ACCEPTANCE OF TERMS
YOUR USE OF THIS WEB SITE (“SITE”) AND ANY SERVICES (“SERVICES”) AVAILABLE THROUGH THIS SITE ARE PROVIDED CONDITIONAL UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE SET OUT BELOW (THE “AGREEMENT”).
By using this Site, including without limitation by browsing, viewing, providing, accessing or downloading information, you agree to accept and abide by the provisions set out in this Agreement for each visit to the Site or use of the Services. If you do not agree to this Agreement in its entirety, then you should not access this Site or use the Services. This Agreement is entered into between you and CERIC, a corporation without share capital, incorporated under the laws of Canada. You represent and warrant that you have the right, authority and capacity to legally enter into this Agreement and to comply with all of its terms and conditions. Your use of the Site may be subject to local laws and regulations and you agree to comply with any applicable laws and regulations. Your use of the Site may be affected by other agreements between you and us or you and third parties and any use of this Site does not modify the terms and provisions of such other agreements.
SITE ACCESS AND USE
THIS AGREEMENT AND ANY LICENSE GRANTED TO THE SITE AND TO USE ANY SERVICES WILL IMMEDIATELY TERMINATE UPON ANY UNAUTHORIZED USE OF THE SITE OR UPON ANY BREACH OF THE PROVISIONS OF THIS AGREEMENT.
USAGE POLICY AND PROHIBITIONS
In addition to any other limitations set out in this Agreement, you may not, nor will you allow others to, directly or indirectly:
(1) upload or post material on this Site conduct that would constitute a criminal offence or give rise to civil liability or that would encourage or promote such conduct;
(2) use this Site in a manner that is contrary to applicable law or electronic etiquette, that is harmful, threatening, abusive, harassing, defamatory, invasive of privacy rights, or is harmful to minors in any way, or which would adversely impact use of the Site or the Internet by other users;
(3) download or use content from the Site other than for non-commercial information purposes;
(4) modify, copy, display or translate the Site or any part of the Site;
(5) decompile, reverse engineer or disassemble the Site;
(6) frame or use framing techniques to enclose any element of the Site including any of its content without our express written consent;
(7) use any meta tags or other “hidden text” containing our name or trademarks without our express written consent;
(8) meta-search the Site;
(9) use or attempt to use another’s account, password, service, system or other information without prior written authorization from us, or create or use a false identity on this Site, or circumvent measures used to restrict access to the Site;
(10) transmit through, to or from this Site, spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
(11) upload to, distribute to, or otherwise disseminate through this Site or through the use of the Services, any material or information of any kind that is defamatory, obscene, pornographic, abusive, or violates any applicable law or infringes or violates any rights of any other person;
(12) disrupt or interfere with any other person’s use or enjoyment of this Site or associated or linked sites;
(13) use this Site in any manner that could damage, disable, overburden or impair this Site; or
(14) use the Site or Services in any way that violates applicable law.
SUBMISSION OF INFORMATION
We will provide certain security in an effort to protect the electronic transmission of credit card numbers or other financial information that you submit to us or to our payment processors. However, we do not guarantee the security of any information including any financial information transmitted to or from this Site. The transmission of information, including by e-mail, over the Internet is not secure, and is by its nature subject to possible loss, interception or alteration. Other than financial information requested by us or our payment processor, you are not permitted to send or transmit any confidential or proprietary information to us through this Site. The procedure by which we deal with material submitted through the Site will generally be set out in the guidelines accompanying the invitation for such submissions. We do not claim ownership of the materials that you may submit to us. However, by submitting material to us, you are granting us and our affiliates and necessary sublicensees permission to reproduce and use your submission for the purposes of considering or evaluating the submission and for the purposes for which you made the submission. Submissions will not be disclosed to third parties or put to any commercial use without your prior written permission. No compensation will be paid with respect to any submission unless separately agreed to in writing with you. We are under no obligation to use or post any submission. By making a submission, you represent and warrant that you own or otherwise control all of the rights to your submission, including, as applicable, the rights necessary for you to submit the submission.
CONTENT LINKED TO BY US
We may provide links to sites operated by third parties, including without limitation to the sites of third party payment processors. These links do not constitute affiliation, endorsement, sponsorship or recommendation by us of the third parties, the linked site, content, services or products available on or through such third party sites. If you access or otherwise use third party sites or if you have any dealings with third parties, including advertisers found on the Site, you acknowledge that you do so subject to any terms and conditions and any privacy policies applicable to those sites and that you do so at your own risk. We are not responsible for the availability of linked sites or for their content, services, products, actions or inactions.
All content on the Site, including all text, graphics, icons, images, audio or videoclips and software is our property or the property of our licensors and subject to copyright, trade mark and other intellectual property laws.
All marks displayed on the Site are trade marks or registered trade marks belonging to us or to our affiliates or licensors. The Site look and feel, layout, graphics, icons and images constitute trade marks and copyrighted works belong to us. Our trade marks and content may not be reproduced or used in association with any products or services except as authorized by us. All trade marks not owned by us or our affiliates that appear on the Site are the property of their respective owners.
DISCLAIMER AND LIMITATION OF LIABILITY
We have made reasonable commercial efforts to provide the most accurate and timely information available all of which are subject to change.
NO REPRESENTATIONS, CONDITIONS, WARRANTEES OR GUARANTEES ARE EXPRESSED OR CAN BE IMPLIED REGARDING THE SITE OR THE SERVICES OR THEIR USE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS, CONDITIONS, WARRANTEES OR GUARANTEES AS TO AVAILABILITY, NON-INTERRUPTION, THE SITE BEING ERROR FREE, DESCRIPTION, VIRUSES, BREACH OF SECURITY, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, CONDITIONS, FITNESS FOR PURPOSE, QUALITY, QUANTITY OR MERCHANTABILITY OR AS TO ANY OTHER MATTER WHATSOEVER.
YOU EXPRESSLY WAIVE ALL EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, WARRANTIES AND GUARANTEES. NEITHER WE NOR OUR AFFILIATES NOR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY, WILL BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR FROM THE USE OF THE SITE. THIS LIMITATION SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGALTHEORY AND SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT, OR ANY REMEDY CONTAINED IN THIS AGREEMENT. IN NO EVENT SHALL THE FOREGOING BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY LOSSES, DAMAGE OR EXPENSES (INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF PROFITS, LOST BUSINESS, OR LOST SAVINGS) EVEN IF THEY HAVE BEEN ADVISED OF THEIR POSSIBLE EXISTENCE. THE ALLOCATIONS OF LIABILITY IN THIS AGREEMENT REPRESENT THE AGREED AND BARGAINED-FOR UNDERSTANDING OF THE PARTIES. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.