Website Terms of Use

Effective Date: 

By accessing or using this website (the "Site") and any services provided by Function Dynamic Inc ("we," "us," or "our"), you ("you," "user," or "visitor") agree to comply with and be bound by the following Terms and Conditions. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Function Dynamic, at its sole discresion, may change, update, add to, or remove portions of these Terms at any time without notice. Your continued use of the Site after changes constitutes acceptance of the revised Terms.

Use of the Site

The following provisions describe the general rules governing access to and use of the Site. The Site is intended solely for lawful purposes related to reviewing information about Function Dynamic and its services. Any use that interferes with Site operations or violates these Terms may result in restricted or terminated access.

  1. You agree to use the Site only for lawful purposes and in a manner consistent with these Terms and Conditions.
  2. Unauthorized use of the Site, including but not limited to hacking, accessing restricted areas, scraping content, or interfering with Site functionality, is strictly prohibited.
  3. You are responsible for maintaining the confidentiality of your account credentials, and any activity conducted under your account is your responsibility. Sharing login credentials is done at your own risk.

Privacy

Function Dynamic is committed to protecting the privacy of visitors and clients who use the Site and its services. The collection, use, storage, and disclosure of personal information are governed by Function Dynamic's Privacy Policy, which forms an integral part of these Terms and Conditions. By accessing or using the Site, submitting information through forms, or using any client portal features, you acknowledge that you have read and understood the Privacy Policy. If you do not agree with the practices described in the Privacy Policy, you must not use the Site or its services.

Free Resources and Tools

Function Dynamic may offer educational materials, videos, and tools at no cost to visitors. These resources are provided for general informational purposes only and without any warranty as to accuracy, completeness, or correctness. Technology and best practices change rapidly, and information made available through the Site may become outdated or no longer applicable over time.

  1. The Site may provide articles, videos, and tools free of charge. You may use these for personal purposes, but you may not redistribute, sell, or reproduce them without prior written permission from Function Dynamic.
  2. You are free to link to the Site from other websites, provided that you do not imply any endorsement or affiliation with Function Dynamic.
  3. While you are permitted to use and reference these materials, ownership and control remain with Function Dynamic.
  4. Videos hosted via third-party platforms (e.g., YouTube) are subject to the terms and conditions of the respective platforms. Function Dynamic does not control video playback features or availability.

YOU USE ANY FREE RESOURCES OR TOOLS PROVIDED THROUGH THE SITE AT YOUR OWN RISK. THESE RESOURCES ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE OR INDEPENDENT TESTING. IF YOU ARE UNSURE HOW TO USE A RESOURCE OR TOOL SAFELY OR APPROPRIATELY, YOU SHOULD NOT USE IT.

FUNCTION DYNAMIC WILL NOT BE LIABLE IN ANY WAY FOR ANY LOSS, DAMAGE, OR ISSUES ARISING FROM THE APPLICATION, USE, OR RELIANCE ON ANY RESOURCES, TOOLS, OR VIDEOS MADE AVAILABLE THROUGH THE SITE.

Client Portal

Certain portions of the Site are accessible only to existing clients with authorized credentials. The client portal enables users to schedule calls, view invoices, and access account-related information. While Function Dynamic implements reasonable administrative and technical measures to protect account access, users are expected to take appropriate steps to keep their login credentials secure and confidential.

  1. Access to client-specific services, including scheduling calls, viewing invoices, and account information, is restricted to authorized users only.
  2. You agree not to access or attempt to access accounts other than your own.
  3. Function Dynamic is not liable for any unauthorized use of the portal resulting from sharing login credentials.

Intellectual Property

All intellectual property rights associated with the Site and its content are retained by Function Dynamic unless otherwise stated. Use of the Site does not grant users any ownership, license, or proprietary interest. Unauthorized use of intellectual property may result in legal action.

  1. All content on the Site, including but not limited to text, graphics, logos, software, videos, and tools, is the property of Function Dynamic unless otherwise explicitly attributed.
  2. Use of the Site does not grant you any rights, title, or interest in any intellectual property.
  3. You may not copy, reproduce, modify, distribute, or create derivative works based on Site content without prior written permission from Function Dynamic.

Consultation Requests

The Site allows visitors to request an initial video consultation with Function Dynamic. Submitting a request does not create any obligation on Function Dynamic to provide services. Any discussions or advice provided are informal, non-binding, and offered in good faith only.

  1. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  2. The Site may provide a contact form to request an initial video consultation. Submission of a request does not guarantee that a consultation will be provided.
  3. Any advice or guidance provided during consultations is provided in good faith and for general informational purposes only. Function Dynamic makes no guarantees regarding the accuracy, completeness, or applicability of such advice.
  4. You agree that Function Dynamic is not liable for any decisions or actions you take based on information obtained through consultations or communications via the Site.

Disclaimers

FUNCTION DYNAMIC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, OR ANY CONTENT, SERVICE, OR FEATURE MADE AVAILABLE THROUGH THE SITE, WILL OPERATE WITHOUT ERRORS OR INTERRUPTIONS. FUNCTION DYNAMIC DOES NOT GUARANTEE THAT ANY DEFECTS WILL BE IDENTIFIED OR CORRECTED, OR THAT USE OF THE SITE WILL PRODUCE ANY PARTICULAR RESULTS.

No warranties are provided with respect to accuracy, availability, or suitability for any purpose. Users assume all risks associated with accessing or relying on the Site and its resources.

  1. The Site and all content, services, and tools are provided on an "as is" and "as available" basis.
  2. Function Dynamic makes no warranties, express or implied, regarding the Site's accuracy, reliability, or availability, or the performance of any free tools or resources.
  3. Function Dynamic is not liable for any direct, indirect, incidental, special, or consequential damages arising from the use of the Site or reliance on its content, including but not limited to errors, omissions, or downtime.
  4. Use of the Site and all services is at your own risk.

YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE AND ANY THIRD-PARTY OR LINKED SITES. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT MADE AVAILABLE THROUGH IT, YOUR ONLY REMEDY IS TO DISCONTINUE USE OF THE SITE OR SUCH CONTENT.

User Conduct

Users are expected to behave responsibly and ethically when using the Site. Activities that compromise security, functionality, or legal compliance are prohibited. Violations may result in immediate suspension or termination of access.

  1. You agree not to:
    • Violate any applicable laws, regulations, or third-party rights.
    • Use the Site to transmit harmful or malicious code.
    • Attempt to gain unauthorized access to any portion of the Site, accounts, or systems.
  2. Function Dynamic reserves the right to suspend or terminate access to users who violate these Terms.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Canada and laws of Ontario, Canada, without regard to conflict of law principles. If you are accessing the Site from outside Canada, you are responsible for compliance with any local laws that may apply to you. Subject to the foregoing, the courts of Ontario, Canada shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms or your use of the Site.

For users accessing the Site from the European Union, nothing in these Terms is intended to restrict or limit any mandatory rights provided under applicable EU law, including consumer protection rights and data privacy obligations. While these Terms are governed by Canadian law, EU users retain all rights that cannot be waived or limited under their local laws. Function Dynamic does not seek to contractually override these rights, and any provisions in these Terms that would conflict with non-waivable EU rights shall be interpreted to the minimum extent necessary to comply with such laws.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Function Dynamic shall be free to use such information on an unrestricted basis.

For any questions regarding these Terms, please reach out to us via our Contact page hosted on this site.