Last Updated: February 8, 2008
IT IS IMPORTANT THAT YOU CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEBSITE. IF YOU DISAGREE WITH ANY OF THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE WEBSITE OR OF THE COMPANY OPERATING THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE BY EXITING IMMEDIATELY.
Modifications of this Agreement
The Company may add to or remove, modify or otherwise change any part of the terms and conditions of this Agreement at any time. You should visit this web page periodically for changes to the Agreement by checking the date of “Last Update” at the top of this document. Use of the Website after such changes are posted will signify your agreeement to these revised terms. If you disagree with any of the changes to the terms and conditions of this Website, your sole and exclusive remedy is to discontinue using the Website by exiting immediately.
Modifications to this Website
The Company may terminate, change, suspend or discontinue any aspect of this Website at any time without notice. Without limiting the generality of the foregoing, the Company may change the availability of any features, institute new or change existing features, add, remove, modify or otherwise change any content on this Website, impose limits on certain features or restrict access to parts or all of this Website. The Company reserves the right, but not the duty, to correct any errors or omissions in any portion of this Website at any time without notice.
Links to this Website
Certain websites may be linked to this Website. Not all of these links may have been permitted by the Company. Regardless of whether a link has been permitted by the Company, the Company is not responsible for the content of any website that is linked to this Website. The Company makes no representations or warranties, and does not endorse or recommend, any website that is linked to this Website, the content of any such website, the information appearing on any such website or any of the wares or services described on any such website. The fact that a website is linked to this Website does not imply that the Company sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for such website.
[Additional “Links to this Website” Language]
While the Company encourages links to the Website, it does not wish to be linked to or from any third party website which contains, posts or transmits (i) any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any municipal, provincial, federal or international law or regulation which may be damaging or detrimental to the activities, credibility or integrity of the Company, (ii) any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner; or (iii) any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights.
The Company reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of the Company.
Links to Third Party Websites
Certain links on this Website may take you to third party websites. The Company provides these links only as a convenience. The Company is not responsible for the content of any of these third party websites. The Company makes no representations or warranties regarding, and does not endorse or recommend, any third party website, the content thereof, the information appearing thereon or any of the wares or services described thereon. Links do not imply that the Company sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for any third party website linked from this Website. If you decide to visit any third party websites, you will do so at your own risk.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not use this Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All materials displayed or otherwise accessible through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively hereinafter the “Content”) are protected under Canadian copyright law and other intellectual property laws, and are owned by the Company, its licensors or the party accredited as the provider of the Content. In addition, the Website is protected under copyright law as a collective work and/or compilation pursuant to Canadian copyright laws and other intellectual property laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Website.
ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE COMPANY.
If the Website provides Content in the form of computer software or code for download, unless otherwise provided, you are hereby granted, subject (i) to the terms of this Agreement and (ii) to any other terms and conditions that may apply to your downloading and use of such Content, a personal, non-transferable, non-exclusive license to install and run one copy of the Content in object-code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Content only as reasonably required to install, run and make reasonable backup copies as allowed by law. Nothing contained in this Agreement shall be construed as granting you any right, title, interest or other license in or to any Content, including computer software and code embedded or integrated into the Website or made available for download from the Website, including, but not limited, to any intellectual property rights in such Content.
The AFIMAC Design logo, THE SHIELD, TECHNOLOGY.SAFETY.STRATEGY, and STAFF TRACE are registered trademarks of the Company. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may also constitute registered or unregistered trademarks of the Company or third parties. While certain trademarks of third parties may be used by the Company under license, the display of third party trademarks on the Website should not be taken to imply any relationship or license between the Company and the owner of said trademark or to imply that the Company endorses or recommends the wares, services or business of the owner of said trademark. Nothing contained on the Website should be construed as granting you any license or right to use any trademark, logo or design of the Company or any third party, without the written permission of the Company or the respective owner of any third party trademark.
THE WEBSITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEBSITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEBSITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, WARE OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; (III) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (V) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE OR NOT INTERCEPTED.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF THE COMPANY KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF THE COMPANY OR YOUR FAILURE TO PROTECT YOUR PASSWORD, ACCOUNT, OR LAWYER APPLICATION INFORMATION.
THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER OF THE WEBSITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THE “THIRD PARTY USER”). UNDER NO CIRCUMSTANCES SHALL THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER, OR ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEBSITE LINKED TO OR FROM THE WEBSITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEBSITE OR CONTENT, MATERIALS, SOFTWARE, WARES OR SERVICES FROM A WEBSITE LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY WARES OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR BY THIRD PARTIES THROUGH THE WEBSITE.
You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from: (i) your breach of any of the terms and conditions of this Agreement; (ii) your access, use or inability to access or use the Website or any Website to which the Website is or may be linked to from time to time; (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the Website; and/or (iv) your violation of any law or regulation.
The information contained on the Website is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice. If you require legal, accounting, tax, investment, financial, medical or other advice, you should retain competent professionals to counsel and advise you.
To use certain features of the Website, you may also need a username and password, which you will receive through the completion of the registration or application process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify the Company immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from the Company's failure or your failure to protect your password or account information.
Please note that information sent or received over the Internet is generally unsecure and the Company cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.
The Company may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Website or any portion thereof. The Company may also terminate your right to access and use the Website, or any part of the Website, if you breach any term or condition of this Agreement.
Governing Law and Jurisdiction
This Website is controlled by the Company from its offices within the Province of Ontario. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflict of laws principles thereof. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Any consent or waiver by the Company to a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent or waiver to any other or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with the Company that expressly reference this Agreement, this is the entire agreement between you and the Company relating to the matters contained herein.