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Terms of Use

Last updated: January 16, 2023

Welcome to denvrdata.com, the website of Denvr Dataworks Corp., a Canadian corporation (“Denvr,” “we,” or “us”). This page explains the terms by which you may use our website, and the Denvr Cloud (“Website”). By accessing or using the Website, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement”) and to the collection and use of your information as set forth in the Privacy Policy at https://www.denvrdata.com/privacy, whether or not you are a registered user of our Website.

 

Denvr reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Website (“Users”). If you are entering into this Agreement on behalf of a company or other organization, you represent that you have the authority to bind that company or organization to this Agreement, and the terms “you” and “your” will refer to that company or organization.

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1. General Restrictions on Use. The Website provides a place for you to learn information about Denvr Dataworks and its products. Denvr’s products and services are governed by separate commercial terms.

 

You may not use this site for any illegal purpose or in any manner inconsistent with these Terms of Service. You are responsible for ensuring that your access to and use of the Website is in accordance with all applicable laws and regulations. You may not distribute any content contained on the Website or exploit the Website or its content for commercial purposes. All rights not expressly granted herein are reserved.  Unauthorized or inappropriate use of or access to the Website, or of any information available on the Website, is strictly prohibited. Denvr may, in its discretion, deny or terminate your access to or use of the Site at any time and without notice.

 

You agree not to engage in any of the following prohibited activities:

 

  • copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”;

  • using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website in a manner that sends more request messages to Denvr servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Denvr grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from https://www.denvrdata.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

  • transmitting spam, chain letters, or other unsolicited email;

  • attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website;

  • taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;

  • uploading invalid data, viruses, worms, or other software agents through the Website;

  • collecting or harvesting any personally identifiable information from the Website;

  • using the Website for any commercial solicitation purposes;

  • impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

  • interfering with the proper working of the Website;

  • accessing any content on the Website through any technology or means other than those provided or authorized by the Website; or

  • bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.

 

Accessing any audiovisual content that may be available on the Website for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Website. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Website to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

 

We may, without prior notice, change the Website; stop providing the Website or features of the Website, to you or to Users generally; or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

 

2.  Proprietary Rights. The Website and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Denvr Content”), and all intellectual property rights related thereto, are the exclusive property of Denvr and its licensors.

 

Denvr and other marks or logos of Denvr or third parties used on the Website are trademarks or service marks of Denvr or such third parties and may not be used in any manner without the express prior written consent of the respective owner. Denvr’s use of any third-party marks or logos does not indicate any affiliation or other relationship with such third parties.

 

You shall not:

 

  • use automated systems or software to extract data from the Website;

  • copy, frameset, enclose or otherwise distribute any part of the Website;

  • use the Website to download Denvr Content for the purpose of redistributing such content; or

  • bypass or circumvent any features of the Website related to security, restrictions on copying, or account management.

 

Disclaimer. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Denvr Content. Use of the Denvr Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

 

3. No Professional Advice. If the Website provides professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained on the Website. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

 

4. Privacy. Please see Denvr’s Privacy Policy for information regarding the manner in which Denvr may process your personal information. Denvr has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Denvr will not and cannot censor or edit the content of any third-party site.

 

5. Security. Denvr cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

6. Third-Party Links and Information. The Website may contain links to third-party materials that are not owned or controlled by Denvr. Denvr does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Website, you do so at your own risk, and you understand that this Agreement and Denvr’s Privacy Statement do not apply to your use of such sites. You expressly relieve Denvr from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Denvr shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

 

7. Limitation of Liability. Denvr will not have any liability, whether in contract, tort, breach of statutory duty, strict liability, negligence, gross negligence or otherwise, arising out of or relating to these Terms of Use or your use of the Site. Without limiting the foregoing, Denvr will not have any liability for direct, indirect, consequential, special or punitive damages or for any loss of revenue, or loss of data. 

 

8. Disclaimer of Warranties. The Website is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Denvr or through the Website will create any warranty not expressly stated herein. Without limiting the foregoing, Denvr, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Website will meet your requirements; that the Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Website.

 

9. Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall Denvr, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Website. Under no circumstances will Denvr be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Website or the information contained therein.

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10 Governing Law and Attornment.  These Terms of Use are governed by and will be construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein.  ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE OR THESE TERMS OF USE WILL BE INSTITUTED ONLY IN A PROVINCIAL COURT LOCATED IN ALBERTA, CANADA. YOU AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

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11. General. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. The delay or omission by either party to enforce or exercise any terms or rights pursuant to these Terms of Use will not impair any such term or right nor be construed to be a waiver thereof and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained. These Terms of Use constitute the entire agreement between you and Denvr relating to the use of the Site.

 

12. Contact. Questions or comments regarding these Terms of Service may be directed to: contact@denvrdata.com

 

 

This Agreement was last modified on 16 January, 2023

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