Terms of Use

Last Updated: November 2024

Welcome to the Undersfrin website. By accessing and using this website, you accept and agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use our website.

Acceptance of Terms

These Terms of Use constitute a legally binding agreement between you and Undersfrin regarding your use of our website and services. By using our website, you represent that you are at least 18 years of age and have the legal capacity to enter into this agreement.

Use of Website

You agree to use our website only for lawful purposes and in a manner that does not infringe upon or restrict the rights of others. You agree not to:

• Use the website in any way that violates applicable federal, provincial, local, or international laws or regulations
• Attempt to gain unauthorized access to any portion of the website, other accounts, computer systems, or networks connected to the website
• Use any automated means to access the website or collect any information from the website
• Introduce any viruses, trojans, worms, or other harmful material that could damage or interfere with the website
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
• Impersonate or attempt to impersonate Undersfrin, an Undersfrin employee, or any other person or entity

Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, and software, is the property of Undersfrin or its content suppliers and is protected by Canadian and international copyright laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our prior written consent.

You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

User Submissions

If you submit any information, inquiries, or other materials through our website, you grant Undersfrin a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, and distribute such submissions for any purpose related to our business operations. You represent that you have the right to make such submissions and that they do not violate any third-party rights.

Disclaimer of Warranties

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNDERSFRIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDERSFRIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDERSFRIN DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM UNDERSFRIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UNDERSFRIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the website
• Any conduct or content of any third party on the website
• Any content obtained from the website
• Unauthorized access, use, or alteration of your transmissions or content

Indemnification

You agree to defend, indemnify, and hold harmless Undersfrin, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms of Use or your use of the website.

Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by Undersfrin. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Undersfrin shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.

Modifications to Terms

We reserve the right to modify these Terms of Use at any time at our sole discretion. If we make material changes to these terms, we will notify you by updating the "Last Updated" date at the top of this page. Your continued use of the website after any such changes constitutes your acceptance of the new Terms of Use.

Governing Law

These Terms of Use and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Dispute Resolution

Any dispute arising out of or relating to these Terms of Use or your use of the website shall be resolved through binding arbitration in accordance with the Arbitration Act of Ontario. The arbitration shall take place in Toronto, Ontario, and shall be conducted in English.

Severability

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver

The failure of Undersfrin to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms of Use, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Undersfrin regarding your use of the website and supersede all prior and contemporaneous agreements, proposals, or representations.

Contact Information

If you have any questions about these Terms of Use, please contact us at:

Undersfrin
245 Wellington Street West, Suite 1400
Toronto, Ontario M5V 3E7
Canada

Email: [email protected]