1. Terms of Use
CanadaHelps makes available to you this website located at www.CanadaHelps.org
(the "Website") subject to your acceptance of and compliance with this terms of
use policy (the "Policy"). By accessing, browsing, and/or using this Website
you are acknowledging that you have read and understood this Policy and that
you agree to be bound by its terms and conditions. If you cannot or do not
agree with this Policy then do not access or use this Website. CanadaHelps
reserves the right, in its sole discretion, to update, revise, supplement, and
modify this Policy as well as to impose new or additional terms and conditions
to this Policy at any time without prior notice. Your continued access or use
of the Website after such modifications have been posted shall indicate your
acceptance of and agreement to be bound by this Policy as modified. It is your
responsibility to review regularly this Policy.
2. Conditions of Use
Except as may be expressly authorized by CanadaHelps, any reproduction,
modification or distribution of the Website materials or content, in whole or
in part, is strictly prohibited. Notwithstanding the foregoing CanadaHelps
hereby grants to you a license to view, download, and retain copies of this
Website and materials published by CanadaHelps on this Website for your
personal, non-commercial use only, provided you do not remove or alter any
copyright or other proprietary notices. You also agree that you will not use
any part of this Website in such a way that suggests any type of relationship
between CanadaHelps and you or any entity related to you, unless you have
received prior consent from CanadaHelps. Except to the extent permitted by
copyright law no copying or use of the material from this site is permitted
except in accordance with this policy or the express permission of CanadaHelps.
CanadaHelps reserves the right to modify, change, discontinue or suspend the
Website in whole or in part, at any time, without prior notice to you.
CanadaHelps or any of its respective employees, agents, officers, directors or
third party service providers (collectively, "CanadaHelps and CanadaHelps
Service Providers") shall not be liable to you or any third party should
CanadaHelps exercise this right. You represent and warrant that any information
or materials you provide to CanadaHelps or post on it's Website is accurate,
truthful, not misleading, not confidential property of third parties, does not
violate third party rights, and is offered in good faith. This includes, but is
not limited to, information provided as part of any registration, to gain
access to, or for use of any service offered on the Website. In addition you
agree not to use the Website in connection with any of the following
activities: a) sending and relaying spam, impersonating another person or
entity, falsely misrepresenting your identity or your affiliations; b) using
the site for illegal or fraudulent purposes; c) using the site for transmitting
or distributing any objectionable material that is illegal, harassing,
defamatory, tortuous, sexually explicit, obscene, hateful, or racist; d)
transmitting material that contain computer programs including but not limited
to viruses, Trojan horses, worms, time bombs, and cancel bots, which are
designed to disrupt, destroy, harm, or damage the operation of the Website or
computer. CanadaHelps reserves the right at any time, in its discretion, to
remove any content or material provided or posted by you including, but not
limited to, materials CanadaHelps deems to be in violation of this policy.
3. Monitoring Information
CanadaHelps makes reasonable efforts to ensure that the information provided
through the Website is current and accurate. CanadaHelps makes no
representations or warranties as to the accuracy, reliability, completeness or
timeliness of such information.
4. Ownership of Intellectual Property
CanadaHelps owns all rights, title and interest in the Website and you acquire
no interest therein. The materials provided on the Website including, without
limitation, all content, site design, text, graphics and the selection and
arrangement thereof are protected by copyright. All rights are reserved. Any
unauthorized use or any reproduction, modification or distribution of the
materials is strictly prohibited. Nothing in this Legal Notice or your use of
the Website shall grant you any rights in or to the intellectual property or
proprietary rights of CanadaHelps or any third party. If you provide material
or post content onto the CanadaHelps's website you are hereby waiving all moral
rights you may have in the material you have provided or posted. By providing
or posting this material onto CanadaHelp's website you hereby grant to
CanadaHelps a nonexclusive, royalty free, perpetual, and irrevocable license
which allows CanadaHelps the right to use, edit, modify, adapt, reproduce,
publish, distribute and display such material. You represent and warrant that
you own all rights to the material you post on our website and therefore have
the authority to grant such a license. Nothing in this or on the Website shall
be construed as granting, either expressly, by implication, by estoppel or
otherwise, a licence or other right to you to use any trade-marks or
trade-names of CanadaHelps. The names of other companies, products or services
referred to on the Website may be trade-marks or trade-names of their
respective owners. Any unauthorized use of the trade-marks or trade-names of
CanadaHelps or of third parties is strictly prohibited.
5. Links
You may not frame this Website nor link to this Website without CanadaHelp's
express permission. If you wish to link to this Website please contact us at
info@canadahelps.org. Certain links on this Website lead to other
websites ("Linked Sites"). Independent parties over whom CanadaHelps has no
control maintain the Linked Sites. Use of any linked site is entirely at your
own risk. CanadaHelps makes no representations or warranties as to the accuracy
or any other aspect of the information contained on the Linked Sites, including
the goods or services sold or made available. CanadaHelps therefore disclaims
all liability and responsibility for the availability of information, content,
accuracy, products, or services found on third party sites which are linked
from or to the Website. The existence of a link from the Website to any third
party site does not constitute an endorsement by CanadaHelps of the linked site
or any goods, services or information provided through such Linked Sites.
6. Compliance with Laws
In addition to complying with this Policy, you agree to use the Website, Linked
Sites and services available on or through the Website and Linked Sites for
lawful purposes only and in a manner consistent with local, national or
international laws and regulations. You may not use the Website or Linked Sites
in any manner which could damage, disable, overburden, or impair the Website or
Linked Sites or interfere with any other party's use or enjoyment of the
Website or Linked Sites.
7. Disclaimers, Limitations of Liability and Indemnification
YOU UNDERSTAND AND AGREE THAT: USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE
WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. CANADAHELPS DOES NOT
PROVIDE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CANADAHELPS DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE. THE DOWNLOADING OF MATERIAL
FROM THE WEBSITE OR LINKED SITES IS DONE AT YOUR OWN RISK. CANADAHELPS DOES NOT
GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN
HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING
SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR
THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF
THE USE OF THE WEBSITE OR ANY LINKED SITE. YOU SHOULD NOT RELY ON ANY OPINION
OR OTHER INFORMATION SET OUT IN THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE
WEBSITE WHEN MAKING BUSINESS, FINANCIAL, PERSONAL OR OTHER DECISIONS.
CANADAHELPS AND CANADAHELPS SERVICE PROVIDERS DO NOT ENDORSE THE OPINIONS OF
ANY THIRD PARTY EXPRESSED ON THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE
WEBSITE. Limitations of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT
SHALL CANADAHELPS ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS BE LIABLE FOR ANY: (i) INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES; (ii)
DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY; (iii)
CLAIMS OF THIRD PARTIES; OR (iv) OTHER PECUNIARY LOSS, ARISING OUT OF OR
RELATED TO THIS POLICY, THE WEBSITE OR ANY LINKED SITE. IN NO EVENT WILL THE
CUMULATIVE LIABILITY OF CANADAHELPS, ITS SERVICE PROVIDERS, SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARISING OUT
OF OR RELATED TO THIS POLICY EXCEED CDN _____?. $100. TO THE EXTENT THAT SOME
JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF
DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. Scope of
Limitations and Disclaimers. THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF
LIABILITY SET OUT IN THIS POLICY SHALL APPLY REGARDLESS OF THE CAUSES,
CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR
LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH
OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR
BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN
IF CANADAHELPS, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARE ADVISED OF THE POSSIBILITY OF
THE LOSS, DAMAGE, CLAIM OR LIABILITY. Indemnity. YOU AGREE TO INDEMNIFY AND
HOLD HARMLESS CANADAHELPS AND ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS FROM AND AGAINST ANY AND
ALL CLAIMS, LIABILITIES, DAMAGES, DEMANDS, LOSSES OR EXPENSES (INCLUDING ALL
LEGAL FEES) BROUGHT BY YOU OR ANY THIRD PARTY ARISING OUT OF YOUR USE OF THIS
SITE IN BREACH OF THIS OR ANY OF CANADAHELPS POLICIES OR THE INFRINGEMENT BY
YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.
8. Jurisdiction
The laws of the Province of Ontario and any applicable federal laws of Canada
shall govern your use of the Website. The courts of the Province of Ontario
shall have exclusive jurisdiction over any dispute arising out of your use of
this Website.
9. General
This Policy, any and all other notices, policies and statements contained on the
Website (as the same may be amended by CanadaHelps from time to time without
prior notice) constitute the entire agreement between CanadaHelps and you. This
Policy cannot be modified except as described elsewhere herein. This Policy
supersedes anything in the Website inconsistent with this Policy. No delay or
failure to exercise any right or any non-compliance by you, the user, with
respect to the terms of this policy shall be construed as a waiver by
CanadaHelps. No waiver of any of this Policy shall be deemed a further or
continuing waiver of such term or condition or any other term or condition.
10. Severability
If in any jurisdiction any part of this Policy is held, by a
court of competent jurisdiction, to be invalid or unenforceable, such part of
this Policy shall be restricted or eliminated to the minimum extent necessary
with respect to that jurisdiction, and the remaining Policy shall otherwise
remain in full force and effect. If such invalid or unenforceable provision may
be modified to become valid and enforceable, such provision will be deemed to
be modified so as to be valid and enforceable to the greatest extent allowed by
law.