This Terms of Use Agreement is effective July 1, 2017 (“Effective Date”).
Terms of Use
Principia Assessments Ltd. (“Principia”) provides the knowprincipia.com website and the content provided through it (collectively, “Website”) as a service to clients, colleagues, and others for general information only. This Terms of Use Agreement (“Agreement”) describes the terms and conditions applicable to your access and use of the Website.
1. Acceptance. You agree to read this Agreement carefully. By accessing or using the Website, you accept these terms. If you do not agree to these terms, do not access or use the Website.
2. Changes. Principia may change the Website, the services described on the Website, or this Agreement at any time without notice to you. Changes are effective once posted. Your continued access or use of the Website after a change is posted constitutes your acceptance of that change.
3. Ownership. The Website is the sole and exclusive property of Principia or its licensors. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Website, except as expressly authorized by Principia in writing. You acknowledge and agree that, as between Principia and you, all right, title, and interest in and to the Website is owned exclusively by Principia.
4. Information on this Site. The Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. This information is not designed to provide legal or other advice or establish a legal or business relationship. You should not take, or refrain from taking, action based on its content. You are encouraged to confirm the information contained on the Website. You should not construe any part of the Website as a warranty or guarantee of the quality or availability of any services.
5. Permitted Uses. As long as you agree and comply with this Agreement, and unless Principia otherwise terminates this Agreement, Principia invites you to view this Website and to print up to a single copy of it. You agree that you will not remove or modify any acknowledgements, credits, or legal notices contained on the Website. Special terms may apply to some services offered on the Website and may be posted in connection with the applicable service, feature, or activity. Any such terms are in addition to this Agreement and, in the event of a conflict, any such terms shall prevail.
6. Restricted Uses. Use of the Website in any way not expressly permitted by this Agreement is prohibited. Further, you agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it.
7. Digital Markers (including “Cookies”). Principia and its service providers may use “cookies”, pixel tags, and other digital markers on the Website. A “cookie” is a very small piece of information in the form of a text file placed on your computer. A pixel tag is a small image file that allows Principia to know that you have visited one of its pages. These digital markers allow Principia and its service providers to recognize that you have visited the Website before. The Website may use:
a. Cookies to create aggregated statistics on visitors to the Website and their browsing behaviour to make improvements to the Website. The data is aggregated, which means Principia cannot identify you as an individual;
b. Cookies and digital markers to assist Principia with marketing. When you visit other websites you may see an advertisement for Principia because you visited the Website; and
c. Google Analytics, a web analytics service provided by Google, Inc. (“Google”), which uses cookies to help analyze how users use the site. The information generated by the cookie about your use of the Website (including your IP address) are transmitted to and stored by Google on servers in the United States. Google uses this information for the purpose of evaluating your use of the Website, compiling reports on website activity for website operators, and providing other services relating to Website activity and internet usage. You can view Google’s privacy policy here.
By accessing the “preferences”, “tools”, or “options” menu for your browser, you can set your browser to accept or reject all specific ‘cookies’, set your browser to alert you each time a ‘cookie’ is presented to your computer, and delete ‘cookies’ that have been stored on your computer. You may also opt-out of network advertising programs that track your activities across multiple websites to deliver personalized advertising content to you. In the Unites States, visit the Digital Advertising Alliance Ad Choices Opt-Out Page. In Canada, visit the Digital Advertising Alliance of Canada Opt-Out Page.
8. Privacy. Principia cares about the privacy of your personal information. Please refer to Principia’s Privacy Policy for more information. By accessing or using the Website, you consent to the following:
a. Collection. Principia may ask for and collect from you personally identifiable and other information at certain points throughout the Website. Depending on the information or services you request, you may be asked to provide your name, email address, and other information. In addition to the information you knowingly provide, Principia collects the domain names and IP addresses of its visitors, along with usage statistics (e.g. types of web browsers and operating systems used), digital marker information (see Digital Markers (including “Cookies”)), and browsing history. This data is used to more efficiently operate Principia’s business, promote services, and administer the Website. Principia may combine this information with the personally identifiable and other information it collects. Principia also collects any information you choose to provide in your communications with Principia. Principia does not collect personally identifiable information about your online activities over time or across third party websites or online services.
b. Use. Principia may use your information (a) to provide you with personalized content; (b) to process and respond to inquiries; (c) for the purposes for which you provided the information; (d) to improve the content and navigability of the Website; (e) to alert you to new features, events, and service offerings; and (f) to enforce this Agreement.
c. Disclosure. Principia may disclose your personally identifiable information to another entity (a) for purposes of outsourcing one or more of the functions described in the previous section; (b) to confirm or update information provided by you; (c) to inform you of events, information about Principia’s services, and other important information, or (d) for other purposes disclosed at or before the time the information is collected. Principia may also share your information when legally required to do so.
9. Links to Other Sites. The Website may contain links to websites operated by other parties. These links are provided as a convenience only and do not imply any endorsement. Use of these sites is at your own risk. Principia is not responsible for the content available on linked sites, and Principia disclaims all liability with regard to your access to and use of such sites.
10. Links to knowprincipia.com. Unless otherwise set out in a written agreement between you and Principia, you must adhere to Principia’s linking policy as follows:
a. the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with Principia’s name and trademarks;
b. the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Principia;
c. when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking site; and
d. Principia reserves the right to revoke its consent to the link at any time in its sole discretion.
11. Trademarks. Unauthorized use of any Principia trademark, service mark, or logo is prohibited, and may be a violation of trademark laws.
12. Copyright. The Website is protected by international copyright laws. Except for your use as authorized above, you may not modify, reproduce, or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without Principia’s express prior written permission.
13. Infringement Claims. If you believe that Principia has copied your work in a way that constitutes copyright infringement, or that Principia has otherwise violated your intellectual property rights, please provide the following information to us:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Website (to help Principia quickly locate the content);
d. Your name, address, telephone number and e-mail address;
e. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
14. Disclaimers and Limitation of Liability.
a. THE WEBSITE AND ALL CONTENT ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PRINCIPIA MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE IS AT YOUR SOLE RISK.
b. PRINCIPIA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
c. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRINCIPIA DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE GOODS OR SERVICES OFFERED OR SOLD THROUGH THE WEBSITE, EVEN IF PRINCIPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
16. Indemnity. You agree to indemnify, defend, and hold Principia (including its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees) harmless from any loss, liability, claim, or demand, including reasonable legal fees, due to, or arising out of your use of the Website or any breach of this Agreement.
17. Claims by You. Any cause of action or claim you may have with respect to this Agreement or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
18. Governing Law and Forum. These terms and conditions are governed by and construed in accordance with the laws of Alberta and the laws of Canada, without giving effect to any principles of conflicts of law, and you submit to the jurisdiction of the courts of Alberta. If any provision of this Agreement is held to be illegal, void, or for any reason unenforceable, then that provision is severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. YOU AGREE THAT NO CLAIM ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE MAY BE BROUGHT AS A CLASS ACTION.
19. Interpretation. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
20. Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and Principia with respect to the subject matter hereof.
21. Assignment. You may not assign or transfer your rights or obligations under this Agreement without Principia’s prior written consent, and any assignment or transfer in violation of this provision shall be null and void.
22. Remedies. Principia reserves the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address. Principia’s failure to act with respect to any failure by you or others to comply with this Agreement does not waive Principia’s right to act with respect to subsequent or similar failures.
23. Contact. If you have any questions, concerns, or suggestions about this Agreement, please contact Principia at info@knowprincipia.com.