infrastructure or otherwise make excessive traffic demands of the Site;
2.1.15 Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
2.1.16 Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
2.1.17 Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
2.1.18 Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
2.1.19 Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
3. Using the site
3.1.1 Eligibility
To access or use the Site, you must have the requisite power and authority to enter into these Terms.
3.1.2 Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
3.1.3 Site Availability
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
3.1.4 Communications from impak Analytics and other Users
Please contact us to tell us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off impak Analytics Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off impak Analytics Services or not, we do not accept any liability for monitoring impak Analytics Services or for unauthorized or unlawful content on impak Analytics Services or use of impak Analytics Services by users.
3.1.5 Taxes
You agree to provide accurate information necessary for impakanalytics.com to comply with its obligations under applicable law. You are solely responsible to comply with any applicable taxes resulting from your use of IMPAK Services.
4. Content
4.1.1 Ownership
We own the IMPAK Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of Third Party Content and other Site Content, computer code, products, software and all other elements and components of the Site. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the IMPAK Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the IMPAK Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the IMPAK Content are retained by us.
4.1.2 Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against IMPAK and its users any claims and assertions of any moral rights contained in such Feedback.
5. Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF IMPAK TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT IMPAK MAY NOT MONITOR, CONTROL, OR VET THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. IMPAK MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, IMPAK IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES.
IMPAK MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, IMPAK IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
IMPAK EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF IMPAK SHALL CREATE A REPRESENTATION OR WARRANTY.
IMPAK DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA, EVEN IF YOU ADVISE US OR WE COULD REASONABLY FORESEE THE POSSIBILITY OF ANY SUCH DAMAGE OCCURRING. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU .
DESPITE THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL COST INCURRED BY YOUR PARTICIPATION IN impakanalytics.com IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) 100 CANADIAN DOLLARS.
5.1.1 Third Parties
The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
5.1.2 Indemnification
You agree to indemnify, defend, and hold IMPAK, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of IMPAK harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. IMPAK reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of impak Analytics. IMPAK will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. General Terms
6.1.1 We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
6.1.2 We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
6.1.3 Except as otherwise stated, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
6.1.4 The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
6.1.5 Any failure on IMPAK’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
6.1.6 The Terms are not assignable, transferable or sublicensable by you except with IMPAK’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
7. Termination
You may terminate the Terms at any time by closing your account and discontinuing your use of IMPAK Services. We may close your account, suspend your ability to use certain portions of IMPAK Services, and/or ban you altogether from IMPAK Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Site Content, or any other related information. In the event of any termination, certain sections of these terms of use may still apply.
