TERMS OF USE


The Risk Navigator mobile application (the “App”) is owned and operated by Kensington Communications Inc. (the “Company”). Please read these Terms and Conditions carefully before using the App. Your access to and use of the App is based on your acceptance of and compliance with these Terms. These Terms apply to all users who access or use the App. By using this App you signify your agreement with the following Terms Of Use and Privacy Policy of Company. If you do not agree with the following Terms Of Use and Privacy Policy, do not use this App.

User Profiles: You are not required to register or create a user profile in order to utilize the App. The App is fully functional without any such registration or personalization. However users are encouraged to register and create a personal profile in order to receive more personalized and accurate feedback from the App relating to their own risk profile. Registration requires the user to create a username and password, with the option of submitting any of the following additional personal information: email, gender, age, height, and weight. There is no requirement to submit your real name or any personal identification. The purpose of collecting the foregoing information is as follows: (1) If you enter your name, the App will henceforth refer to you by name; (2) If you enter your gender, the App will henceforth use this information in risk calculations where the risk differs for men and women (for example with respect to the effects of drinking alcohol); (3) If you create a profile, the information on what risks you choose and other choices you make while using the App will be collected in a non-identifying way. The purpose is not marketing. The purpose is to collect data for academic research. If a password is required to register a user profile then you are responsible for safeguarding the password that you use to access the user profile in the App and for any activities or actions under your password. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Use of the App & Content: The content available through this App, including all information, reports, assessments, databases, graphics, interfaces, text, files, product names, company names, trade-marks, logos and tradenames contained herein (the “Content”), is the sole property of the Company or its clients/licensors and is protected by copyright, trademark and other intellectual property laws. Company hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the App and Content contained therein. Except as otherwise specified herein or in the App, Content posted on and/or linked to from the App may be downloaded, displayed, reformatted and printed for non-commercial personal use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, or broadcast the Content in any form, by any means, in any media now known or hereafter created, or to circulate the Content, or to create derivative works based upon such Content, other than in the context in which such dissemination was intended. User agree that they will not, and will not permit any third party to (a) modify, adapt, alter, translate, or create derivative works from the App; (b) sublicense, lease, rent, loan, sell, distribute, make available or otherwise transfer the App to any third party; or (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the App.

While Our goal is to provide you with helpful and accurate information from our use of the App, the Company makes no representation or warranty of any kind about any App, Content, information, services or recommendations. The Company is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the App. If you rely on any App Content, you do so solely at your own risk. Content provided by the App, including any recommendations, guidance or assessment results are not intended to be a substitute for professional medical advice and YOU SHOULD NOT RELY ON ANY GUIDANCE AND INFORMATION FROM THE APP AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Users are encouraged to seek such professional advice before undertaking any particular activities or otherwise relying on the information provided by the App.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITIES: YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. Company has no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (a) which users gain access to the App; (b) what content you access via the App; or (c) how you may interpret, act upon or use the Content. You release Company and its shareholders, officers, directors, employees, professional advisors from all liability for you having acquired or not acquired content or information through the App. Company makes no representations concerning any content contained in or accessed through the App, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the App. The information and materials posted on this App are not guaranteed to be complete, 100% accurate, or up-to-date.

YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2. COMPANY MAKES NO WARRANTY THAT (i) THE APP WILL MEET YOUR REQUIREMENTS, (ii) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

5. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION BASED UPON A STATUTE, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, RELATING TO THE USE OF THIS CONTENT, OR RESULTING FROM LOSSES OR DAMAGES CAUSED TO YOU BY VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; LINKS TO THIRD PARTY WEBSITES, THE INTERNET BACKBONE, THIRD PARTY CONTENT, PRODUCTS OR SERVICES.

This Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law. In the event of a dispute, the non-exclusive jurisdiction of the Ontario courts shall have jurisdiction. We expressly exclude the applicability of the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (Ontario) as amended, replaced or re-enacted from time to time.