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Community Terms and Conditions

Effective Date: Sept 1, 2021

Visible Thinking ("the site") is a space to interact with one another and share knowledge, information, and experiences with flow and value stream design, operation, and improvement. The following user terms apply to all who use the site. “We,” “our,” and “us” refer to the applicable the site entity. “You” and “your” refers to you, the individual user and participant in the site.

Community Forum Rules of Engagement

All use of the site is subject to these Terms and the Privacy Policy. By registering for the site, you agree to comply with all applicable the site policies. In addition, users of the site must monitor and control all activity conducted through your the site account and exercise all reasonable efforts to keep all passwords and login information for the site confidential.

Users must never:

• upload to or link from the site any harmful or malicious technology, including malware, that unlawfully accesses information owned by the site or any third party.
• post content that violates applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies, including any rules of any national and other securities exchanges.
• allow another person to post from their account or on their behalf.
• post content that is abusive, offensive, vulgar, obscene, hateful, racist or bigoted, threatening, libellous, defamatory, or fraudulent.
• dox another person, or post content that includes another person’s private or personal information, including but not limited to community forum profile information, images, personal phone numbers, email addresses, addresses, and Social Security numbers.
• post content that the user does not have the required rights to under law and under contractual and fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• post spam or advertisements.
• impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with a person, organization, or entity of the site.
• interfere with or disrupt the operation or integrity of the site or any information, data, content or other materials available on or through the site.
• access the site in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the site.
• authorize, permit, enable, induce or encourage any third party to do any of the above.
• do anything to violate the spirit of these Terms.

Promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a username, password, or account.

User Submissions, Member-Generated Content and Profile Information

As a user of the site, you may have the ability to make information, data, graphics, sounds, videos, messages, profiles and other materials and content, each a “Submission,” available through the site. Submissions include but are not limited to all comments, suggestions, advice, and ideas, including those made or given on an existing or potential the site product or feature. All Submissions are subject to the same licensing provisions contained herein.

Users are solely responsible for all Submissions to the site. the site has no control over users’ Submissions, and we do not endorse any user Submissions. Additionally, the site does not make any promises about the reliability of any source or the accuracy, safety, or intellectual property rights of any Submissions. By posting a Submission, you represent and warrant to either own or have all the intellectual property rights necessary to upload or share all content contained within such Submission and that the Submission does not infringe on the intellectual property rights of others.

Licenses

When you submit content to the site, you do not lose ownership of your Submission. Rather, with each Submission, you grant the site an unlimited, irrevocable, perpetual, and royalty-free license to access, use, reproduce, display, prepare derivative works of, sublicense, perform, and distribute any Submission content, feedback, suggestions, or ideas for any purpose without any obligation or compensation to you.

If you make available through the site ideas and suggestions on the site products or services, you acknowledge and agree that posting such a Submission does not make you an inventor of any invention that may arise during any development of any the site product or service, including those that may incorporate or are related to user contributions to the site. If, despite the foregoing, you retain any right, title, or interest in any invention, you agree to assign to the site all right, title, and interest in and to such invention, effective upon the invention’s conception, creation, or development. To the extent that you retain any right to or interest in any invention after all permissible assignment, you waive all claims with respect to such rights or interests against the site and its affiliates, and any user of any the site product or service. In addition, you grant the site an unlimited, irrevocable, perpetual, and royalty-free license to access, use, reproduce, display, prepare derivatives works of, sublicense, perform, distribute, modify, make, sell, offer to sell, import, analyze, and exploit all or any portion of such invention. You waive and quitclaim to the site any claim for infringement, misappropriation, or other violation of any invention or intellectual property rights assigned or licensed under these Terms.

Moderation

The site is intended to be a place for users of the site products and services to connect, communicate, and share information, experiences, tips, and thoughts on the site products and services. To ensure and foster a positive environment, the site may designate the site employees to act as moderators / administrators for the site ("Community Moderators"). the site reserves the discretion to remove and alter any user Submission to the site at any time, with or without notice, for violation of these Terms or others agreed to; otherwise being deemed inappropriate and/or unlawful; or for any other reason. the site has the discretion to block users who violate these Terms or the Community Forum Guidelines from posting and/or to terminate the user’s the site account.

Intellectual Property Rights and DMCA Policy

We take the intellectual property rights of others seriously and require that our the site users do the same. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through the site, please contact [email protected]

Disclaimer of Warranties

THE SITE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND the site EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THE SITE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Limitation of Liability

NEITHER THE SITE, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO YOUR PARTICIPATION IN THE SITE, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You will defend and indemnify the site and its affiliates, and their respective officers, directors, employees, and contractors, from and against any claim by a third party arising from or related to: (a) your use or attempted use of the site in violation of these Terms, (b) your violation of any law or the rights of any third party, or (c) any Submissions you post to the site, including without limitation any claim of infringement, misappropriation, or violation of any intellectual property, privacy, or other rights.

Modifications

As our business evolves, we may change these Terms, and other policies relating to the site. Any material revisions to these Terms will become effective on the date we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.

Sever-ability

These Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.

Governing Law; Venue

These Terms constitute a binding agreement, and failure to comply with these Terms may result in legal action. This agreement, and any disputes arising out of or related hereto, shall be governed exclusively by the internal laws of the Province of Ontario. The provincial and federal courts located in Toronto, Ontario shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement.