Version 1.0 posted and effective as of March 2022.
Welcome to the Summations site (the "Site"). These Terms of Service, together with Summations Knowledge Inc.'s Privacy Statement (collectively, the "Terms") are legal contracts that govern your use of this Site and your access to any services provided through the Site ("Services"). By accessing the Site or using the Services, you agree to be bound by the Terms. If you do not agree to these Terms, you may not use the Site or access the Services. Your continued use of the Site or any materials or services accessible through it, after such posting or notification means you accept the modifications. The use by you of certain Services accessible through the Site may be subject to your acceptance of separate agreements with Summations or third parties. Throughout these Terms, use of the terms "we", "us", "our" or "Summations" shall mean Summations Knowledge Inc.
Summations may from time to time change any part of the Terms of Service by adding, deleting, or varying their content. These amendments could occur very close together, or very far apart, depending on the circumstances.
Summations will provide you with notice of the proposed amendment by posting an amended version of the Terms of Service with a new version number. We will include a link to the previous version of the terms beneath the new version number. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms of Service will continue to apply.
If you disagree with any amendments, you may cancel the Terms of Service by ceasing to access the Site or use the Services at any time within the 30-day notice period. If the amendment increases your obligations under these Terms of Service, or decreases our obligations, then you can also cancel in the 30 days after the amendments take effect. If you continue to access or use our Site or the Services or the Content after the 30-day period, you thereby agree to the amended Terms. You agree to review these Terms regularly to determine your rights and responsibilities.
Summations grants you a limited, revocable, non-exclusive, royalty-free, non-transferable license for the sole purpose of accessing and make personal use of the Site. The license to use the Site does not include any resale or commercial use of the Site; or any derivative use of this Site; or any use of data mining, robots, APIs, scraping, or other data gathering and extraction tools or processes; or the right to use, alter, obscure, or remove any copyright, trademark, or any other notices that are provided on or in connection with any the Site. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on the Site for any commercial purpose, or for any purpose that is prohibited by applicable law. If you violate any of these Terms, your permission to use the Site automatically terminates.
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form, if applicable, and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current, or incomplete, Summations has the right to terminate your account and refuse any and all current or future use of the Site. You agree not to resell or transfer the Site or use of or access to the Site.
At some point in your use of the Site, Summations may require that you create an account. If you decline to create an account, this may interfere with or prevent your further use of the Site or Services.
Once created, this account will be yours and yours alone. You must not share your login credentials or password with anyone else. If a third party does gain access to your account, you will be responsible for all use of your account by that person, whether authorized or unauthorized. If you become aware of any unauthorized use of your account, you must notify Summations immediately.
You shall abide by all applicable local, provincial, national, and foreign laws, treaties and regulations in connection with use of the Services and the Site, including those related to data privacy, international communications and the transmission of technical or personal information. It is your responsibility to update or change your account information, as appropriate.
Summations reserves its right to suspend or terminate your account separate from the suspension or termination of these Terms. Accounts may be suspended or terminated for failure to comply with these Terms, violation of third-party intellectual property rights, violation of third-party privacy rights, suspected illegal activity, or if Summations believes that your account has been compromised.
When you create an account, you may receive electronic communications, including electronic commercial messages, either from Summations, from the institutional sponsor, or from other users of the Site or Services. You hereby expressly consent to receive all of these electronic communications.
Summations and its licensors have and will retain all right, title and interest in and to the Site and the Services and the software and systems used to provide them (including, without limitation, all patent, copyright, trademarks, trade secret and other intellectual property rights), and all copies, modifications, and derivative works of any of them. You acknowledge that you are obtaining only a limited right to access and use the Site and Services. No rights are granted to you under these Terms other than as expressly set forth in these Terms.
By using the Site, you agree that you will not do any of the following:
(1) Restrict or inhibit any other user from using and enjoying the Site; or
(2) Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state/provincial, national or foreign law, including without limitation the Canadian export control laws and regulations, and U.S. equivalents; or
(3) Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication or engage in spamming or flooding; or
(4) Post or transmit any information or software which contains a virus, trojan horse, worm, or other harmful component; or
(5) Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material); or
(6) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
You acknowledge and agree that Summations has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site properly, to effectively deliver Services, or to protect itself, its subscribers, or users. Summations will not intentionally monitor or disclose any private electronic-mail message unless required by law. Summations reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms. Notwithstanding the above, we cannot ensure prompt or immediate removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
Summations may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about its software and services ("Feedback"). You agree that Summations may, in its sole discretion, use the Feedback you provide to Summations in any way, including in future modifications of the Site, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Summations a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.
Summations uses Stripe, Inc. and its affiliates (collectively, "Stripe") in processing payments and providing related payment services (the "Stripe Services"). You acknowledge your use of the Stripe Services is conditional on your acceptance of Stripe's terms and policies provided on its website. Personal information you submitted during your use of the Stripe Service is subject to the Summations' Privacy Statement and Stripe's privacy policies.
Summations may use data about your use of the Stripe Services, and about your transactions effected through the Stripe Services for the same purposes for which Summations is permitted to use other data collected by Summations in connection with the Services, as provided in this Terms and the Privacy Statement.
From time to time, Summations may change the service provider it uses to support the payment services, or Summations may offer the option of using other service providers to support the payment services, or Summations may elect to itself perform some or all of the services that were previously provided by the service provider. If Summations does so, then, in order to continue to use the payment services, you may be required to agree to additional terms imposed by Summations. If you do not wish to accept those terms, then you must cease using the payment services, and may result in your inability to use the Services.
You agree that you are solely responsible for the collection and/or payment of all taxes, which you may be liable for in any jurisdiction arising from your use of the Service. Summations is not responsible for collecting, reporting, paying, or remitting to you any such taxes.
In connection with your use of the Site, you may be made aware of services, products, offers, and promotions provided by third parties, and not by Summations ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party, and not Summations, is responsible for the performance of the Third Party Services. Accordingly, Summations expressly disclaims responsibility and liability for all Third Party Services, and you agree that Summations shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third Party Services. If you have any issues with a Third Party Service, you must contact the provider of the Third Party Service directly.
THE FOLLOWING PARAGRAPH IS NOT APPLICABLE TO QUEBEC CONSUMERS
Your use of the Site, including any software, and content contained therein, is entirely at your own risk. THE SERVICE IS PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUMMATIONS, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SITE, APP, SERVICES, AND ANY RELATED MATERIALS, INCLUDING ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. SUMMATIONS DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. SUMMATIONS DOES NOT WARRANT OR GUARANTEE THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. SUMMATIONS IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
THE FOLLOWING PARAGRAPH IS NOT APPLICABLE TO QUEBEC CONSUMERS.
THE ENTIRE CUMULATIVE LIABILITY OF SUMMATIONS AND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE RELATED SERVICES OR CONTENT PURCHASED FROM SUMMATIONS, ITS AUTHORIZED RESELLER, OR ITS SERVICE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUMMATIONS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF SUMMATIONS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SUMMATIONS AND YOU. SUMMATIONS WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.
Your right to use or access the Site may be terminated by Summations immediately and without notice if you fail to comply with any part of the Terms. Upon termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site or Services. Furthermore, you acknowledge that Summations reserves the right to take action --- technical, legal, or otherwise --- to prevent you from accessing the Site.
Access to the Service, and Site is not guaranteed in perpetuity. Summations reserves the right, in its sole discretion, at any time and from time to time to change, modify, or discontinue, temporarily or permanently, the Site or Services (or any part thereof).
You agree to defend, indemnify, and hold Summations and its Suppliers harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service, or Site, or any violation of these Terms by you or users of your account.
Certain provisions survive the termination or cancellation of the Terms of Service, including the limitation of liability and exclusion of warranties.
These Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Site or Services, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. You and Summations each attorn to the exclusive jurisdiction of the courts of Ontario in respect of any such dispute, controversy, or claim.
THE FOLLOWING PARAGRAPH IS NOT APPLICABLE TO QUEBEC CONSUMERS.
Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Site or Services, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor Summations will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.
If you have any questions or comments about the Terms, or to obtain information about the Site, or Services, we can be reached by mail, phone, or email using the following contact information:
Summations Knowledge Inc.
56 Ramblewood Dr.
Toronto, Ontario, M1C 3E1
[Last Update: May 2023]