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Terms & Conditions
TERMS OF USE
THIS IS IMPORTANT -- PLEASE READ
- This website requires consideration for and as a
condition of allowing you access.
- Reading and accepting the terms of use and
reading and accepting the provisions of the privacy
policy of this website are required considerations
for the website granting you the right to visit,
read or interact with it.
- All persons are denied access to this site
unless they read and accept the terms of use and the
privacy policy.
- By viewing, visiting, using, or interacting with
this website (or with any banner, pop-up, or
advertising that appears on it) you are agreeing to
all the provisions of this terms of use policy and
the privacy policy of this website.
- All persons under the age of 14 are denied
access to this website. If you are under 14 years of
age, it is unlawful for you to visit, read, or
interact with this website or its contents in any
manner. This website specifically denies access to
any individual that is covered by the child online
privacy act (copa) of 1998.
- This website reserves the right to deny access
to any person or viewer for any reason. Under the
terms of the privacy policy, which you accept as a
condition for viewing, the website is allowed to
collect and store data and information for the
purpose of exclusion.
- The terms of use agreement may change from time
to time. Although we will do our best to inform
members of upcoming changes to our agreement,
visitors have an affirmative duty, as part of the
consideration for permission to view this website,
to keep themselves informed of changes.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members,
affiliates, or customers, collectively referred to
herein as "Visitors," are parties to this agreement. The
website and its owners and/or operators are parties to
this agreement, herein referred to as "Website."
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written
contract with this website to the contrary, visitors,
viewers, subscribers, members, affiliates, or customers
have no right to use this information in a commercial or
public setting; they have no right to broadcast it, copy
it, save it, print it, sell it, or publish any portions
of the content of this website. By viewing the contents
of this website you agree to this condition of viewing
and you acknowledge that any unauthorized use is
unlawful and may subject you to civil or criminal
penalties. Visitor warrants that he or she understands
that accepting this provision is a condition of viewing
and that viewing constitutes acceptance. This clause
protects not only Website content but Visitor content as
well.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH
CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by
the website. Material contained on the website must be
presumed to be proprietary and copyrighted. Visitors
have no rights whatsoever in the site content. Use of
website content for any reason is unlawful unless it is
done with express contract or permission of the website.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the
accuracy of the content submitted to this website.
Visitors assume the risk of viewing, reading, using, or
relying upon this information. Unless you have otherwise
formed an express contract to the contrary with the
website, you have no right to rely on any information
contained herein as accurate. The website makes no such
warranty.
INTERACTING WITH THIS WEBSITE OR ITS CONTENTS
Any material downloaded or
otherwise obtained through the use of the service is
done at your own discretion and risk and that you will
be solely responsible for any damage to your computer
system or loss of data or other liability that results
from the download of any such material.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with
this site, including banners, advertising, or pop-ups,
downloads, and as a condition of the website to allow
his lawful viewing, Visitor waives the right to claims
of damage of any and all description.
INDEMNIFICATION
Visitor agrees that in the event he causes damage,
which the Website is required to pay for, the Visitor,
as a condition of viewing, promises to reimburse the
Website for costs incurred.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any
communication between Visitor and Website is deemed a
submission. Visitor retains all ownership rights to his
content. Except for its ownership of the collection of
all content on Website, as described below, Website does
not claim ownership of any content you publish in your
area of the Website (ie. Your Global Profile, etc.).
When you publish your content on the Website, you grant
the Website a temporary license to “rebroadcast” it. We
need this license to be able to show your content to
other Visitors as well as in marketing the Website.
Under the temporary license all submissions,
including portions thereof, graphics contained thereon,
or any of the content of the submission, shall become
available for use by the Website and may be used,
without further permission, for commercial use without
additional consideration. Visitor agrees to only
communicate that information to the Website, which it
wishes to allow the Website to use under its temporary
license.
NOTICE
No additional notice of any kind for any reason is
due Visitor and Visitor expressly warrants an
understanding that the right to notice is waived as a
condition for permission to view or interact with the
website.
DISPUTES
As part of the consideration that the Website
requires for viewing, using or interacting with this
website, Visitor agrees to use binding arbitration for
any claim, dispute, or controversy ("CLAIM") of any kind
(whether in contract, tort or otherwise) arising out of
or relating to use of this Website, including
solicitation issues, privacy issues, and terms of use
issues.
Arbitration shall be conducted pursuant to the rules
of the Ontario Arbitration Act in
effect on the date a dispute is submitted. The
rules and procedures of the Ontario Arbitration Act can
be found
here. Hearing will take place in the city or
county of the Website.
In no case shall the Visitor have the right to go to
court or have a jury trial. Visitor will not have the
right to engage in pre-trial discovery except as
provided in the rules; you will not have the right to
participate as a representative or member of any class
of claimants pertaining to any claim subject to
arbitration; the arbitrator's decision will be final and
binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other
party for any and all costs associated with the dispute
arbitration, including attorney fees, collection fees,
investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning use of the Website shall be
brought before a court of law, pre- or post-arbitration,
Visitor agrees that the sole and proper jurisdiction to
be the state and city declared in the contact
information of the web owner unless otherwise here
specified. City of Peterborough, in the province of
Ontario, CANADA. In the event that litigation is in a
federal court, the proper court shall be the closest
federal court to the Seller's address.
APPLICABLE LAW
Visitor agrees that the applicable law to be applied
shall, in all cases, be that of the state of the
Website.
CONTACT INFORMATION Please use
our
contact form. |
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