Online Terms & Conditions

TERMS & CONDITIONS FOR USE OF ELECTRONIC MEDIA AND SERVICES OF XALGORITHMS FOUNDATION

1. Introduction

Electronic media and services operated and/or made available by Xalgorithms Foundation are subject to the terms, conditions or disclaimers expressed in:

  • The corporate policies of Xalgorithms Foundation provided in the present document;
  • Any licenses attached to works subject to trademark, copyright and other statutory rights, including works distributed by Xalgorithms Foundation;
  • The Xalgorithms Alliance Accession Agreement, which is a contract.

The Terms and any documents expressly referred to in these policies, licenses and contract represent the entire scope of agreement between you and Xalgorithms Foundation, and they supersede any prior agreements, understandings or arrangements between you and Xalgorithms Foundation, whether oral or in writing. Both you and Xalgorithms Foundation acknowledge that, in entering into the terms of these policies, licenses and contract, neither you nor Xalgorithms Foundation have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and Xalgorithms Foundation prior to such Terms, except as expressly stated in the Terms.

2. Use of the Xalgorithms Foundation’s Electronic Media

It is not permitted to use Xalgorithms Foundation’s electronic media and/or services for illegal purposes, nor to attempt to interfere with the network or security features of Xalgorithms Foundation’s electronic media and/or services to gain unauthorized access to its supporting systems.

Xalgorithms Foundation reserves the right to withhold active service to anyone, at any time, for any reason, with the boundaries of the applicable licenses and agreements. Xalgorithms Foundation reserves the right to make any modifications to the information or structure of its electronic media, including terminating, changing, suspending or discontinuing any aspect of the media or information at any time, without notice, and imposing additional rules or limits on their use. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of Xalgorithms Foundation’s electronic media or services, of any works offered through our these media or services.

You hold harmless Xalgorithms Foundation and its affiliates, as well as their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of Xalgorithms Foundation’s electronic media and/or services, including but not limited to, any third party claim that any information or works provided by you infringe upon any third party intellectual rights.

3. Commerce Through Xalgorithms Foundation’s Electronic Media

Xalgorithms Foundation sells memberships only. It does not provide any fee-based services. Xalgorithms Foundation may, in its sole discretion, change or terminate classes of new Membership offered through its electronic media.

Prices for new Memberships are subject to change without notice. Unless otherwise indicated, prices displayed on Xalgorithms Foundation electronic media are quoted in Canadian dollars.

Xalgorithms Foundation reserves the right, in our sole discretion, to refund or reverse acceptance of all or part of any Membership fee. If Xalgorithms Foundation believes that a Registrant or Member has knowlingly violated, or upon coming to such knowledge, persists in violating Xalgorithms Foundation policies, contracts or licenses, the associated Membership will be terminated.

4. Links to Third-Party Electronic Media

Links from or to electronic media outside the scope of Xalgorithms Foundation’s own systems administration control are sometimes used by Xalgorithms Foundation for core public service delivery (e.g. the repository at https://github.com/Xalgorithms ). Xalgorithms Foundation is responsible the works it maintains on such external services, but cannot be held not responsible the performance or integrity of those services. Xalgorithms Foundation cannot be held responsible or liable for any difficulties or consequences associated it use of such third party electronic media.

5. Use Comments, Feedback, and Other Submissions

You are responsible for the information, profiles, opinions, messages, comments and any other information (collectively referred to as “works”) that you post, distribute or share on or through Xalgorithms Foundation’s electronic media or services. You have full responsibility for the works you submit, including their legality, such as conformance with privacy, confidentiality, trademark, copyright or other statutory or contractual rights and obligations. You shall not submit works that are unlawful, or that contain malware, or that Xalgorithms Foundation personnel consider to be abusive or obscene. In regard to all such matters, you are solely liable for any works that you supply to or through Xalgorithms Foundation’s electronic media. Xalgorithms Foundation takes on no responsibility or liability for any works posted by you or any third-party.

Any works submitted by you in response to a request by Xalgorithms Foundation for specific information may be edited, adapted, modified, recreated, published, or distributed by Xalgorithms Foundation for reasonable purposes in support of its mission as a not-for-profit corporation, and within the terms of its bylaws and applicable licenses and contracts.

Xalgorithms Foundation is under no obligation to maintain your works in confidence, or to pay compensation for the use of any works you submit, or to respond to any works you sumbit.

Xalgorithms Foundation reserves the right to terminate your ability to submit information or works via Xalgorithms Foundation’s electronic media and/or services. Xalgorithms Foundation also reserves the right to remove and/or delete any information or works that its deems objectionable. You waive any claim against Xalgorithms Foundation for the removal and/or deletion of your information or works.

6. Your Provision of Personal Information

When providing your personal information (such as personal identification, organizational affiliation, email address, mailing address, credit card number) on or through Xalgorithms Foundation’s electronic media and/or services, you are obliged to ensure the accuracy and completeness of the information you provide. Some of this information is required in order for Xalgorithms Foundation and/or its payment services providers to interact with you. You authorize Xalgorithms Foundation to collect and use this information to communicate with you in accordance with our Privacy Policy. It remains entirely your responsibility to promptly maintain your account and information. Xalgorithms Foundation’s Privacy Policy summarizes how it may collect, use, and share your personal information.

7. Errors and Omissions in Xalgorithms Foundation’s Electronic Media and Services

Xalgorithms Foundation’s electronic media and services may contain errors or inaccuracies and may not be complete or current. Xalgorithms Foundation reserve the right to correct any errors, inaccuracies or omissions and to change or update information or works at any time, without prior notice (including after a Membership registration has been submitted). Such errors, inaccuracies or omissions may relate to Membership or Xalgorithms Alliance descriptions, pricing, promotion and objectives. Xalgorithms Foundation reserves the right to cancel or refuse any transaction based on incorrect pricing or other types of error, to the extent permitted by applicable law. Xalgorithms Foundation undertakes to regularly update and clarify information provided through its electronic media and services.

8. Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of Xalgorithms Foundation’s electronic media and/or services, information or works, which are provided “as is” without warranties, representations or conditions of any kind, either express or implied, including without limitation, availability, accuracy, completeness or usefulness of content or information, uninterrupted access, title to intellectual rights, non-infringement, merchantability or fitness for a particular purpose. Xalgorithms Foundation does not warrant that its media and/or services are timely, secure, uninterrupted or error-free, or that defects will be promptly corrected, or that its systems are free of malware. Xalgorithms Foundation shall not be held liable for any damages of any kind related to any Party’s use of its media and/or services. In no event will Xalgorithms Foundation, or its affiliates or service providers, or any of their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, Xalgorithms Foundation’s electronic media and/or services or information or works or functionality, even if Xalgorithms Foundation has been advised of the possibility of such damages. Xalgorithms Foundation acknowledges that certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and Xalgorithms Foundation’s liability will be limited to the maximum extent permitted by law.

9. Non-Exercise of Rights is not a Waiver

If occasionally Xalgorithms Foundation does not exercise or enforce certain of its rights, that does not imply or constitute a waiver of such rights. Any waiver would need to be communicated explicitly in writing and authorized by the appropriate signing authorities.

10. Severability

Should any provision of the policies, licenses and contracts of Xalgorithms Foundation become invalid, illegal or unenforceable,
that provision does not affect the validity of the remaining provisions of the Agreement. The Parties will promptly negotiate a valid and practicable provision that on the cy près principle, fulfills the business purpose of the original provision.

11. Governing Law

Xalgorithms Foundation is a not-for-profit Canadian federal corporation governed by the laws of Ontario, Canada, and the Canada Not-for-Profit Corporations Act. (Federal Corporation Corporation Number: 9537775; Business Number: 794071522RC0001)

12. Questions or Concerns

Please send all questions, comments and feedback to [email protected]

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