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Last updated: October 4, 2021
Please read these Terms of Service (the “Agreement”) carefully. By clicking or tapping “OK” or “Agree” (or a similar term) in connection with this Agreement, or by using the Services (as defined below), you agree to this Agreement. We recommend that you print a copy of this Agreement for future reference. We retain the right to make changes, as outlined below.
This Agreement is between you and the site owner (“Site Owner” or “we” or “us” or “our”) concerning your use of this site (the “Site”) or the mobile software application in connection with which you are accessing this Agreement (the “App”) (collectively, the “Services”).
THIS SITE IS INTENDED FOR AND DIRECTED TO RESIDENTS OF CANADA. YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.
IF YOU ARE USING THE SERVICES ON BEHALF OF, OR FOR THE BENEFIT OF, ANY ORGANIZATION WITH WHICH YOU ARE ASSOCIATED, THEN YOU AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU CONFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. References to “you” and “your” in this Agreement will refer to both you and any such organization.
1. Our Right to Make Changes. We may change this Agreement from time to time (for any reason, such as changes in the functions or services offered by this Site or to reflect a change in the law) by notifying you of such changes by any reasonable means and by making available a revised Agreement through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes. Your clicking or tapping “OK” or “Agree” (or a similar term) in connection with this Agreement or your use of the Services following any changes will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed.
To the extent permitted by applicable law, we may, at any time and without liability, modify or discontinue all or part of the Services (e.g., to reflect changes in the relevant laws, to protect the security of the Services or to implement reasonable technical adjustments and improvements, to modify the services and functions provided by the Site); charge, modify or waive any fees required to use the Services where reasonably necessary; or offer opportunities to some or all users, at our sole discretion. We will seek to notify you by reasonable means of (i) any modifications that will have a material adverse effect on your use of the Services, taken as a whole; and (ii) any material increase in the fees charged by us to use the Services.
2. Information Disclaimer. THE INFORMATION INCLUDING ANY
ADVICE AND RECOMMENDATIONS PROVIDED AS PART OF THE SERVICES IS INTENDED
SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. IT IS NOT INTENDED AS
MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT,
FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR
PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR
WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER
QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE
STARTING ANY NEW TREATMENT. YOUR USE OF THE SERVICES IS SUBJECT TO THE
ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SERVICES.
WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, OR OTHER MATERIAL PROVIDED AS PART OF THE SERVICES. WHILE WE STRIVE TO KEEP THE INFORMATION PROVIDED BY THE SERVICES TO BE ACCURATE, COMPLETE, AND UP TO DATE, WE DO NOT GIVE ANY ASSURANCES AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED AS PART OF THE SERVICES.
3. Information Submitted Through the Services. Your submission
4. Jurisdictional Issues. The Services may not be appropriate
or available for use in some jurisdictions. Any use of the Services is
at your own risk, and you must comply with all applicable laws, rules and
regulations in doing so. We may limit the availability of the Services
at any time, in whole or in part, to any person or geographic area that
we choose, in our sole discretion, for valid reasons (e.g., to comply with
relevant laws and regulatory requirements, to protect the security of the
Services or to implement reasonable technical adjustments).
5. Acceptable Use and Rules of Conduct. You must not:
You are responsible for obtaining, maintaining and paying for all hardware, telecommunications and other services needed for you to use the Services.
6. Electronic Communications. The information communicated
as part of the Services may constitute an electronic communication. When
you communicate with us through the Services or via other forms of electronic
media, such as e-mail, you are communicating with us electronically. You
agree that we may communicate electronically, subject to local privacy
and Anti-Spam laws, and that such communications, as well as notices, disclosures,
agreements, and other communications that we provide to you electronically,
are equivalent to communications in writing and shall have the same force
and effect as if they were in writing and signed by the party sending the
7. Registration. You may need to register to use the Services.
We may reject, or require that you change, any user name, password or other
information that you provide. Your user name and password are for your
personal use only. You are solely responsible for maintaining the confidentiality
of your credentials and for restricting access to your mobile device, computer,
and/or other means of accessing the Services. We are not responsible for
any use of your credentials caused by your failure to keep them confidential.
You are solely responsible for all activities that occur under your account,
either with or without your knowledge. You must promptly notify us of any
unauthorized use of your credentials or account of which you become aware.
We recommend that, to the extent you access the Services via a mobile device,
you password protect said device.
You agree that any information you provide to us will be current, accurate and complete and that you will keep such information up to date by notifying us of any changes.
8. Profiles and Forums. You may be permitted to make available
certain information or materials (each, a “Submission”) in connection
with the Services, including on profile pages or interactive features.
We have no control over and are not responsible for any Submissions, any
use or misuse by any third party of Submissions or for your interactions
with other users. Users are ultimately responsible for their own actions.
If you choose to make your personal or other information publicly available
through the Services, you do so at your own risk.
You acknowledge that any forums contain the opinions and views of other users. You acknowledge further that we are not responsible for the accuracy of any Submissions on the Site. You understand and agree that all Submissions are the sole responsibility of the person who posted the Submission. You understand and agree that you will evaluate, and bear all risks associated with, the use of any Submission, including any reliance on the accuracy, completeness, or usefulness of such Submission.
9. Our Right to Use Submissions. Nothing in this Agreement
transfers any ownership rights in your Submissions. For each Submission,
you grant to us a worldwide, royalty-free, fully paid-up, non-exclusive,
perpetual, irrevocable, transferable and fully sublicensable (through multiple
tiers) licence, without additional consideration to you or any third party,
to reproduce, distribute, perform and display (publicly or otherwise),
create derivative works of, adapt, modify, store and otherwise use, analyze
and exploit such Submission, and to contact you about your Submission,
in any format or media now known or hereafter developed, and for any purpose
(including promotional purposes, such as testimonials and advertising).
We are free to use any ideas, concepts, know-how, or techniques contained in or derived from any Submission for any purpose whatsoever, including developing, manufacturing, and marketing products. Therefore, please do not submit or send to us any ideas, suggestions or materials that you wish to keep confidential or for which you expect to receive compensation. You will not have any claim against us with respect to any use or non-use of Submissions, When you submit Submissions, you understand that we will have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, performance, biographical information and/or statements, throughout the world in perpetuity on the Services and on any affiliate or successor site or social media channels owned or operated by us or our affiliates. If we make use of any of these rights, you understand and agree that you shall not receive any other consideration, payment, notification or credit, nor will you have any approval over how we use them.
In addition, if you provide to us any ideas, proposals or suggestions (“Feedback”), we will deem such Feedback a Submission. You agree that Feedback is not confidential and that your provision of it is gratuitous, unsolicited and without restriction and does not place us under any obligation in respect of such Feedback.
You confirm that (a) you have all rights necessary to grant the licences granted in this section, (b) your Submissions are complete and accurate, and (c) your Submissions and your provision of them to us are not fraudulent or otherwise in breach of any applicable law or any right of any third party. You further irrevocably waive (and consent to us performing any acts or omissions in relation to your Submissions and associated materials that may be inconsistent with) any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your Submission that you may have under any applicable law.
We may impose a maximum amount of storage for Submissions on the Services. We are not responsible for any loss or harm you may suffer as a result of any deletion or failure to store any messages, communications or other Submission associated with maintaining the maximum amount of storage.
10. Monitoring Use of the Service. We may (but have no
obligation to) monitor, evaluate, alter or remove Submissions before or
after they appear on the Services or analyze your access to or use of the
Services. We may disclose information regarding your access to and use
of the Services, the circumstances surrounding the transmission of Submissions,
and personal information regarding users who make Submissions available,
in each case in accordance with applicable law or a request by a court
or law enforcement or other governmental authority, or otherwise in accordance
11. Your Right to Use the Services. You acknowledge that
all intellectual property rights in the Services, including the Site and
the App, belong to us or our licensors. You have no right in or to the
Services other than the right to access them in accordance with this Agreement.
Subject to your compliance with, and solely for the duration of, this Agreement:
(a) you may view one copy of the Site on any single device, solely for
your personal, non-commercial use; (b) we permit you, on a limited, non-exclusive,
revocable, non-transferable, non‑sublicensable basis, to install
and use the App on a device that you own or control, solely for your personal,
non-commercial use. The App is licensed (not sold) to you. If you fail
to comply with this Agreement, you must immediately cease using the Services,
and delete the App from your device. You are responsible for keeping your
device secure and protecting it appropriately.
12. Company’s Proprietary Rights. We and our suppliers
own the Services, which are protected by proprietary rights and laws, including
all of our brand names, trademarks and service marks and any associated
logos. All trade names, trademarks, service marks and logos (collectively,
“Marks”) on the Services not owned by us are the property of their
respective owners. You may not use our Marks in connection with any product
or service that is not ours or in any manner that is likely to cause confusion.
Nothing contained on the Services should be construed as granting any right
to use any Marks without the express prior written consent of the owner.
13. Third-Party Materials; Links. The Services may allow
access to third-party information, products, services and other materials,
including Submissions (collectively, “Third-Party Materials”), and
including any access via links. We do not control or endorse, and are not
responsible for, any Third-Party Materials. We have no obligation to monitor
Third-Party Materials, and we may block or disable access to any Third-Party
Materials at any time. Your access or use of Third-Party Materials is at
your own risk and is subject to any additional terms, conditions and policies
applicable to such materials.
14. Additional Terms. Additional terms may govern certain
features or content of the Services, such as offers, prize draws, competitions,
contests and sweepstakes. By participating in any activity as part of the
Services governed by additional terms, such as a prize draw, competition,
contest or sweepstakes with Official Rules, you agree that you will be
15. Disclaimer of Warranties. To the fullest extent permitted
under applicable law, the Services are made available to you on an “As
Is,” “Where Is” and “Where Available” basis, without any warranties or
conditions of any kind, whether express, implied or statutory.
We disclaim all warranties with respect to the Services to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title.
To the fullest extent permissible under applicable law, and subject to any applicable terms and conditions or policies applicable to the use of third‑party materials as set out in Section 13, third‑party materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express or implied. We disclaim all warranties with respect to third-party materials.
Without limiting the generality of the foregoing, to the fullest extent permissible under applicable law, we make no representation or warranty that the Services will be secure, that any user name, password or other security measure that you may use or allow others to use in connection with the Services will prevent unauthorized access to your Services account or related information, or that your Services Account or related information will not be accessed or misused by any third party.
All disclaimers of any kind in this agreement (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and its affiliates and their respective shareholders, stockholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers, and their respective successors and assigns (collectively, the “Company Parties”).
While we take reasonable steps to try to maintain the timeliness, integrity and security of the Services, we cannot guarantee that they are or will remain updated, complete, correct or secure, or that access to them will be uninterrupted. The Services may include inaccuracies, errors and materials that conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any such alteration, please contact us using the Contact Us information below and provide a description of such alteration and its location on the Services.
16. Limitation of Liability. Nothing in this Agreement
restricts, excludes or modifies or purports to restrict, exclude or modify
any mandatory statutory consumer rights under applicable law.
With respect to any conditions, warranties or guarantees that cannot be excluded under applicable statutes, to the extent permitted by applicable law, our liability is limited (at our option) to the resupply or refund of the cost of the relevant portion of the Services.
To the fullest extent permitted under applicable law: (a) we will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, or losses that were not reasonably foreseeable to you or us at the time you agreed to this Agreement, in each case arising out of or in connection with the Services or this Agreement, and under any contract, tort (including negligence), strict liability or other theory (collectively, “Indirect Losses”). Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and we knew it might happen.
without limiting the foregoing, we will not be liable for Indirect Losses of any kind resulting from your use of or inability to use the Services or from any Products or Third-Party Materials, including from any Virus that may be transmitted in connection therewith.
the Company Parties do not exclude or limit in any way our liability to you where it would be unlawful to do so. this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation.
Our maximum aggregate liability for all damages, losses and causes of action arising out of or in connection with the Services or this Agreement, whether in contract, tort (including negligence) or otherwise, will not exceed the greater of (a) the total amount, if any, paid by you to us to use the Services; and (b) ten dollars ($10).
All limitations of liability of any kind in this Agreement (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and the Company Parties.
With respect to any conditions, warranties or guarantees that cannot be excluded under statute, to the extent permitted under applicable law, our liability is limited (at our option) to the resupply or refund of the cost of relevant services.
17. Third-Party Claims. If we are sued by a third party
as a result of your breach of this Agreement or your infringement of any
third-party right, then, to the fullest extent permitted by applicable
law, you will be responsible for all liabilities, damages, judgments, awards,
losses, costs, expenses and fees (including attorneys’ fees) incurred by
the Company Parties.
18. Termination. You may stop using the Services, and
thereby terminate this Agreement, at any time. We may terminate or suspend
your use of the Services if you do not comply with this Agreement, engage
in any fraud or abuse, or if you or anyone using your account makes any
misrepresentation to us. Where reasonable under the circumstances, we will
provide you with at least twenty-four (24) hours’ prior notice of termination
or suspension, provided that, if we reasonably believe that you have materially
breached this Agreement, we may immediately terminate or suspend you. Upon
any termination or suspension, your right to use the Services will immediately
cease, and we may, without liability to you or any third party, immediately
deactivate or delete your user name, password and account, and all associated
materials, without obligation to provide further access to such materials.
Your obligations under this Agreement shall survive any expiration or termination
of this Agreement.
19. Governing Law; Jurisdiction. Unless otherwise prescribed
by applicable law, this Agreement is governed by and shall be construed
in accordance with the laws of Ontario, without giving effect to any principles
of conflicts of law. All disputes between you and us arising out of or
related to the Services or this Agreement, whether based in contract, tort,
statute, fraud, misrepresentation or any other legal theory and including
non-contractual disputes or claims, shall be brought exclusively in a court
of competent jurisdiction sitting in Ontario, and you agree to submit to
the personal and exclusive jurisdiction of such courts.
20. Filtering. Parental control protections (such as computer
hardware, software or filtering services) are commercially available that
may assist you in limiting access to material that may be harmful to or
inappropriate for minors. Information identifying current providers of
such protections (which we do not endorse) is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.
21. Other Important Terms. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. This Agreement is between you and us. Except as set forth in Sections 17, 18 and 27, no other person shall have any rights to enforce any of the terms of this Agreement. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter of this Agreement, and, in the absence of fraud, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Neither party will be responsible for any failure to fulfill any obligation due to any cause beyond its control.