Last Modified: August 30, 2024 

Veksler Inc. (“Veksler”, "we", "us" or "our") is a corporation formed pursuant to the Business Corporations Act  R.S.O. 1990, CHAPTER B.16. In consideration for permitting your access to our website, online courses and related text, audio and video materials (collectively the “Training Materials”), and other good and valuable consideration, you agree as follows:

These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of our websites, including our online platform hosted at https://www.vekslersystem.com/ and related domains and subdomains, in addition to the Veksler Face Fitness System and corresponding Training Materials (collectively the “Veksler Platform”).  

THESE TERMS HAVE PROVISIONS WHICH LIMIT OUR LIABILITY (AND THE LIABILITY OF CERTAIN INDIVIDUALS) AND IMPOSE OBLIGATIONS ON YOU. YOU MUST REVIEW THESE TERMS CAREFULLY BEFORE USING THE VEKSLER PLATFORM. 

By using Veksler Platform, you, the user ("you" or "your"), represent and warrant that (i) you are at least 18 years old; and (ii) you have read and understand these Terms and agree to be bound by them.

If you are using the Veksler Platform on behalf of, or in the employ of, an organization (corporation, trust, partnership, college, university etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms.  In such a case, "you" and "your" will also refer to that organization and yourself individually. For greater clarity, both you as an individual and your organization are legally bound by these Terms which form an agreement between you and Veksler Inc.

AMENDMENTS 

As the Veksler Platform and our Training Materials continues to evolve, we may, at any time, revise these Terms and our policies by updating this page or the page hosting the relevant policy.  The date of the last version of these Terms is posted above.  As you are bound by these Terms each time you use or subscribe to the Veksler Platform, you are responsible for periodically reviewing the amendments to these Terms and you are deemed to have accepted and agreed to such amendments by accessing and using the Veksler Platform after such amendments have been posted.  If you do not agree with the amendments, you shall immediately stop accessing the Veksler Platform and terminate your account, subject to the terms provided for herein. We may also undertake to send you an email or display notice of any changes to the Terms or policies on the platform. 

PRIVACY

We use personal information you provide us in accordance with our privacy policy, which is incorporated by reference and available online at https://www.vekslersystem.com/privacy. By using the Veksler Platform, you consent to such processing and you represent to us that all information provided by you is accurate. 

About the Veksler Platform, Establishing an Account and Licensing Training Materials

The Veksler Platform offers Training Materials for improving face fitness on a subscription basis. To use the Veksler Platform and subscribe to any of our training courses you will be required to register an account and provide certain personal information as referenced in our privacy policy.  

Regardless of whether you pay for your account or subscription directly or not, you agree that access to your account, and corresponding Training Materials, constitutes good and valuable consideration in exchange for agreeing to these Terms and our privacy policy. 

Upon establishing an account, we grant you a non-transferable, non-exclusive, non-sublicensable, personal use license to access the Veksler Platform via your account, and the corresponding Training Materials made available in connection with your account and subscription. 

The grant of license to access the Training Materials shall last for the duration of your paid subscription. However, we reserve the right to revoke your license and your account access to the Veksler Platform if we reasonably believe you are in breach of these Terms. Aside from providing you with access to the Training Materials for the duration of your paid subscription, we make no representations or warranties as to the ongoing availability of the Veksler Platform, or your access to it.

In connection with any license you acquire to access Training Materials via your account, you may:

• Stream videos and audio content from within your account; and 
• View images and written content from within your account; and 
• Print a single copy of any written content made available in connection with your account. 

The above license grant is solely for your own non-commercial use of the Training Materials. You are not permitted to share or distribute the Training Materials or your online account access with others or sell or commercialize, in any manner, or sub-license, any portion of the Training Materials. 

For greater certainty, no part of any Training Materials may be copied or distributed for resale, sublicensing, or other commercial use, or offered for sale or reproduced or distributed on any website, discussion forums, study groups, online chat rooms, file sharing sites or distributed file sharing mechanisms, such as bit-torrent. 

Account Not Transferrable

Access to your account is not transferrable and is only intended for you, the individual for whom the account was established for, even if your account is paid for or made accessible to you by a third party.  As a result, you are not permitted to change the name or username associated with your account, or to use or extend an account license to another individual. 

Account Security

You are responsible for safeguarding the password you use to access the Veksler Platform and you agree not to disclose your password to any third-party.  

You agree to use a unique password for your account which you do not use for any other online service. As we, or our third party technology providers, may send password reset notices and links to your email account registered on the Veksler Platform (i) you are responsible for ensuring that the name you provide for your account is your full legal name, and that the email address provided to us is accurate; and (ii) you represent and warrant to us, and agree that you will ensure, you are the sole person, at all times, with access to the email account registered in connection with your account.

You agree you are responsible for any activity on your account and all correspondence provided to us from any email address or phone number used to register your account, whether or not you authorized that activity or correspondence.  You agree that we are, in respect of any instructions or actions taken by a person using your account, entitled to assume that the person is you; the person whose name and personal information is registered and associated with the account.

You must immediately notify us of any unauthorized use of your account. 

You must inform us in writing of any changes to your contact details and other information provided to us, including, but not limited to, your email address. 

While we and our third party software and technology providers take certain security measures in relation to the Veksler Platform, you acknowledge that the technical processing and transmission of the Veksler Platform and related data and information, including your own account data and information, will involve transmissions over various networks and devices, including networks and devices not owned or controlled by us. We rely on a number of third parties to make the Veksler Platform  available, including data and web hosting providers. You accept all risks in using the Veksler Platform, and indirectly, our use of such third party providers. You agree and acknowledge that in using online platforms, there is always a risk of unauthorized access to and use of your information, including your personal information. So long as we were not directly and grossly negligent in the protection of your information, you accept such risks and agree, to the fullest extent permitted by law, not to hold us liable or responsible for any damages you may suffer as a result. 

ACCEPTANCE OF RISK AND DISCLAIMERS

EVERYTHING ON OUR WEBSITE AND MADE AVAILABLE VIA THE VEKSLER PLATFORM AND OUR SOCIAL MEDIA ACCOUNTS, INCLUDING ALL SUBSCRIPTIONS, TRAINING MATERIALS AND ALL OTHER INFORMATION, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

NONE OF THE INFORMATION PROVIDED ON OUR WEBSITE OR AS PART OF THE VEKSLER PLATFORM, INCLUDING ANY OF OUR TRAINING MATERIALS, PRODUCTS OR SERVICES, ARE PROVIDED AS, NOR ARE THEY INTENDED TO BE, PROFESSIONAL MEDICAL OR HEALTH ADVICE. 

THE TRAINING MATERIALS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY MEDICAL CONDITION. 

UNLESS EXPRESSLY STATED OTHERWISE, ANY INDIVIDUAL DISPLAYED ON OUR WEBSITE, SOCIAL MEDIA ACCOUNTS OR WHICH PROVIDES, PRESENTS OR AUTHORS TRAINING MATERIALS IS NOT A DOCTOR, PHYSIOTHERAPIST, CHIROPRACTOR OR OTHER REGULATED PROFESSIONAL. 

WHILE OUR PRIMARY INSTRUCTOR, VALERIIA VEKSLER, IS (OR WAS, AS OF THE DATE OF THESE TERMS) A REGISTERED NURSE, NOTHING IN THE TRAINING MATERIALS IS, OR INTENDED TO BE MEDICAL ADVICE. NOR IS A NURSE-PATIENT RELATIONSHIP CREATED BY WAY OF THE VEKSLER PLATFORM, OR ANY SUBSCRIPTION YOU MAY HAVE TO THE PLATFORM. 

YOU SHOULD NOT, AND YOU ARE NOT PERMITTED TO, RELY ON ANY INFORMATION OBTAINED FROM US AS MEDICAL ADVICE, OR ADVICE SPECIFIC TO YOUR CIRCUMSTANCES.

PRIOR TO UNDERTAKING ANY EXERCISES OR TRAINING, OR RELYING ON ANY INFORMATION FROM US, YOU SHOULD SEEK PROFESSIONAL ADVICE (WHETHER MEDICAL, CHIROPRACTIC, PHYSIO OR OTHER ADVICE, AS APPLICABLE) TO ENSURE ANY FACE FITNESS ROUTINES ARE SUITABLE FOR YOU, TAKING INTO CONSIDERATION ANY MEDICAL CONDITIONS OR INJURIES YOU MAY HAVE.  

WITHOUT LIMITING THE FOREGOING, YOU SHOULD ESPECIALLY SEEK MEDICAL ADVICE PRIOR TO USING OUR TRAINING MATERIALS IF YOU HAVE PRE-EXISTING MEDICAL CONDITIONS SUCH AS SKIN CONDITIONS, FACIAL INJURIES, NEUROLOGICAL CONDITIONS, BLOOD DISORDERS, VASCULAR CONDITIONS, INFECTIONS, DENTAL OR JAW ISSUES, MENTAL HEALTH CONCERNS (SUCH AS BODY DYSMORPHIC DISORDER), IMPLANTS OR FILLERS (SUCH AS DERMAL FILLERS OR BOTOX). 

YOU SHOULD ALSO CONSULT WITH YOUR DOCTOR PRIOR TO USING OUR PLATFORM, AND TRAINING MATERIALS, IF YOU ARE PREGNANT, ESPECIALLY IF YOU HAVE A HIGH-RISK PREGNANCY OR IF YOU ARE UNDERTAKING ANY MEDICAL TREATMENTS, SUCH AS CANCER TREATMENTS. 

WE ARE NOT A DEGREE GRANTING INSTITUTION, COLLEGE OR UNIVERSITY, NOR ARE WE AFFILIATED WITH ANY SUCH INSTITUTIONS. BY PURCHASING A SUBSCRIPTION TO THE VEKSLER PLATFORM YOU WILL NOT EARN (OR EARN CREDIT TOWARDS) AND DEGREE, CERTIFICATE OR OTHER QUALIFICATION. 

YOU AGREE THAT, WHILE WE STRIVE TO HAVE THE VEKSLER PLATFORM ERROR FREE AND UNINTERRUPTED, WE DO NOT GUARANTEE THE ABSENCE OF ERRORS OR INTERRUPTIONS. YOU AGREE THAT WE SHALL NOT BE HELD LIABLE FOR ANY DAMAGE SUCH ERRORS OR INTERRUPTIONS MAY CAUSE. WE MAKE NO REPRESENTATIONS AND GRANT NO WARRANTIES AS TO THE UPTIME OF THE VEKSLER PLATFORM.  WE MAY ALSO PERFORM SCHEDULED MAINTENANCE WHICH WILL RESULT IN THE VEKSLER PLATFORM BEING UNAVAILABLE FOR CERTAIN PERIODS OF TIME. 

Acceptable Use of the Veksler Platform

In using the Veksler Platform, all Training Materials and any resources we may permit you to use, you agree, and you represent and warrant to us and all other users of the platform, that you:

1. Will not share your account;
2. Will not remove, alter or obscure or tamper with any copyright watermarks, disclaimers, metadata, notices, technological protection measures, or rights management information included with Training Materials;
3. Will not engage in any attempt to circumvent any security or encryption measures used to prevent the reproduction or copying of Training Materials;
4. Will not use the Veksler Platform or Training Materials in a way that has any unlawful or fraudulent purpose or effect;
5. Will comply with all applicable laws, rules and regulations;   
6. Will not use or disclose personally identifiable information belonging to others except (i) with their consent; and (ii) in accordance with applicable privacy laws, rules and regulations;
7. Will not upload, copy, distribute, share or otherwise use or generate data or content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, sexual in nature, threatening, racially or ethnically offensive or abusive, that would violate a third party’s rights (including their intellectual property rights), constitute or encourage a criminal offense or give rise to civil liability or damages;
8. Will not upload, transmit, disseminate, post, share, store, use any content, data or information, perform any services or do anything that infringes on, or contributes to any infringement of, any intellectual property rights; including copyright, trademark, patent or trade secret rights, whether of ours or any third party;
9. Will not disclose your password or transfer your account to any third party, or allow any third party to access your account or the contents of our platform which require account access;
10. Will not impersonate any person or entity;
11. Will not upload, copy, distribute, share, create or otherwise use content, code or information that contains or embodies software viruses or any other malicious computer code that is designed to interrupt, undermine, destroy or limit the functionality of any computer software, hardware or communications equipment, or that is designed to perform functions on any software, hardware or equipment without the owner's express consent;
12. Will not use any software to take screenshots, screen record or implement any data scraping techniques that access the Veksler Platform or Training Materials to copy, scape, capture or pull data or information for any purpose, whether such purpose would constitute copyright infringement or not and whether such data or information was displayed publicly or not. Notwithstanding the foregoing, in this paragraph, you are not restricted from using software that supports accessibility such as braille readers, screen readers, or “zoom text” OR dyslexia support software intended to make the Veksler Platform more readable; 
13. Will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Veksler Platform and its underlying software code or Training Materials; and
14. Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Veksler Platform.

We may, but have no obligation to, remove or suspend users from the Veksler Platform that we determine, in our sole discretion, to have, or which may reasonably appear to have, violated these Terms. If you are removed from the Veksler Platform as a result of a breach of these Terms you will not be eligible for a refund or to enroll in other courses in the future. 

You agree that we may log your internet protocol (“IP”) address and device information to ensure you have not shared your account with others or that your account is being accessed by more than one device at the same time. 

If you are in breach of these Terms by, among other things, permitting multiple IP addresses and/or MAC addresses to access your account at the same time, we may (i) remove your account access and not issue a refund; and (ii) seek any other damages or remedies from you as may be available at law. 

Fees

Our fees for using and subscribing to our Training Materials and other content on the Veksler Platform are displayed on our website.  Upon subscribing for account access, you agree to pay all fees associated with or arising from your account, in addition to any renewals thereof, whether you subscribe on a monthly, annual or other basis.

Your subscription to the Veksler Platform will automatically renew upon the expiration of your then current term, whether you subscribe on a monthly, annual or other basis. You may cancel your subscription anytime before the automated renewal. Upon such cancellation, you will continue to be able to access your account for the duration of your then current subscription period.  However, following the automated renewal of your subscription period, you agree to pay all subscription fees and applicable sales taxes for the ensuing monthly, annual or other period, as applicable, and that we may automatically bill your payment method on file for your subscription renewal.  

Our fees are subject to change from time to time, however, no such changes will apply retroactively to your then current subscription period. Updated fees will be payable if you wish to subscribe past your then currently subscription period, whether billed monthly, annually or otherwise. In the event you are an existing subscriber, we will give you notice of our new subscription fees that apply to you, via email, prior your automatic subscription renewal date. 

You agree to pay any and all sales taxes, whether Canadian or foreign, applicable to this agreement or arising in any way from your account and access to and use of the Veksler Platform or Training Materials. 

No Refunds

Given the nature of our platform, and that you will immediately gain access to the platform’s contents and Training Materials upon registering and paying for your account, we do not offer refunds. 

However, if we elect to no longer make the Veksler Platform available to you specifically, or all users, part-way through your subscription, aside from instances where you are in breach of these Terms, we agree to refund part of your subscription fees, on a pro-rata basis, based on the number of days you will not be able to access Training Materials which you subscribed to, and paid for.  Upon request, we will also grant you a pro-rata refund in the event you are no longer able to access the Training Materials, for a period of two weeks or longer, if we suffer an extraordinary event (as described below), and we are unable to re-offer you access the Training Materials, within a three week period.

LIMITATION OF LIABILITY

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, TRAINERS (INCLUDING THOSE WHO PROVIDE, AUTHOR, PRESENT OR ARE FEATURED IN TRAINING MATERIALS), CONTRACTORS OR EMPLOYEES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE OR OTHERWISE, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PERSONAL INFORMATION, LOSS OF BUSINESS OPPORTUNITIES OR ECONOMIC DISADVANTAGE, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE VEKSLER PLATFORM, THE TRAINING MATERIALS, OR ANY RELATED CONTENT, PRODUCTS OR SERVICES.

IF YOU ARE DISSATISFIED WITH THE VEKSLER PLATFORM, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, LICENSORS OR EMPLOYEES, THEN YOUR REMEDY IS TO DISCONTINUE ACCESSING AND USING THE VEKSLER PLATFORM AND TRAINING MATERIALS.

IN ADDITION TO THE ABOVE LIMITATIONS ON LIABILITY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO CIRCUMSTANCES, AND REGARDLESS OF ANY TYPE OF DAMAGE, PERSONAL INJURY, LOSS OR DEATH CAUSED,  SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF THE VEKSLER PLATFORM, THE TRAINING MATERIALS, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU TO US (DIRECTLY OR INDIRECTLY), TO ACCESS THE PLATFORM AND SUBSCRIBE TO TRAINING MATERIALS.

YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS VEKSLER PLATFORM WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.

Without limiting any other section of these Terms, you agree that we shall not be responsible for any damages you suffer arising from the acts or omissions, including the negligent acts or omissions, of other users on the Veksler Platform, our independent contractors, payment processors or third-party service providers.

Indemnification 

You agree to indemnify us, our employees, shareholders, directors, officers, licensors and our independent contractors and to defend and hold each of them harmless, from any and all claims, damages, personal injury, death, harm, loss and liabilities (including reasonable legal fees) which may arise from (i) your violation of these Terms or any policy incorporated by reference; (ii) your violation of any third-party right; (iii) any breach of a representation or warranty made by you to us, either in these Terms, privacy policy or otherwise; or (iv) any claim for damages suffered by another user of our products or services which you caused or contributed to. 

You agree that any provision of these Terms in which you covenant or which obligates you to limit the liability of, hold harmless or indemnify any person or entity who is not a party to this agreement (such as our directors, officer, shareholders, employees, licensors, contractors and others), that such covenants and obligations are accepted by Veksler as agent and trustee for each such third party. Veksler declares itself trustee of such covenants and obligations for each such third party; such covenants and obligations may be enforced by Veksler on behalf of any such third party.

Proprietary Rights 

The Veksler Platform contains open source and public domain content, licenced content as well as proprietary content owned by us and by third parties.  You are not permitted to copy or distribute any content (including but not limited to Training Materials, software code, images, trademarks, videos and audio) on or underlying the Veksler Platform without the express consent of the owner. 

All rights, title and interest in and to the Veksler Platform are and will remain the exclusive property of Veksler Inc. and our licensors.

The Veksler Platform and all content thereon (including Training Materials) are protected by copyright, trademark and other laws of Canada, the United States and foreign countries.  Except as expressly permitted in these Terms under the personal use license granted herein, you agree not to copy, screen record, screen capture, reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Veksler Platform or any Training Materials or content, without our express written consent.  

You are not permitted to use any trademark or trade name of Veksler Inc., including our logo, without our express permission.

Confidentiality

As a condition of your subscription and in consideration of us grating you account access, you agree to keep our Training Materials strictly confidential.  We have made significant investments to develop, design and deliver the courses and Training Materials.  The Training Materials are the main way how Veksler distinguishes itself from courses covering the same or similar subject matter offered by competitors.  The information included and compiled in the Training Materials consists of unique proprietary information that is protected by intellectual property, trade secret and common law rights.  In recognition of the substantial investment made by Veksler into the Training Materials and the fact that disclosure of the Training Materials would have a severely negative impact on Veksler’s competitive position, you agree to keep the Training Materials strictly confidential and to not disclose, record, copy, duplicate, reproduce, disseminate, share, facilitate access to, sell, offer to sell or share, or otherwise make available the Training Materials (in whole or in part), directly or indirectly, to anyone else in any medium or format.

You further agree that should a breach of your confidentiality obligations occur, Veksler can elect to seek damages and/or injunctive relief in addition to immediate termination of your access to the Veksler Platform and Training Materials.  

Your Content

The Veksler Platform may permit you and other users the ability to upload and post content ("User Content"). As between you and us, you own your User Content. We do not pre-screen User Content uploaded or posted to the Veksler Platform by you or other users. However, we may review your User Content and delete it from our platform in our sole and absolute discretion. 

In connection with your User Content, you affirm, represent and warrant that you own or have the necessary licenses, rights, consents and/or permissions to use and authorize us to use all trademark, copyright or other proprietary rights in and to your User Content in the manner contemplated by the Veksler Platform.

You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the Veksler Platform in order to facilitate the ordinary use of the Veksler Platform.  

We do not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements you provide us (“Feedback”) to be confidential information. If you send any Feedback to us, you acknowledge and agree that we shall not be under any obligation of confidentiality with respect to the Feedback and nothing in these Terms limits or restricts our right to independently use, develop, evaluate, or market products or services, whether incorporating the Feedback or otherwise.

By displaying your User Content and the content of other users on our platform, we do not endorse that content or its accuracy or reliability. We make no representations or warranties in respect of such content. You review, access and rely on that content at your own risk. 

Extraordinary Events / Force Majeure

You agree to not hold Veksler, or our employees or contractors, responsible or liable for the consequences of extraordinary events. Examples of extraordinary events include without limitation, the following: (1) acts of God, landslide, flood, washout, fire, lightning, disaster, earthquakes or storms; (2) actions of military, naval, civil authorities, war, revolution, political disturbance or terrorism; (3) civil disturbance; (4) expropriation, acts or restraints of a governmental body or authority, failure to obtain a requisite permit or authorization from a governmental authority by reason of any statute, law, or Order-In-Council, or any law, rule, regulation or order duly passed by governmental authorities; (5) unusual delay by common carriers; (6) sabotage, rebellion, vandalism, riot,  blockade,  insurrection,  strike,  lockout or explosions; (7) unreliability or non-availability of labour or contractors, materials, service, equipment, goods, utility, network or facilities; (8) potential or actual outbreaks of disease, viruses or quarantine; (9) anticipated or actual public health orders; (10) cancellation or unavailability of venues; (11) cyberattack, malware, discovery of cyber-vulnerabilities, or a denial of service attack; (12) hardware or software or networking or data center issues resulting in decline in reliability or availability; or (13) any other event or eventuality or reasonable possibility of an event that could prevent or materially affect the smooth functioning of our website(s), our platform or access to Training Materials.

Copyright Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Veksler Platform, please notify us at [email protected].

Linked Sites

Whether or not we are affiliated with websites or third-party vendors that may be linked to the Veksler Platform, you agree that we are not responsible for their content, products or services.  Internet links found on the Veksler Platform or otherwise provided by us, whether posted by us or a third party, are not an endorsement and we do not represent or warrant the accuracy or truth of the contents, or endorse the products, services or information found on said websites.  You access those links and corresponding websites, products and services at your own risk.

DISCLAIMER RELATED TO THIRD PARTY PRODUCTS AND SERVICES

To the extent Veksler directly or indirectly recommends, endorses, integrates with, or refers you to products or services offered by third parties, whether they integrate with the Veksler Platform or not, you agree and acknowledge that:

1. Veksler makes no representations or warranties regarding such third parties, their products or services; 
2. It is your obligation to undertake your own due diligence concerning such third parties, their products and services; 
3. You access and use such third party products and services at your own risk; and 
4. TO THE FULLEST EXTENT PERMITTED BY LAW, VEKSLER AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AND AGENTS SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU FOR ANY LOSS OR DAMAGE, HOWSOEVER CAUSED (INCLUDING BY NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH PRODUCTS, SERVICES, OR INTEGRATIONS OFFERED BY ANY SUCH THIRD PARTIES. 

Governing Law and Dispute Resolution 

These Terms shall be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada and the laws of Canada applicable therein, without regard to any conflict of laws rules which may result in the application of the laws of any other jurisdiction. 

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

Any disputes arising out of or in connection with these Terms shall be resolved exclusively by the courts in the Province of Ontario, including any Canadian federal courts with jurisdiction therein. The parties irrevocably submit to the jurisdiction of such courts for the purpose of any dispute, controversy or claim arising out of or related to these Terms, or the relationship created by these Terms. 

Severability 

If any provision of these Terms (or any part thereof) are found to be unlawful, void, or for any reason unenforceable, then that provision, or the applicable part thereof, shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

No Construction Against Drafter

If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.

Waiver of Class Proceedings and Trial By Jury

To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors.  

To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.

Incorporation by Reference

All policies referred to in these Terms or anywhere on the Veksler Platform are hereby incorporated by reference, including but not limited to our Privacy Policy.

Termination

Though we would much rather you stay, you can stop using the Veksler Platform at any time. Please contact us to learn more about terminating your account.  Notwithstanding your decision to delete your account or nor longer use the Veksler Platform, we do not offer refunds where you elect to cancel or terminate your account before the end of any subscription period.

We also reserve the right to suspend your account and access to the Veksler Platform at any time, if you are, or we reasonably believe you are, in breach of these Terms.  

The cancellation, suspension or termination of access to the Veksler Platform shall not terminate this agreement.  In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, our proprietary rights, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.

Assignment of this Agreement

These Terms shall enure to the benefit of and is binding upon the parties and their respective successors and permitted assigns. You agree that we may assign this agreement, between us and you, to any successor or assignee, whether pursuant to the purchase of the Veksler Platform by a third party, the transfer of control of Veksler Inc. or otherwise. 

Right to Seek Injunction

Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

New Features

Any new features that augment or enhance the current Veksler Platform, including the release of new versions, new content, new Training Materials, new products or services, tools and resources, shall be subject to these Terms.  

Entire Agreement

These Terms, in addition to our privacy policy and all documents and agreements incorporated by reference, form the entire agreement between the parties relating to the matters contained herein and shall not be modified except (i) by publication of a subsequent version of these Terms by us; or (ii) in writing, in an addendum or other agreement, signed by a duly authorized representative of Veksler Inc.