ATTENTION: PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to the Presage Group Inc. (“PGI”, “we”, “our” or “us”) official website. By using this PGI website (“Website”) ") or using products and services (“Services”) offered by us linked to these terms and conditions (“Terms”) you are agreeing to accept this Terms. These Terms, including any applicable policies outlined below ("Terms") are governed by the laws of the Province of Ontario and federal laws of Canada applicable therein. The courts of the Province of Ontario will have exclusive jurisdiction over all disputes. The parties agree that jurisdiction and venue in such courts is appropriate and irrevocably attorn to the jurisdiction of such courts. If you do not agree and accept these Terms, please do not use this website and exit the website immediately. All information contained in this Website is intended for general usage.
Use of website
PGI authorizes Website visitors and users of our Services ("Visitors") to view and download the materials on this Website, including text, pictures, reports, graphics, audio or video clips, software and any other information ("Materials") provided that Visitors retain all copyright and other proprietary notices contained in the original Materials, on any copies of the Materials, abide by all laws and comply with all requirements identified in these Terms. Visitors may not modify the Materials in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purposes. Any use of these Materials (excluding Visitor Content as defined below) on any other website, electronic device or networked computer environment for any purpose is prohibited.
Privacy of personal information
We provide you with Services through the networks of other telecommunications providers and through other suppliers and third parties (together "Suppliers"). Your use of our Services is at your own risk. We assume no responsibility for security of the Visitor’s facilities or networks or for unauthorized access to such networks or facilities. In all cases, Visitors are responsible for determining and establishing secure network access configurations. PGI, its partners, affiliates and Suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers will not be liable for any inability, failure or mistake related to any security breach or identification of such breach or any loss that results from the transmission of confidential or sensitive information over the Internet.
Any software made available to you for downloading in connection with the Services is done so subject to the applicable terms and conditions provided to you during the downloading process. You agree to review and abide by any applicable terms and conditions and assume all risk associated with the use of such software.
Illegal usage prohibited
Visitors will not use our Website, Materials or Services to post, transmit, upload, distribute or publish any Visitor Content that is libelous, seditious, defamatory, fraudulent, obscene, pornographic, abusive, infringing or otherwise illegal, as determined by our sole discretion. Visitors agree to comply with all applicable local, provincial, federal and international laws, regulations and treaties while using this Website. In addition, while using the Website, Visitors will comply with generally accepted Internet standards and will refrain from any abusive use of the Internet in accordance with these Terms as modified from time to time. Visitors place any Visitor Content on our Website at their own risk. Some Visitor Content may be lost as a result of a system error or as a result of editing. PGI and its Suppliers make no commitments with respect to recoverability of lost data.
In addition, our graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Presage Group in Canada, the U.S. and/or other countries. Our trademarks and trade dress may only be used in connection with our Services and it cannot be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PGI. All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Any use of PGI trademarks without prior express written authorization is prohibited.
The Materials at this Website are copyrighted and any unauthorized use of any Materials may violate copyright, trademark, and other laws. If Visitors breach any of these Terms, their authorization to use this Website or our Services automatically terminates and Visitors must immediately destroy any downloaded or printed Materials. All software used on this site is our property or our software suppliers and protected by Canadian, United States and international copyright laws.
Links to other websites
Links to third party websites (“Third Parties”) on our Website are provided solely as a convenience to Visitors. If Visitors choose to use these links, they will leave our Website. We have not reviewed all of these third party websites and do not control and are not responsible for any of these websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. Visitors that decide to access any of the third party websites linked to this Website do so entirely at their own risk.
You acknowledge and agree that we, at our sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to the Website or any Services and remove and discard any Materials or Visitor Content related to such Services for any reason, including where we believe that you have violated any of the Terms. You agree that we will not be liable to you or to any other person as a result of any such suspension or termination.
Any posts to the Website by visitors must not include content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and must also not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam.' You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. You are prohibited from using our Website or Services to post any advertising promotions, and other Visitor Content that contains false, deceptive, or misleading statements, claims, or representations.
Right to use posted content
Unless we state otherwise, you provide us and our affiliates, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display content posted by you at our Website throughout the world in any media. You grant us the right to use the name you used in connections with such content, if we choose.
Visitors to this Website indemnify and forever save harmless PGI, its partners, affiliates and Suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities, (including legal fees) which may be incurred by reason of or in connection with Visitor’s use of this Website, Services and Materials, from Visitor’s breach of any Terms herein, or from any such acts arising through Visitor’s use of any information provided through this Website or the provision of any communications or other materials by the Visitor to the Website.
Disclaimer of warranty
You acknowledge that you are using this Website and any Services or Materials at your own risk. PGI and its Suppliers do not guarantee error–free or un–interrupted operations of this Website or our Services. The Services and information provided at this Website are provided "as is" without any warranties of any kind including warranties of merchantable quality, fitness for a particular purpose, or non–infringement of intellectual property. PGI and its Suppliers do not warrant the accuracy and completeness of the Materials available on or through this Website. The Materials on this Website may be out of date, and we make no commitment to update the Materials on this Website. Information published on this Website may refer to Services that are not available in your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of liability
You agree that in no event will PGI, its partners, affiliates and Suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers be liable to you for any direct, indirect, special, consequential or punitive damages (including, without limitation, those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, reliance, or the results of use of this Website (including the Services, Materials or information contained on this Website and/or other linked websites), any unauthorized access to or modification of any Visitor Content you may have posted, accessed or transmitted through the Website or the Services, or any activity or electronic transactions made through this Website or the Services, whether based on warranty, contract, tort or any other legal theory and whether or not we are advised of the possibility of such damages.
Whether you are sending us emails or visiting our Website, you are communicating with us electronically. You consent to receive communications form us electronically. We will communicate with you by emails and or postings at this site. You hereby agree that notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We reserve the right to modify the Terms, as well as the right to change or discontinue any aspect or feature of this website or Services offered by this website. You should visit this page from time to time to review the then-current Terms because they are binding on you and your continued use of the Website following the posting of changes to these Terms, Website or Services will mean that you accept the provisions and changes as made. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
These Terms constitute the complete and entire agreement between the parties and supersede any prior agreement, whether written or oral.
PGI will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by PGI. No delay or omission by PGI in exercising its rights or remedies will impair or be construed as a waiver of its right to enforce such rights at any time.