Legal
Terms and Conditions
Effective Date: April 29, 2021
Welcome to the Kneading Dough Canada website, www.kneadingdough.ca. This website and its subdomains are owned and operated by Uninterrupted Canada Inc. (“Uninterrupted,” “we,” “our,” and “us”). Except as otherwise noted herein, these terms of use (the “Terms of Use”) govern your use of the Kneading Dough Canada website and any other online or mobile website applications or digital services operated by Uninterrupted Canada and /or its affiliates that post a link to these Terms of Use (collectively, the “Site”). Please read these Terms of Use carefully – they form a contract between you and Uninterrupted Canada. By accessing or viewing the Site or participating in or using any service offered on this Site (collectively, the “Services”), you agree to these Terms of Use. If you do not agree to these Terms of Use, you should not access or use the Site. Uninterrupted Canada reserves the right to make changes to the Site and to these Terms of Use from time to time. The amended Terms of Use will automatically be effective when posted on this Site. For this reason, Uninterrupted Canada encourages you to review these Terms of Use whenever you use our Site because by visiting the Site, you agree to accept any such changes. Uninterrupted Canada provides you with access to and use of the Site subject to your compliance with these Terms of Use.
All references to “you” or “your,” as applicable, mean the person that registers for, accesses, or uses the Services. You represent and warrant that you are at least 16 years of age, or if you are ages 13 to 16 years of age, that you are visiting the Site under the supervision of a parent or guardian who has agreed to these Terms. If you are under 16 years of age, your parent or guardian must provide written consent for you to use the Site. Our Site is not intended for those under the age of 13.
Use of The Site
When you access this Site, you agree to comply with these Terms of Use and any other policies or requirements posted on the Site. You agree to abide by all applicable laws, rules, and regulations when registering for, accessing, or using the Services, and may not engage in fraud or misuse of the Services or any conduct that is harmful or harassing to anybody.
Violating the security of the Services is prohibited and may result in criminal and/or civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations. Without limiting the foregoing, you must not do (and agree not to do) any of the following:
Violate any applicable law or legal requirement.
Engage in fraud or misuse of the Services.
Engage in conduct that is harmful or harassing to anybody.
Post, upload, publish, submit, or transmit any content that:
Infringes, misappropriates, or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
Violates, or encourages any conduct that would violate, any applicable law or ive rise to civil or criminal liability;
Is fraudulent, false, misleading, or deceptive;
Is defamatory, obscene, pornographic, vulgar, or offensive;
Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
Is violent or threatening or promotes violence or actions that are threatening to any other person;
Promotes illegal or harmful activities or substances;
Constitutes spam, or competes with our business;
Contains any computer virus or other malicious code designed to attack, damage, divert, take over, disable, overburden, or otherwise impair the Services.
Attempt to scrape or collect any personal or private information from the Services or from other users of the Services.
Resell the Services, in whole or in part, or any content residing or displayed within or through the Services.
Intercept, monitor, damage, or modify any communication not intended for you.
Otherwise impersonate or misrepresent your affiliation with any person or entity.
Alter the way that an aspect of a Site we provide is displayed or delivered to other users.
Access, tamper with, or use non-public areas of a Site we provide, our computer systems, or the technical delivery systems of us or our providers.
Attempt to probe, scan, or test the vulnerability of the Services or breach any security or authentication measures.
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure intended to protect, limit access to or control the Services.
Access the Services if we have requested that you refrain from such access.
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services.
Assist or permit anybody to violate these Terms of Use.
We and our third-party partners reserve the right to restrict, block access to, suspend or terminate the Services for any reason or no reason, without notice, at any time.
You acknowledge that we have no obligation to monitor your access to or use of the Services for violations of the Terms of Use, or to review any content you submit to us. However, we have the right to do so for the purpose of operating and improving the Services (including, without limitation, for fraud prevention, risk assessment, investigation, and customer support purposes), to ensure your compliance with the Terms of Use, and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency, or other governmental body.
In addition, we reserve the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying, or removing features and functionality of the Services, or updating how our Services are provided.
Trademarks, Copyrights and Restrictions
All material on the Site, including, but not limited to images, artwork, photographs, moving images, characters, names, graphics, logos, files, service marks, computer code, illustrations, audio clips, video clips, user interfaces, visual interfaces, the design, structure, selection, coordination, “look and feel” and arrangement of these items, is protected by copyrights, trademarks, service marks, trade dress, patents, moral rights, or other proprietary rights (“Content”) which are owned and/or controlled by Uninterrupted Canada or its affiliates, or by other parties that have licensed their material to Uninterrupted Canada, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Your use of this Site shall not grant you any claim of ownership over any Content. You may use material from the Site only for your own personal, non-commercial use, provided that you maintain any notices contained in the Content, or maintained by the Licensor or Author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. Unauthorized modification of the materials or use of the materials for any other purpose is a violation of the Federal copyright and trademark laws and other proprietary rights. Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, sold, rented, leased, displayed, performed, broadcast, or distributed in any way without express authorization. The use of any such material on any other website, including by linking or faming, or in any networked computer environment, unless expressly authorized, is prohibited.
For permission to use Content from this Site or from marketing material authored by Uninterrupted Canada, you must request written permission in advance and provide full attribution
Copyrights
Uninterrupted Canada respects the rights of all copyright holders. All material, information and content available on a Uninterrupted Canada Site (collectively, “Content”), including the manner in which such Content is presented, and the Services are: Copyright © Uninterrupted Canada Inc., its affiliates and / or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. Uninterrupted Canada grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through an Uninterrupted Canada Site or any of the Services, including without limitation, by caching, framing or similar means without prior written consent of the respective copyright owner of such Content.
Privacy
Uninterrupted Canada respects the privacy of the visitors to the Site. To see the Site's Privacy Policy, which explains our practices related to the collection and use of your information through or in connection with the Site or the Services, please click here. The Privacy Policy is incorporated into these Terms of Use, and you understand that through your use of the Site or the Services, you consent to the collection and use of your personal information.
Linked Sites
The Site may contain links to third party websites on the Internet that take you outside of the Kneading Dough Canada Site and the Services ("Linked Sites"). Uninterrupted Canada provides these links only as a convenience. Linked Sites are operated subject to their own terms of use and privacy policies. You should be sure that you read and agree to those policies. Uninterrupted Canada does not control, endorse, sponsor, recommend, or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content or the accuracy, currency, legality, completeness or decency of material contained in any Linked Sites. The links to these websites are for your convenience only, and you access them at your own risk.
Uninterrupted Canada welcomes links to the Site. You may establish a link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your website by Uninterrupted Canada, its affiliates, or any group or individual affiliated with Uninterrupted Canada. You may not use on your website any logos, trademarks, service marks, or other copyrighted materials appearing on the Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another website any of the Content or other materials on the Site without prior written consent.
Unsolicited Creative Submissions or Communications
Uninterrupted Canada does not accept or consider creative ideas, suggestions or materials other than those Uninterrupted Canada has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by Uninterrupted Canada or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. Uninterrupted Canada’s practice is that creative ideas, suggestions or materials are only accepted for consideration when requested by Uninterrupted Canada and submitted by a franchised literary agent or production executive with whom Uninterrupted Canada has established a working relationship, and from whom Uninterrupted Canada has received an executed submission agreement. Uninterrupted Canada’s policy is to delete or discard any such unsolicited submissions/communications without reading, forwarding or responding to them.
Indemnification
You agree to defend, indemnify, and hold harmless Uninterrupted Canada, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties, or other liabilities in any way associated with (i) your use of and access to the Site or Services; (ii) your violation of any of the Terms of Use; and (iii) your violation of any third party right, including any copyright, trademark, trade secret, or privacy right related to your use of the Site.
Disclaimer
The information and materials on the site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Uninterrupted Canada disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Uninterrupted Canada does not warrant that the functions contained in the materials will be without interruption or error-free, that defects will be corrected, or that Uninterrupted Canada or the server that makes them available are free of viruses or other harmful components. Uninterrupted Canada does not warrant or make any representations regarding the use or the results of the use of the information or materials on the site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Uninterrupted Canada) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The information and material
The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by Kneading Dough Canada through an Uninterrupted Canada Site or any of the Services is: (a) for information purposes only; (b) not tailored to the needs or circumstances of any person; and (c) to the extent if applicable to a particular security, only a general discussion of the merits and risks associated there with, d) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by Uninterrupted Canada, and e) not necessarily reflective of the views or policy of Uninterrupted Canada, including the publisher, contributors and staff of, and advertisers on, an Uninterrupted Canada Site. You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as investment advice by Uninterrupted Canada. You should apply your own judgment in making any use of any Content, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions. PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. UNINTERRUPTED CANADA DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATION SOURCE. You acknowledge that Uninterrupted Canada or its affiliates may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through an Uninterrupted Canada Site. The views and opinions expressed on an Uninterrupted Canada Site are not intended to constitute a description of securities bought, sold, or held on behalf of Uninterrupted Canada nor an indication by Uninterrupted Canada of any intention to buy, sell, or hold any security.
Uninterrupted Canada Sites may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (the “Professional Information”). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of an Uninterrupted Canada Site does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Uninterrupted Canada Inc., including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
Furthermore, neither Uninterrupted Canada nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data / materials may be furnished) for any loss, damage (whether actual, consequential, punitive, or otherwise) injury, claim, liability for other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in the web site.
Limitation of Liability
To the fullest extent permissible by applicable law, in no event shall Uninterrupted Canada, or its present or future parents or affiliated companies (or its officers, directors, agents or employees), be liable to you for any personal injury, property damage, lost profits, loss of revenue, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages arising out of or in connection with these terms of use, any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the site, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the site. You agree that this limitation of liability applies whether such allegations are based on warranty, contract, tort, negligence, or otherwise, regardless of the basis upon which liability is claimed and even if Uninterrupted Canada or its present or future parents or affiliated companies has been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, you also specifically acknowledge that Uninterrupted Canada and/or its present or future parents and affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the site or any other third parties. In no event will Uninterrupted Canada’s aggregate liability (or the aggregate liability of its officers, directors, affiliates, agents, and employees) arising out of or in connection with these terms of use, the site, or the services (whether in contract, tort, negligence, warranty or otherwise) exceed $100. Any cause of action arising out of or related to the website must begin within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
You expressly acknowledge and agree that in no event shall Uninterrupted Canada, including its affiliates and licensors, be Iiable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether Uninterrupted Canada had been advised of or could have foreseen the possibility of such damages, arising out of or in connection with (a) the use, inability to use or performance of any of the services of an Uninterrupted Canada site, (b) any unauthorized access to or modification to any of your content or transmissions, or (c) any other matter related to an Uninterrupted Canada site or any of the services.
You expressly acknowledge that Uninterrupted Canada has entered into this agreement, and has and will make an Uninterrupted Canada Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Uninterrupted Canada. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
Jurisdictional Issues
The Materials and all other content and features on the Site are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in Canada, its territories, possessions, and protectorates. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Site, and/or the provision of products, content, services, and/or technology on or through the Site shall be governed by and construed exclusively in accordance with the laws and decisions of the Province of Ontario applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
All Uninterrupted Canada Sites and Services are controlled, operated and administered by Uninterrupted Canada from its offices within Canada. Uninterrupted Canada makes no representation or warranty that a Uninterrupted Canada Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access an Uninterrupted Canada Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through an Uninterrupted Canada Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to Section 24 (Arbitration and Actions), each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
Disputes and Arbitration
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any Uninterrupted Canada Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
