Welcome to Cnix, a website owned and operated by 2851778 Ontario Inc. (hereinafter referred to as “we”, “us”, “our”, or “Cnix”). By using our website ( https://cnix.org ) and/or the Cnix Operating System software (hereinafter referred to as “software”, or “the software”), you, the visitor and/or user, are agreeing to the following Terms of Service. Please read these terms carefully.

Acceptance of Terms
By accessing or using our website and/or the software, you affirm that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which covers how we collect, use, share, and store your personal information. Your use of our website and/or software signifies your acceptance of these terms. If you do not accept these terms, you should not use our website and/or the Cnix software. If you are accessing our website from Canada, the United States of America, any state or territory therein, or any other country, you are contracting with 2851778 Ontario Inc., a Corporation organized under the laws of Ontario, Canada, and agree to be bound by Canadian law.

Permitted and Prohibited Uses
You may use our website and/or software only for lawful purposes. You agree not to use our website and/or software:

– In any way that violates any applicable federal, provincial, state, or local law or regulation.

– To engage in spamming, hacking, illegally sharing copyrighted content, or other unauthorized activities.

– To post or transmit any threatening, defamatory, obscene, or otherwise objectionable content.

– For any purpose that is fraudulent or has an unlawful or fraudulent intent or effect.

Intellectual Property
2851778 Ontario Inc., who operates Cnix, owns or licenses intellectual property rights in the website and original content, including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software.

Cnix may from time to time use, share or reference third party content or intellectual property under fair use, fair dealing or similar provisions in applicable laws, such as in news reporting, commentary, criticism, teaching, research, or other transformative uses allowed under Canadian or American copyright and trademark law.

Other than the exceptions noted above, you may not reproduce, decompile, reverse engineer, or disassemble any aspect of the website without express written consent from Cnix and 2851778 Ontario Inc.

User Content Licensing
By posting or publishing any content on public areas of our website or through our software, you grant Cnix a worldwide, non-exclusive, royalty-free license to reuse, copy, modify, and republish that content. You represent that you have the right to grant such license to us.

Changes to these Terms
We may revise these Terms of Service from time to time. If we make changes, we will notify you by revising the date at the top of this page. We recommend that you review these Terms periodically for any updates or changes. Changes will be effective immediately. Your continued use of our website constitutes acceptance of the revised Terms.

Binding Arbitration
Any dispute or claim relating in any way to these Terms, our Privacy Policy, our website, our related sites, our software, us, our Officers, Directors, Shareholders, or Employees, or your use of our website or related sites or software or related software shall be resolved exclusively by binding arbitration by a competent Arbitrator in North America, rather than in court. The arbitration will be conducted by the ADR Institute of Canada (ADRIC) in accordance with its rules, which are incorporated by reference into this clause.

You understand and agree that by entering into these Terms of Service, you, Cnix and 2851778 Ontario Inc. are each waiving the right to trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.

The website for the ADR Institute of Canada (ADRIC) is https://adric.ca/

Class Action Waiver
You, Cnix and 2851778 Ontario Inc. agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Furthermore, unless both you and Cnix agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Governing Law and Dispute Resolution
These Terms of Service and any disputes arising out of or in connection with these Terms or your use of the Website and/or our software 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 the principles of conflicts of law.

For users accessing or using the Website and/or our software from any state or territory within the United States of America, notwithstanding the foregoing, the laws of the Province of Ontario and the federal laws of Canada applicable therein will govern your use of the Website and any disputes arising from it, without regard to conflicts of law principles.

In the event that the laws of an American jurisdiction are determined to apply, such laws shall be the laws of the State of Ohio and no other State. However, regardless of any provision to the contrary, you agreeto submit to the exclusive jurisdiction of the courts located in Ontario, Canada, for the resolution of any dispute arising from or related to these Terms, your use of the Website or any related matters.

Disclaimer of Warranties
Our website and/or software is provided “as is” and on an “as available” basis. We do not represent or warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability
To the extent permitted by law, in no event shall Cnix or its directors, officers, employees, agents, or contractors be liable for any damages of any kind, including, without limitation, direct, indirect, incidental, consequential, or punitive damages, arising out of or in connection with your use of our website or the software, even if we have been advised of the possibility of such damages.

Indemnification
You agree to defend, indemnify, and hold us and our affiliates, directors, officers, employees, and agents harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of our website and/or software or any breach by you of these Terms of Service.

Termination
We reserve the right, in our sole discretion, to terminate your access to all or part of our website and/or software, with or without notice, for any reason, including, without limitation, breach of these Terms of Service.

Miscellaneous
These Terms of Service constitute the entire agreement between you and Cnix regarding your use of our website and/or software. If any provision of these Terms is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Contact Us
If you have any questions or concerns about these Terms of Service, please contact us at [email protected]

Last Updated: November 12, 2023