Terms of Use


These Terms of Use ("Terms") govern your access to and use of the services, including our website, email notifications, SMS wireless messages, and applications, (the "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditional on your acceptance of and compliance with these Terms. By accessing or using the Services you agree with 2415260 ONTARIO LIMITED (the "Corporation" and also "we" and "us") to be bound by these Terms.

General Terms

You are responsible for your use of the Services, for any Content that you post to the Services, and for any consequences thereof. The Content that you submit, post, or display will be able to be viewed by other users of the Services and the general public. You shall only provide Content that you agree may be provided to others through the Services and in compliance with these Terms.

You agree and represent that you can form a legally binding contract with the Corporation and that your use of these services is permitted under the laws of Ontario, the laws of Canada and or the laws of any country that applies to you. If you are using the Services on behalf of a company, government, or any other legal entity, you agree and represent that you have authority to bind such company, government, or any other legal entity to these Terms. You may use the Services only in compliance with these Terms and all applicable local, provincial, national, and international laws, rules and regulations.

The form and nature of the Services may change from time to time without prior notice to you. In addition, we may stop providing the Services, or any part of the Services, with or without prior notice. We also retain the right to create limits on your use of the Services at our sole discretion at any time without prior notice to you.

Content on the Services

You agree that all Content is the sole responsibility of the person who originated such Content, including you where applicable, and is not the responsibility of the Corporation, its officers, directors or employees. We cannot take responsibility for your use of or reliance upon any Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. Any use or reliance on any Content or materials is at your own sole risk. Under no circumstances will the Corporation be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services or otherwise. You are responsible for the use of your Content by other users and third parties and you will indemnify us for any claims made by others with respect to Content that you provide.

You agree, represent and warrant to us that any Content that you provide (i) does not violate any copyright or other legal rights of others in the Content (ii) is not obscene, pornographic, libelous, defamatory or constitute bullying or hate literature (iii) does not violate any laws, regulations or court orders including publication bans in legal proceedings and (iv) does not violate any Content rules or guidelines that we may issue from time to time in our sole discretion. We reserve the right at all times (but will not have an obligation to do so) in our sole unfettered discretion, to remove or refuse to distribute any Content that you or others may provide on the Services.

You hereby grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Content that you submit, post or display on or through the Services. Subject to such licence, you retain your ownership rights to any such Content.

Privacy

Any information that you provide to us is subject to our Privacy Policy which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Corporation and its service providers. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services, which you may not be able to opt-out from receiving. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Corporation, its users and the public.

Our Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of the Corporation and its licensors. The Services are protected by copyright, trademark, and other laws of Canada and other countries. Nothing in the Terms gives you a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Termination of your access to the Services

You may terminate your account and your access to the Services at any time for any reason or for no reason. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time in our sole discretion, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account.

Passwords and Software

You are responsible for safeguarding any password that you use to access the Services and for any activities or actions under your password. You agree to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are granted a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use any software that may provided to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by these Terms. You agree not to attempt to copy, reproduce or reverse engineer any such software.

Limitations of Liability and Disclaimers

These sections apply to the Corporation and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Corporation Entities").

i) The Services are Provided "AS-IS"

You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE CORPORATION ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Corporation Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

ii)Third Party Service Providers and Links

The Services may use, interact with or contain links to social media websites, third-party service providers (such as payment processors), other websites or resources (the "Third Parties"). You acknowledge and agree that the Corporation Entities are not responsible or liable for: (i) the availability or accuracy of such Third Parties; or (ii) the content, products, or services on or available from such Third Parties. Links to or interaction with such Third Parties do not imply any endorsement by the Corporation Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

iii) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CORPORATION ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CORPORATION ENTITIES EXCEED ONE HUNDRED DOLLARS CANADIAN ( $100.00).

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CORPORATION ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

General Terms

i)Waiver and Severability

The failure of the Corporation to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

ii)Applicable Law and Jurisdiction

The Terms and the relationship between you and us, including any action related thereto will be governed by the laws of the Province of Ontario without regard to or application of its conflict of law provisions or your province or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the provincial courts located in the City of Ottawa, Ontario, Canada and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

iii)Entire Agreement

These Terms are the entire and exclusive agreement between the Corporation and you regarding the Services (excluding any separate written agreement you may have with the Corporation), and these Terms supersede and replace any prior agreements regarding the Services.

iv) Revisions to these Terms

We may revise these Terms from time to time, without notice to you. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.