Last Updated: November 16, 2016
Provider reserves the right to change any information, material or content (including, but not limited to, pricing, features and availability of Website Services) contained on or provided through the Website (the “Content“) at any time, and from time to time, without notice.
Use of the Website
You may be required to successfully sign up for a user account (the “User Account”) using the available interfaces at the Website and be issued with a username and password login credentials by Provider (“User ID”) in order to use the Website and receive any Website Services. If you are issued with a User ID, you will keep your User ID secure and will not share your User ID with anyone else, and you will not collect or harvest any personal data of any other user of Provider, including account names or login credentials. Provider reserves the right to disable any User Account issued to you at any time in Provider’s sole discretion. If Provider disables access to a User Account issued to you, you may be prevented from accessing the Website, the Content, your account details or any User Content.
Term and Termination
Provider takes no responsibility and assumes no liability for any Submissions posted or submitted by you. Provider has no obligation to post your Submissions and reserves the right, in its absolute discretion to determine which Submissions are published on the Website. You are fully responsible for the content of your Submissions, including reviews posted to the Website. Without limiting the foregoing, you will not post or transmit to or from the Website any commercial material or content (including solicitation of funds, advertising, or marketing of any good or services). You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Website.
If you do not agree WITH ANY OF THE ABOVE, please do not provide any Submissions.
All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Website, are owned or licensed by Provider and are protected by copyright, trade-mark and other intellectual property laws.
No Unlawful or Prohibited Use
You will not, without Provider’s prior written permission, use the Website and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) “frame”, “mirror” or otherwise incorporate the Website or the Content or any part thereof on any commercial or non-commercial website; (2) access, monitor or copy any part of the Website or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Content or the Website or bypass or circumvent other measures employed to prevent or limit access to the Website; (4) take any action that imposes, or may impose, in Provider’s discretion, an unreasonable or disproportionately large load on the Website; (5) deep-link to any portion of the Website for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Website or the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Website or any Content, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Website or the Content; (8) use the Website or the Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by the Provider and only in the exact manner specified and enabled by the Provider; (9) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Website or the Content; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Website or the Content; (11) create derivative works based on the Website or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Website or the Content; (12) use the Website in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any User Content or Submissions that violate such third-party rights; or (13) upload to or transmit through the Website any User Content or Submission that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by Provider in its sole discretion.
Third Party Websites
The Website may provide links to third party websites. Provider does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Provider’s control, and if you choose to access any such web site, you do so entirely at your own risk.
The downloading and viewing of Content is done at your own risk. Provider cannot and does not guarantee or warrant that the Website or the Content are compatible with your computer system or that the Website or the Content, or any links from the Website or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Website.
Communications Not Confidential or Secure
Provider does not guarantee the confidentiality of any communications made by you through the Website. Although Provider generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Website, you understand, agree and acknowledge that Provider cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Website.
DISCLAIMER AND LIMITATION OF LIABILITY
THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE WEBSITE OR THE CONTENT IS AT YOUR OWN RISK. PROVIDER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE WEBSITE OR THE CONTENT. THE WEBSITE AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITAITON, PRICING ERRORS. PROVIDER DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE WEBSITE OR THE CONTENT. IN ADDITION, PROVIDER EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE WEBSITE.
REVIEWS DISPLAYED ON THE SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND PROVIDER DOES NOT GUARANTEE THE ACCURACY OF THE REVIEWS. PROVIDER MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, THAT ARISE OUT OF A COURSE OF DEALING OR TRADE, OR THAT THE WEBSITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL PROVIDER BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT PROVIDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEBSITE OR THE CONTENT.
The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
You will defend, indemnify and hold harmless Provider and all of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:
(b) your violation of any applicable law or the rights of a third party (including intellectual property rights); or
(c) your use of the Website or the Content.
Geographic Application of the Website
Not all of the products and services described on the Website are available in all jurisdictions. Furthermore, nothing on the Website constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.
Governing Law and Jurisdiction
Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of the Website or the Content.
Entire Agreement, Waiver and Severability