BY USING THIS WEBSITE AND OTHER WEBSITES (THE “Websites”) OWNED AND OPERATED BY CANADA TO USA INC (THE “Company”), YOU AGREE TO BE CONTRACTUALLY BOUND BY THE FOLLOWING TERMS OF USE AGREEMENT (THE “Terms of Use”). IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DISCONTINUE ALL USE OF THE WEBSITES IMMEDIATELY. IF YOU ACCESS AND USE THE WEBSITES, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF USE AGREEMENT.
Access to the Websites is offered to you by the Company on the condition that you accept without modification the terms, conditions and disclaimers contained herein. Your use of the Websites and the content therein constitutes your agreement to all such Terms of Use. Any personal information collected, used or disclosed by the Company through the Websites is subject to the Company privacy policy. By agreeing to these Terms of Use, you consent to the collection, use and disclosure of personal information in accordance with our privacy policy.
1. Non-Commercial Use
The Websites are for personal and non-commercial use. All content included in the Websites, including but not limited to text,information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, video clips, software and links to external websites (the “Content”), is provided for informational purposes only.
2. Warranty Disclaimer
The Company’s intend for the Content on the Websites to be accurate and reliable, however, the Websites and the Content are provided to you on an “as is” and “as available” basis and without warranty or condition of any kind, whether express or implied. In particular, the Company does not control the Content posted by users on the Websites and make no representation or warranty whatsoever regarding the accuracy or completeness of any data or information accessible on or through the Websites. Furthermore, to the fullest extent permissible pursuant to applicable law, the Company, their respective Affiliates, and their respective officers, directors, employees, affiliates, suppliers, advertisers, representatives and agents disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement,freedom from computer viruses, warranties arising from course of dealing or course of performance, merchantable quality and fitness for a particular purpose. The Company expressly disclaim any representation or warranty that the Websites will be free from errors, viruses or other harmful components, that communications to or from the Websites will be secure and not intercepted, that the services and other capabilities offered from the Websites will be uninterrupted, or that its content will be accurate, complete, adequate or timely. Any material downloaded is at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
3. Liability Disclaimer
Without limiting the foregoing, the Company expressly exclude (and you hereby release the Company from) any liability for any of the following:
- fraud by any user of the Sites;
- any misrepresentation by a third party Affiliate (whether innocent or fraudulent) made in respect of the Websites and/or the content therein;
- any failure by the Company to ensure that they do not breach any copyright or other intellectual property right of any third party Affiliates;
- any link on the Websites to any other site; and
- loss or damage caused by delay or errors in, or the downtime of, the Website (or servers) or resulting from interruption,termination, or failed operation of the Internet or a third-party telecommunication service, even in the event that the Company has been advised of the possibility of such loss or damage.
Nothing in these Terms of Use is intended to limit or exclude any liability on the part of the Company where and to the extent that applicable laws prohibit such exclusion or limitation. In no event shall the Company or its affiliates, licensors, suppliers, advertisers, agents or sponsors, be responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, tort, extra-contractual liability, strict liability or other theory, arising out of or in connection with the use or performance of the Websites or any other site you or users of your account may access while using the Websites or your use or the use by users of your account of the Content, even if advised of the possibility of such damages.
4. Dealing with Third Party Affiliates
Any correspondence or business dealings with any third party advertising affiliates (the “Affiliates”) found on, or through, the Websites is solely between you and such third party Affiliates, and the Company has no control over the quality, legality or inappropriate nature of the Content provided, the truth or accuracy of any representations made by the Affiliates. Information from third party Affiliates is not verified or guaranteed by the Company. The Company is not responsible for any loss or damages you may suffer by entering into such transactions including the payment for services and or delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party Affiliates, not the Company, are responsible for compliance with all laws applicable in any such transaction. The Company only collects requests for products and services on the Websites. You may be able to access these products and services when you complete a request and get matched with third party Affiliates who will respond with additional information for products or services. The Company is not a provider of products or services and does not make any decisions in connection with the products or services offered by the Affiliates. The Company does not endorse or recommend the products or services of any particular third party Affiliates on any of its Websites. The Company’s services are only to facilitate contact between Website users and third party Affiliates. The Affiliates are solely responsible for the products and services they provide to you, and you agree that the Company will not be liable for any damages or costs of any type arising out of or in any way connected with your use of such products or services.
5. Indemnity
You acknowledge and expressly agree that use of the Websites is at your sole and own risk. You agree to defend, indemnify and hold the Company and their Affiliates as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms of Use by you or users of your account, or in any way arising out of the use of the Websites, including without limitation, the placement or transmission of any information or other materials on the Websites by you or users of your account.
6. Web Scraping/Harvesting
You may only use or reproduce the Content for your own personal and non-commercial use. The framing, scraping, data-mining, extraction or collection of the Content of the Websites in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on the Websites.
7. Links to Third Party Website
Links available on the Websites will allow you to link to websites or resources not maintained or controlled by the Company. The Company provides these links for your convenience only and make no endorsements, warranties or representations of any kind whatsoever regarding those other websites and expressly disclaim all responsibility for content on third party websites. The Company has neither reviewed nor approved any content that appears on such other websites. Please be aware that you link to these third party websites at your own risk. You acknowledge and agree that the Company shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
8. Copyright
All Content published on or otherwise accessible through the Websites, including without limitation, all texts, designs, images, photographs and other information, is protected under Canadian and other copyright laws to the maximum extent permitted. The Content, and the copyright in the Content, are owned or controlled by the Company and/or its Affiliates. You must abide by all copyright notices, information and restrictions contained in any Content on, or accessed through, the Websites and maintain such notices in the Content. The Company does not warrant or represent that your use of materials displayed on, or obtained through, the Websites will not infringe the rights of third party Affiliates.
9. Changes and Updates
The Companies reserve the right to change or remove any Content from the Websites, in whole or in part, at their sole discretion, at any time, without notice. The Company reserves the exclusive right to modify these Terms of Use at any time. Non-material changes and clarifications will take effect immediately. You must regularly review these Terms of Use. Your continued use of the Websites following any modification to the Terms of Use constitutes your agreement to such modified Terms of Use.
10. Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of Canada and the United States of America applicable therein. The parties hereby agree and attorn to the exclusive jurisdiction in which you reside. The parties have required that these Terms of Use and all related documents be drawn up in English.
11. General
The Company reserves the right to terminate or suspend access to the Websites and/or to terminate these Terms of Use at any time without notice and for any reason whatsoever. The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in their sole discretion. Any service order or transaction performed on or through the Websites may be subject to additional terms and conditions or terms of sale. The Terms of Use of the Websites and all other documents referenced herein constitute the entire agreement between the Company and you with respect to your use of the Websites. The Company’s failure to insist upon, or enforce strict performance, of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any terms in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.
