Terms of use

Web site general terms of use

The terms of use provided below (the "Terms of Use") apply to the Kinaxis Web site (the "Web site") and to all products, services, resources, information, materials and other content available on the Web site (the "Site Content").

By accessing the Web site, you have agreed to be bound by and comply with these Terms of Use. Your use of certain resources made available on the Web site or your participation in certain transactions on the Web site may be subject to additional terms and conditions, which we will make available to you prior to or at the time you access these resources or conduct these transactions.

We reserve the right to change these Terms of Use from time to time at our sole discretion and without notice. Any change will become effective on the date they are posted. You can determine this date by looking at the date in the lower right hand corner of this Web page. We recommend that you print a copy of these Terms of Use for reference purposes and revisit these Terms of Use from time to time to ensure you are aware of any changes. Your continued use of the Web site signifies your acceptance of any changed Terms of Use.

These Terms of Use contain certain indemnities, limitations of liability and restricted warranties.

These Terms of Use DO NOT apply to Web sites that you may access using links from the Web site. We do not monitor, review or control in any way and of these third party Web sites.

If you do not agree with the Terms of Use, your sole remedy is to discontinue your use of the Web site.

You represent and warrant to us that your use of the Web site or Site Contents (including the posting, uploading or transmission of software, messages or other materials) will not (a) violate or infringe upon the rights of others, including posting, uploading, downloading or transmitting material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; or (b) post, upload, or transmit content which contains a virus, worm, 'trojan horse' or other harmful component.

By submitting content or feedback to us, you grant to Kinaxis, our subsidiaries and affiliates a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to:

use, store, copy, sublicense, modify, adapt, edit, publish, translate, create derivative works from, transmit, distribute, publicly and privately perform and display any such content or feedback (in whole or in part) and/or to incorporate it in other works in any form, format, media, or technology now known or later developed; provided, however, that with respect to personally identifiable information, such usage shall comply with the terms set forth in our Privacy Policy; and
sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the content or feedback.

We reserve the following rights:

to disclose any information as necessary to satisfy any law, regulation, or authorized governmental request;
to investigate suspected violations of these Terms of Use, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on our servers and network. You hereby consent to and authorize us, our affiliates and agents to cooperate with (i) law enforcement authorities or governmental agencies in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities to enforce these Terms of Use. Such cooperation may include our provision of usernames, IP addresses, or other identifying information; and
to terminate, without notice, your access and use of the Web site or the purchase of products and services from our suppliers or us if, in our sole discretion, you have violated these Terms of Use.

IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE Web site OR SITE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED FROM THE Web site WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THE OPERATION OF THE Web site WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED.

NEITHER KINAXIS NOR OUR SUPPLIERS SHALL BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE) INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEB SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES; OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO.

Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages; so some of the above disclaimers, limitations and exclusions may not apply to you.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Web site and Contents and your purchase of any products or services.

You agree to submit to the personal jurisdiction and venue of the courts of Ontario located in Ottawa, Ontario or any federal court located in Ontario. Choice of law principles and the United Nations Convention for the International Sale of Goods and any legislation implementing such Convention are hereby expressly excluded.

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining terms. The section titles are for convenience only.

Our failure to enforce these Terms of Use, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

Warranties and disclaimers:

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND KINAXIS, ALL INFORMATION AND SOFTWARE ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. KINAXIS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.

REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL KINAXIS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEB SITE. KINAXIS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEB SITE AT ANY TIME.

This Web site can be accessed from other countries around the world and may contain references to Kinaxis products, services, and programs that have not been announced in your country. These references do not imply that Kinaxis intends to announce such products, services or programs in your country.

Registration information:

Should you have registered to review any e-mail bulletins or newsletters, you will begin receiving newsletters and updates of information from time to time. In the event that you no longer desire to receive this information via electronic mail, you may unsubscribe on the Web site or by clicking on the Unsubscribe button on the information itself. We may also send you information, including advertisements, from our content and marketing partners. You can elect not to receive any such information by writing to us. For further information about our data collection and privacy practices, please review our Privacy Policy.

Termination:

In the event of termination of your access to or use of the Web site or Site Contents, the provisions respecting your representations, warranties and indemnities, our Warranties, Disclaimers and Limitations of Liability, Applicable Law and Jurisdiction; and Copyrights and Trademarks will survive unless waived in writing by us.

Last updated September 2013