These conditions of use (“site terms”) apply to your usage of this site (the “website”). They do not modify in any method the terms or conditions of any other agreement you may have with us, our parent company or our affiliates. By using this website, you represent and confirm that you are over the age of 18 and are lawfully able to accept these website terms. If you are using the website on behalf of any entity, you also represent and warrant that you are licensed to accept these site terms on such entity’s behalf, and that such entity agrees to indemnify us for violations of these website terms.
Ownership of the Site and its Contents
Unless otherwise indicated, all of the material included or displayed on this website, consisting of, but not limited to, text, graphics, information, photographic images, moving images, sound, illustrations, software applications, and the selection and arrangement thereof (our content), is owned by us, our licensors, or our third-party image partners.
All elements of the website, consisting of the content, are secured by copyright, trade dress, moral rights, trademark and other laws associating with the protection of intellectual property.
Usage of the Site
You represent and warrant that you will comply with all appropriate laws and policies, including, without restriction, those connecting to the web, data, email, privacy, and the transmission of technical information exported from the United States, Canada or the nation in which you reside.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other suitable laws, we have actually embraced a policy of ending, in proper situations and at our sole discretion, account holders who infringe our or any 3rd-party intellectual property rights. (Wikipedia: Digital Millennium Copyright Act).
If you believe that any product on the website infringes upon any copyright that you own or manage, you might file a notice of such violation with us. We might offer notice of a claim of copyright infringement by methods of a basic notice on the site, electronic mail to a user’s email address, or by composed communication sent by mail to a user’s mailing address.
Our trademarks, logo, and any other product or service name or slogan contained in the site are our or our providers’ or licensors’ trademarks. They might not be copied, imitated or utilized, in their entirety or in part, without our prior written consent or that of the applicable trademark holder. You may not use meta tags or any other “hidden text” utilizing our name or any other name, trademark or services or product name of ours without our prior written approval. In addition, the look and feel of the website, including all page headers, custom-made graphics, button icons and scripts, is our service mark, trademark and/or trade dress and may not be copied, mimicked or used, in its entirety or in part, without our prior written consent. All other trademarks, registered trademarks, item names and company names or logos pointed out on the website are the property of their respective owners. Referral to any products, services, processes or other details, by brand name, trademark, manufacturer, provider or otherwise does not constitute or suggest recommendation, sponsorship or suggestion thereof by us.
You may not utilize our logo or other exclusive graphics of ours to link to this website without our express composed approval. Even more, you might not frame any of our trademarks, logo designs or other exclusive details, including the material, without our written permission.
Your participation, correspondence or company negotiations with any third-party discovered on or through the website, regarding the payment and shipment of related goods or services, and any other terms, conditions, service warranties or representations associated with such dealings, are entirely between you and such 3rd-party. You concur that we will not be responsible or accountable for any loss, damage or other matters of any sort sustained as the outcome of any such transactions.
Online Forums and Other Interactive Services or Areas
The website may consist of conversation forums or other interactive locations or services, consisting of blogs, chat spaces, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third-parties create, publish or keep any content, messages, comments, products or other items on the site (“interactive areas”). You are entirely responsible for your use of such interactive locations and use them at your own risk. By utilizing any interactive areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the website any of the following:
a. Any message, remark, information, info, text, music, sound, pictures, graphics, code or other material (“user material”) that is illegal, libellous, defamatory, profane, adult, harmful to minors, indecent, salacious, suggestive, bugging, threatening, invasive of personal privacy or publicity rights, abusive, inflammatory, deceitful or otherwise objectionable.
b. User content that would make up, motivate or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or break any regional, state, country or worldwide law, including, without constraint, the guidelines of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
c. User material that may infringe any patent, trademark, trade, copyright or other copyright or contract right of any party. By posting any user content, you represent and call for that you have the lawful right to send, disperse and reproduce such user material.
d. User content that impersonates anyone or entity or otherwise misrepresents your affiliation with a person or entity.
e. Unsolicited promos, political campaigning, marketing, junk mail, spam, chain letters, pyramid schemes or solicitations.
f. Private details of any third-party, including, without constraint, addresses, telephone numbers, e-mail addresses, Social Security numbers and charge card numbers.
g. Infections, damaged information or other harmful, disruptive or devastating files.
h. User material that, in our sole judgment, is objectionable or which restricts or inhibits any other individual from using or delighting in the interactive areas or the website, or which adversely affects the accessibility of its resources to other users (e.g., excessive shouting, usage of all uppercase, or flooding constant posting of recurring text), or which may expose us or our users to any harm or liability of any type.
Further, you agree not to erase or revise any user material posted by any 3rd-party. We take no obligation and presume no liability for any user content posted, kept or uploaded by you or any third-party, or for any loss or damage thereto. Nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, profanity, porn or obscenity you may encounter. Your usage of interactive areas is at your own risk. As a company of interactive services, we are not accountable for any declarations, representations or user content supplied by our users in any public forum, personal web page or other interactive areas. Although we have no commitment to screen, modify or monitor any of the user material posted in any interactive location, we reserve the right and have outright discretion, to remove, screen or modify any user material posted or kept on the website at any time and for any reason without notice. You are solely responsible for creating backup copies of and changing any user content you post or store on the site at your sole cost and expenditure. Any use of the interactive areas or other parts of the site in violation of the foregoing breaks these website terms and might result in, to name a few things, termination or suspension of your rights to utilize the interactive locations and/or the website. You acknowledge and concur that we may access, use or divulge any info about you or your use of this site, consisting of without restriction any user content to abide by the law or any legal procedure; secure and defend our rights or property; or to secure the security of our business, workers, clients or the general public.
If you post user content to the site, unless we show otherwise, you give us and our affiliates a non-exclusive, royalty-free, continuous, irrevocable and completely sub-licensable right to use, reproduce, modify, adapt, publish, translate, create acquired works from, distribute, perform and show such user material throughout the world in any media. You grant us and our affiliates and sub-licensees the right to utilize the name that you submit in connection with such content if they decide. You represent and warrant that (a) you own and manage all of the rights to the user content that you publish or you otherwise can publish such user material to the site; (b) the user material is accurate and not deceiving; (c) usage and publishing of the user content you provide does not breach these website terms and will not violate any rights of or trigger injury to anybody or entity.
Registration Data and Account Security
In consideration of your usage of the site, you concur to (a) offer accurate, existing and total details about you as may be triggered by any registration forms on the website (“registration information”). (b) maintain and without delay update the registration data, and any other details you provide to our business, to keep it precise, current and complete. (c) maintain the security of your password and identification. (d) alert us instantly of any unapproved usage of your account or other breaches of security. (e) accept all responsibility for any and all activities that take place under your account. (f) accept all dangers of unauthorized access to the registration data and any other details you provide to us.
You concur to protect, indemnify and hold us harmless, as well as our subsidiaries, affiliates, licensors, staff, agents, third-party info providers and independent specialists against any claims, damages, costs, liabilities and expenses (consisting of, but not limited to, attorneys’ fees) emerging out of or related to any user content that you publish, store or otherwise send on or through the website, your conduct, your use or failure to use the website, your breach or declared breach of the website terms or of any representation or warranty consisted of herein your unapproved use of the content, or your offense of any rights of another.
THIS WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND WE AND OUR DIRECTORS, WORKERS, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR SUGGESTED, INCLUDING, WITHOUT CONSTRAINT, ANY IMPLIED GUARANTEES OF MERCHANTABILITY, ACCEPTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USING THIS WEBSITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST EARNINGS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE PRODUCTS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT US, ASSUME THE ENTIRE EXPENSES OF ALL REQUIRED SERVICING, REPAIR OR CORRECTION DUE TO YOUR USAGE OF THIS SITE OR THE CONTENT. WE MAKE NO GUARANTEE THAT THE SITE OR THE MATERIAL IS DEVOID OF INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
We use sensible efforts to make sure the precision, correctness and reliability of the content, however we make no representations or guarantees as to the material’s precision, correctness or reliability.
We offer a search feature on the website. We explicitly disclaim any responsibility for the content or availability of info contained in our search index or directory site. We likewise disclaim any responsibility for the efficiency or precision of any directory or search results page.
Some countries do not permit the exclusion or restriction of indicated service warranties or liability for specific categories of damages. Therefore, some or all of the constraints above may not use to you to the degree they are forbidden or superseded by state or nationwide arrangements.
Constraint of Liability
IN NO EVENT SHALL WE, OUR DIRECTORS, MEMBERS, WORKER OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF EARNINGS OR LOSS OF DATA, WHETHER IN AN ACTION IN AGREEMENT, TORT (INCLUDING BUT NOT LIMITED TO CARELESSNESS) OR OTHERWISE, ARISING OUT OF OR IN ANY METHOD LINKED WITH THE USAGE OF THE SITE, THE SERVICES, THE MATERIAL OR THE PRODUCTS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT RESTRICTION ANY DAMAGES TRIGGERED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFO OBTAINED FROM US, OR THAT ARISE FROM MISTAKES, OMISSIONS, DISTURBANCES, REMOVAL OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL WE AGGREGATE LIABILITY, WHETHER IN CONTRACT, SERVICE WARRANTY, TORT (INCLUDING CARELESSNESS, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO USING THE SITE SURPASSED ANY PAYMENT YOU PAY, IF ANY, TO US FOR ACCESS TO OR USAGE OF THE WEBSITE.
Relevant Law and Venue
Any conflict relating in any method to your use of the website or the content shall be submitted to confidential arbitration in Honey Harbour, Ontario, Canada, except that, to the level you have in any manner violated or threatened to breach our copyright rights, we might seek injunctive or other proper relief in any state/provincial or federal court in Ontario, and you grant exclusive jurisdiction and venue in such courts. To the fullest level permitted by applicable law, no arbitration under this contract shall be signed up with to an arbitration including any other party subject to the site terms, whether through class arbitration proceedings or otherwise.
Regardless of any of these website terms, we reserve the right, without notification and in our sole discretion, to end your account and/or to block your use of the website.
Any waiver of any arrangement of the site terms will be effective just if in written format and signed by us. If any provision in these website terms is found to be unenforceable, anywhere possible this will not affect any other stipulation and each will remain in full force and effect. Any rights not expressly given herein are reserved.
We reserve the right to alter any of the terms and conditions contained in the site terms or any policy or standard of the website, at any time and at our sole discretion. We motivate you to examine the site terms whenever you check out one of our websites.