Terms and Conditions
Lucidia Ltd.'s User Agreement (hereinafter referred to as Lucidia)
It is important that you read all the terms and conditions carefully. Lucidia owns and operates this website, located at http://www.lucidia.com (the website). This User Agreement (this Agreement) states the terms and conditions under which you may access and use the website. By accessing and using the website you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the website. If you are dissatisfied with the terms, conditions, rules, policies, guidelines, or practices of Lucidia in operating this website, your sole and exclusive remedy is to discontinue using the website. Lucidia may revise this Agreement at any time by updating this posting. Use of the website after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.
All materials displayed or otherwise accessible through the website, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the Content) are protected under Canadian and foreign copyright or other laws, and are owned by Lucidia, its licensors or the party accredited as the provider of the Content. In addition, the website is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the website. Any use, reproduction, alteration, modification, public performance or display, uploading or posting onto the Internet, transmission, redistribution or other exploitation of the website or of any content, whether in whole or in part, other than expressly set out herein, is prohibited without the express written permission of Lucidia.
Disclaimer Of Warranties
The website and all content is provided as is. By accessing and using the website you acknowledge and agree that use of the website and the content is entirely at your own risk. Lucidia makes no representations or warranties regarding the website and the content including, without limitation, no representation or warranty: (I) that the website and/or content will be accurate, complete, reliable, suitable or timely; (II) that any content, including, without limitation, any information, data, software, product or service contained in or made available through the website will be of merchantable quality or fit for a particular purpose; (III) that the operation of the website will be uninterrupted or error free; (IV) that defects or errors in the website will be corrected; (V) that the website will be free from viruses or harmful components; and (VI) that communications to or from the website will be secure or not intercepted.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL LUCIDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF LUCIDIA KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL LUCIDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100) EVEN IF LUCIDIA HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL LUCIDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF LUCIDIA OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION (if applicable).
LUCIDIA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEBSITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL LUCIDIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEBSITE LINKED TO OR FROM THE WEBSITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEBSITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEBSITE LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE LUCIDIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR BY THIRD PARTIES THROUGH THE WEBSITE.
The information contained on the website is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
The website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Lucidia of the contents of such third-party websites. Lucidia is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party websites; or (iii) any representation or warranty that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components. While Lucidia encourages links to the website, it does not wish to be linked to or from any third-party website which (i) contains, posts or transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Lucidia or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Lucidia reserves the right to prohibit or refuse to accept any link to the website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the website upon the request of Lucidia.
You agree to indemnify, defend and hold harmless Lucidia and its officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from: (i) your breach of any of the terms and conditions of this Agreement; (ii) your access, use or inability to access or use the website or any website to which the website is or may be linked to from time to time; (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the website; and/or (iv) your violation of any law or regulation.
Please note that information sent or received over the Internet is generally unsecured and Lucidia cannot and does not make any representation or warranty concerning security of any communication to or from the website or any representation or warranty regarding the interception by third parties of personal or other information.
Lucidia may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the website, (or any portion thereof). Lucidia may also terminate your right to access and use the website, or any part of the website, if you breach any term or condition of this Agreement.
Governing Law and Jurisdiction
The website (excluding linked websites) is controlled by Lucidia from its offices within the Province of Ontario, Canada. By accessing or using the website, you agree that all matters relating to your access to, or use of, the website and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Any consent by Lucidia to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties.
B. Notification of Changes
B. Information We Collect
C. Our Use and Disclosure of Information
D. Information Security
E. Accessing and Changing Your Information
F. Contacting Us
B. Notification of Changes
Lucidia’s website may include links to third party websites. These sites are governed by their own privacy statements, and Lucidia is not responsible for their operations, including but not limited to their information practices. Users submitting information to or through these third party websites should review the privacy statement of these sites before providing them with personally identifiable information.
C. Information We Collect
Because of the way that World Wide Web communication standards work, when you arrive at or leave the Lucidia's website, we automatically receive the Web address of the site that you came from or are going to. We also collect information on which pages of our website you visit while you are on the Lucidia website, the type of browser you use and the times you access our website. We use this information to try to understand our customers' preferences better and to manage the load on our servers, so as to improve our service and your experience with Lucidia.
"Cookies" are small files of data that reside on your computer and allow us to recognize you as a Lucidia website user if you return to the Lucidia website using the same computer and browser. We may send a "session cookie" to your computer if and when you log in to your Lucidia account (if applicable) by entering your e-mail address and password. These cookies allow us to recognize you if you visit multiple pages in our site during the same session, so that you don't need to re-enter your password multiple times.
We may also use longer-lasting cookies to display your e-mail address on our sign-in form, so that you don't have to retype the e-mail address each time when you log in to your Lucidia account (if applicable). Our cookie files are encoded so that your e-mail address and other information can only be interpreted by Lucidia.
Customer Service Correspondence
If you send us correspondence, including e-mails and faxes, we retain such information in our records. We will also retain customer service correspondence and other correspondence from Lucidia to you. We retain these records in order to measure and improve our customer service and to investigate potential fraud and violations of our User Agreement. We may over time, delete these records if permitted by law. If you submit your e-mail address to Lucidia as part your interaction with the Lucidia website, including but not limited to use of any of the forms on the site or through our “Contact” service or as part of a registration process (if applicable) on the website, your e-mail address will be retained by Lucidia for the purpose of communicating with you.
In addition, from time to time, we offer optional questionnaires and surveys to our users for such purposes as collecting demographic information or assessing users' interests and needs. If we collect personally identifiable information from our users in these questionnaires and surveys, the users will be given notice of how the information will be used prior to their participation in the survey or questionnaire.
D. Our Use and Disclosure of Information
We collect, store and process your personal information on servers located in Canada.
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
- provide the services and customer support you request;
- resolve disputes, collect fees, and troubleshoot problems;
- prevent potentially prohibited or illegal activities, and enforce our User Agreement;
- customize, measure, and improve our services and the content and layout of our website; and
- tell you about targeted marketing, service updates, and promotional offers based on your communication preferences.
We also use IP addresses, browser types and access times to analyze trends, administer the site, improve site performance and gather broad demographic information for aggregate use.
Disclosure to Third Parties Other Than Lucidia Customers
Lucidia will not sell or rent any of your personally identifiable information to third parties. However, we disclose information in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action. As Lucidia may outsource some of its functions, including data storage and processing, to related entities or service providers in foreign jurisdictions those related entities or service providers may be required to disclose your personal information pursuant to a subpoena or other legal process which originates in that foreign jurisdiction. We also disclose information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).
Contact with Lucidia's Website Users
We communicate with users on a regular basis via e-mail to provide requested services, to resolve customer complaints, to investigate suspicious transactions and to provide informational or promotional information about Lucidia.
E. Information Security
Lucidia is committed to handling your customer information with high standards of information security. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to personal information only to employees who need to know that information in order to fulfill their job responsibilities.
If you register for an account through the Lucidia website (if applicable), the security of your Lucidia account will rely on your protection of your Lucidia password. You may not share your Lucidia password with anyone. If you do share your Lucidia password with a third party for any reason, including because the third party has promised to provide you additional services such as account aggregation, the third party will have access to your account and your personal information, and you may be responsible for actions taken using your password.
F. Contacting Us