Terms and Conditions | Sourced Group

Sourced Group Inc. (hereinafter also referred to as “Sourced Group”, “us” or “we”) maintains this website, www.sourcedgroup.com (the “Website”) as a service to its users. Please review the following General Terms and Conditions of Use (the “Agreement”) terms carefully. If you do not agree to these terms, you should not review information or obtain documents from this site. The products and services (the “Products and Services”) offered by or through Sourced Group are made available subject to the following Terms and Conditions. By using the Products and Services, you are agreeing to be bound by, and to comply with, these Terms and Conditions and any other terms and conditions or terms of service posted on any individual web site and and that they supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, goods and services provided by or through the Website, and the subject-matter of this Agreement. Users agree to review this Agreement prior to reviewing any information or obtaining any documents. This Agreement may be amended by us from time to time without specific advance notice to you. The latest Agreement will be posted on the website, and you should review the Agreement prior to using the site.All information collected from you (a “User”) is collected, stored, and shared in accordance with the Sourced Group Privacy Policy found at https://www.sourcedgroup.com/privacy-policy/.

1. Personal Use Only

Sourced Group hereby grants you permission to use the Website and associated Products and Services in accordance with this Agreement, provided that:

your use of the Website is solely for your personal use;
you will not copy or distribute any part of the Website in any medium or manner inconsistent with this Agreement without Sourced Group’s prior written consent;
you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
you will otherwise comply with this Agreement.

In order to access some features of the Website, you may have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Sourced Group immediately of any breach of security or unauthorized use of your account. Although Sourced Group will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sourced Group or others due to such unauthorized use.

You are prohibited from disrupting or interfering with the security or use of the Website or any linked sites; interfering with or damaging the Website, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic email address information or similar methods or technologies; attempting to use another user’s account, impersonate another person or entity, misrepresenting your affiliation with a person or entity, including (without limitation) Sourced Group, federal, provincial or municipal government, or a political candidate, or attempt to create a false identity; attempting to gain unauthorized access to the Website that is restricted from general access; engaging, directly or indirectly, in the transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation, except for any part of the site that is specifically designated for solicitations; collecting, manually or through an automatic process, information about other users without their express consent or other information relating to the Website; using any meta tags or any other “hidden text” utilizing Sourced Group’s name, Marks or Content; advertising, offering to sell, or selling any goods or services, except as expressly permitted by Sourced Group; engaging in any activity that interferes with a third party’s ability to use or enjoy the Website; or assisting any third party in engaging in any activity prohibited by these Terms of Use.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Sourced Group servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Sourced Group grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Sourced Group reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website.

Sourced Group reserves the right to establish data transfer restrictions and/or limit the total amount of data transfer associated with your account. User accounts may be closed by Sourced Group should the total amount of data transfer exceed an amount deemed excessive in Sourced Group’s sole discretion.

2. Changes in Terms and Conditions and Changes in Products and Services

Sourced Group reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. Sourced Group reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.

3. Privacy

Click here to review Sourced Group’s Privacy Policy.

4. Disclaimer of Warranties

Sourced Group disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the Products and Services. Sourced Group disclaims any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material. Sourced Group disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Products and Services.
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SOURCED GROUP DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, SOURCED GROUP DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SOURCED GROUP SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

5. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SOURCED GROUP OR ITS CONTENT PROVIDERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES (EVEN IF SOURCED GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SOURCED GROUP’S NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Under no circumstances shall Sourced Group be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air-conditioning.
The sites displayed as search results, otherwise linked to Sourced Group’s Web sites, or operated or provided to the Sourced Group by third parties are developed by people over whom Sourced Group exercises no control and which Sourced Group assumes no liability for. The search results that appear from the catalogues indexed by Sourced Group’s spiders or Web robots are automated, and Sourced Group cannot and does not screen the sites before including them in the catalogues from which such automated search results are gathered. Accordingly, Sourced Group assumes no responsibility for the content of any site included in any search results or otherwise linked to Sourced Group’s Web sites. In instances where Sourced Group does review the sites that are displayed in directories, indices, and/or references, or where it makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed by third parties.
Sourced Group occasionally receives requests from people to remove links from its catalogues. Although Sourced Group reserves the right to address such requests individually, the general approach that Sourced Group takes reflects the following principles: Sourced Group’s catalogues consist of information that has been identified, indexed and compiled through an automated process with no advance review by Sourced Group employees. Given the enormous volume of Web site information added, deleted and changed on a frequent basis, Sourced Group cannot and does not screen anything made available through its catalogues. In other instances, Sourced Group makes available directories, indices and references consisting of content that has been identified, indexed and compiled by Sourced Group employees. For each Web site reflected in Sourced Group’s catalogues, if either a site owner restricts access to his or her Web site or a site is taken down from the Web, then, on receipt of a request by the site owner in the first instance, and either the site owner or a third party in the second instance, Sourced Group would remove the link to that site from its catalogues. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the catalogues are likely to find it and index it again in a relatively short amount of time.

6. User Submissions

The Website may permit the submission of communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and publishing of such User Submissions. You understand that Sourced Group does not guarantee any confidentiality with respect to any such submissions.

You are solely responsible for your own User Submissions and the consequences of posting or publishing them. For all User Submissions you submit which are intended for public use, you represent and warrant that:

you own or have the necessary licenses, rights, consents, and permissions to use and authorize Sourced Group to use all copyright, trademark, trade name, service mark, logos and intellectual property and other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and
you have the written consent, release or permission of each and every identifiable individual person in the User Submission to use their name or likeness to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Sourced Group for public use, you hereby grant Sourced Group a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Sourced Group ‘s business, including without limitation for promotion and redistribution of part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions, if submitted for public use, through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.

For User Submissions you submit, you further agree that you will not:

submit material that is copyrighted, protected by trade mark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Sourced Group all of the license rights granted herein;
publish falsehoods or misrepresentations that could damage Sourced Group or any third party;
submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
post advertisements or solicitations of business; or
impersonate another person.

Sourced Group does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Sourced Group expressly disclaims any and all liability in connection with User Submissions. Sourced Group will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another’s intellectual property rights. Sourced Group also has sole discretion to decide whether Content or a User Submission is appropriate and complies with these Terms of Use as concerns pornography, obscene or defamatory material, or excessive length. Sourced Group reserves the right to remove Content and User Submissions without prior notice and to terminate a User’s access to the Website, if such User is in violation of these Terms of Use. Sourced Group reserves the right to discontinue any aspect of the Website at any time.

7. Intellectual Property

The content on the Website, except for User Submissions, including the text, software, scripts, graphics, photos, sounds, music, videos, code, and interactive features (“Content”) and the trademarks, trade names, service marks and logos contained therein (“Marks”), are owned by or licensed to Sourced Group, subject to copyright and other intellectual property rights under Canadian law and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners. Sourced Group reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

8. Limited Right to Use

The viewing or downloading of any content, form or document grants the User only a limited, non-exclusive licence for use solely by the User for his or her own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the User’s personal use (but not for resale or redistribution).

9. Content Linked to or Accessed through Sourced Group

Sourced Group encourages you to exercise discretion while using the Products and Services. From time to The User acknowledges and agrees that these General Terms and Conditions of Use do not impose a financial obligation on you or creates any representation between you and Sourced Group. The User agrees that he or she will not directly or indirectly, display, post disseminate, distribute, publish, broadcast, transfer, sell or sublicense any of the information provided through the Products and Services to another individual or entity. The prohibited uses expressly include “screen scraping” and “database scraping”), “data mining” or any other activity intended to collect, store, re-organize, summarize or manipulate the website’s information or other related data.

Sourced Group may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. Sourced Group makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web guides or other directories, or of any of the sites otherwise linked to Sourced Group’s Web sites. Sourced Group shall not be held responsible for the accuracy, copyright or trade mark compliance, legality or decency of material contained in sites listed in Sourced Group’s search results or otherwise linked to Sourced Group’s Web sites or provided to the Sourced Group by third parties.

10. Editing, Deleting and Modification

Sourced Group reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.

11. Identification

By using the Website you agree to indemnify Sourced Group and its parents, subsidiaries, affiliates, content providers, officers and employees and hold them harmless from any and all claims and expenses, including legal fees, arising from your use of the Website and affiliated Sourced Group websites. By accessing the Website you are agreeing to release Sourced Group and its parents, subsidiaries, affiliates, officers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services. You agree to waive all laws that may limit the efficacy of such releases.

12. Non-transferable

User’s right to use the Website is not transferable. Any password or right given to User to obtain accesss to Products and Services is not transferable in any way and Users should protect their usernames and passwords. Any unauthorized use of usernames and passwords by a User shall result in an immiediate termination of access.

13. Arbitration, Governing Law and Forum for Disputes

Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services and/or the Website shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Province of Ontario applicable to contracts entered into and wholly to be performed within said province. Any controversy or claim arising out of or relating to these Terms and Conditions or any User’s use of the Products and Services and/or the Website shall be settled by binding arbitration in accordance with the Expedited Arbitration Rules of the ADR Chambers in Toronto. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Toronto, and judgment on the arbitration award may be entered into in any Superior court in Ontario having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any Superior court in Ontario (or other jurisdiction) having jurisdiction thereof. By using the Products and Services and the Website and thereby agreeing to this Agreement, Users consent to personal jurisdiction and venue in the City of Toronto with respect to all such disputes.

14. Merger

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject-matter contained herein and supersede any other agreement, proposals and communications, written or oral, between Sourced Group’s representations and you with respect to the subject-matter hereof; except that any other terms and conditions located on any individual website are incorporated in this Agreement by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular Web site and any products or services available on or through the website at which those other provisions may be found.

15. Violations of Terms and Conditions

Should you violate these Terms and Conditions or any other rights of it, Sourced Group reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the Websites. If Sourced Group should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

16. Definition and Use of Personal Information

“Personal Information” shall have the meaning attributed to such term within the provisions of Part 1 of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 (“PIPEDA”). Sourced Group and its partners, affiliates, and service providers shall each comply with the provisions of PIPEDA and with their own respective privacy policies and procedures with respect to all Personal Information which is collected, used, or disclosed by either Party as a result of this agreement.
The User agrees and acknowledges that its Personal Information may be collected, stored, and disclosed to third party partners of Sourced Group for the purposes of furthering the Products and Services viewed or accessed by the User on the Website. Should a User wish to withdraw its explicit consent to the use of its Personal Information given pursuant to this Agreement, the User shall contact the privacy officer at: privacyofficer@blue-sandbox.com.