Exponential Labs provides its Services to you subject to the following Terms, which may be updated from time to time without notice to you. Your access to and use of the Website is governed by these Terms. In addition, when using particular Exponential Labs Services, you may be subject to additional terms applicable to those Services, which are incorporated by reference into these Terms.
Please review these Terms carefully before using the Website or any Services.
Acceptance of Terms
By accessing the Website, using Services offered by Exponential Labs, or subscribing to or ordering Services online through the Website, you agree to be subject to the Terms. If you do not agree to the Terms, you are not permitted to access the Website or use the Services and must not access the Website. Unless expressly stated otherwise, any new features that augment or enhance the current Services are subject to the Terms.
Description of Services
The Services include the ability for users to search the web. Exponential Labs is not affiliated with any linked sites and takes no responsibility for the content of those sites, and makes no assurances about the quality or accuracy of any information provided by those sites.
Exponential Labs reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Exponential Labs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You are prohibited from violating, or attempting to violate, the integrity or security of the Website. Any violations may result in criminal and civil liability. Exponential Labs will investigate any alleged violations and will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of violations of the security of the Website include, without limitation:
If you become aware of any of these activities, you shall immediately notify Exponential Labs and take all other appropriate actions to cause such activities to cease. Indirect or attempted violations of this section, and actual or attempted violations by a third party on your behalf, shall be considered violations of this section by you.
Exponential Labs reserves the right to suspend or terminate your access to the Website, at Exponential Labs' discretion, and without notice to you, upon notice of a violation of this section.
You acknowledge and agree that the Services and any software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that all Website content (the "Content") may include information protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Exponential Labs or the rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content, Services or the Software, in whole or in part.
You understand that through the use of the Website, you may be exposed to content that you find offensive, indecent or objectionable, and you use the Website at your own risk. Exponential Labs does not review or edit information obtained from third-party sites that is republished on the Website.
Links to Third Parties
Any links to third-party websites from the Website are meant for convenience only. Exponential Labs does not review or control these third-party websites and is not responsible for any third-party websites or the content of those sites. Inclusion of any linked website does not imply approval or endorsement of the linked website by Exponential Labs. You follow such a link to any other site at your own sole risk and Exponential Labs shall not be responsible or liable for any damages associated with linking.
EXPONENTIAL LABS INC. AND ITS EMPLOYEES, AGENTS, AFFILIATES, PARTNERS AND SUPPLIERS PROVIDE ALL CONTENT AND SERVICES AVAILABLE THROUGH THE WEBSITE WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. IN PARTICULAR, EXPONENTIAL LABS INC. MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE WEBSITE OR ANY CONTENT.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES REGARDING THE WEBSITE OR ANY CONTENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY EXPONENTIAL LABS INC.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EXPONENTIAL LABS INC. OR ANY OF ITS PARTNERS, ASSOCIATES, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER WEBSITE USER OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR OTHER ECONOMIC LOSS, OR FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: THE USE OF THE WEBSITE OR ANY CONTENT; THE RELIANCE ON ANY STATEMENT OR ADVICE FROM ANY CONTENT; THE INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR ANY PART THEREOF, OR TO ANY CONTENT; OR OUT OF ANY BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED.
You agree to indemnify and hold Exponential Labs Inc., its affiliates, partners, attorneys, staff, and each of their respective directors, officers, employees, consultants, agents and suppliers harmless from any costs or damages of any kind, including reasonable legal fees, arising from any and all claims, suits or demands pertaining to your use of the Website, Content or Services, or arising out of your breach of these Terms or your violation of any rights of another, except to the extent such costs or damages were proximately caused by Exponential Labs through no fault of yours.
Severability of Clauses
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 the Terms remain in full force and effect. Headings used in the Terms are not to be used to construe or interpret the Terms.
The Terms constitute the entire agreement between you and Exponential Labs and govern your use of the Website, Content and the Services, superseding any prior agreement, whether oral or written. You may be subject to additional terms and conditions that may apply when you use certain Exponential Labs Services.
The failure of Exponential Labs to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
This Agreement is not transferable by you in any way and may not be assigned to any third party without the prior written consent of Exponential Labs.
No Third Party Rights
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
These Terms and the relationship between you and Exponential Labs shall be governed and construed by the laws of the Province of Ontario and the applicable laws of Canada, without regard to its conflict of laws provisions. You hereby consent and submit to the personal and exclusive jurisdiction of the courts of the Province of Ontario in any action or dispute related to the Terms, Website or Services.