TORONTO VETTES WEBSITE
TERMS AND CONDITIONS OF USE
Please read these Terms and Conditions carefully before using this Site.
1.
Service
THIS WEBSITE (THIS "SITE") IS PROVIDED BY “TORONTO VETTES” FOR
USE BY YOU CONDITIONAL ON YOUR
ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS AND CONDITIONS SET FORTH BELOW (THE
"TERMS AND CONDITIONS"). BY ACCESSING, USING AND/OR DOWNLOADING
MATERIALS FROM THIS SITE, YOU AGREE ON YOUR OWN BEHALF AND ON BEHALF OF EACH
ENTITY ON WHOSE BEHALF YOU ACT TO ACCEPT AND ABIDE BY THESE TERMS AND
CONDITIONS. [NOTE: CAN WE ALSO HAVE THE USER CLICK AN “I AGREE BUTTON ON THE
REGISTRATION PAGE TO SHOW ACCEPTANCE? IF SO, WE SHOULD ADD SOMETHING TO THE
EFFECT OF: “OR BY CLICKING ON THE ‘I AGREE’ BUTTON ON THE BOTTOM OF THE
PAGE.”] IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, YOU SHOULD
NOT USE THIS SITE OR DOWNLOAD OR USE MATERIALS FROM IT.
YOU AGREE TO FAMILIARIZE YOURSELF WITH THE TERMS AND CONDITIONS OF USE
AND THE PRIVACY POLICY OF THE SITE IF YOU CHOOSE TO USE THE SITE.
2. Changes to Agreement
TORONTO VETTES has the right, at its sole discretion, to add to, remove,
modify or otherwise change any part of these Terms and Conditions, including the
Privacy Policy, in whole or in part, at any time. Changes will be effective when
notice of such change is posted at this Site. You are responsible for regularly
reviewing the Terms and Conditions of Use posted at the Site. Your continued use
of this Site or downloading or use of materials from it after any such changes
are posted will be considered acceptance of such changes.
3. Changes to Service
TORONTO
VETTES may terminate, change, suspend or discontinue any aspect of this
Site, including the availability of any features, at any time without notice or
liability. TORONTO VETTES may similarly remove, add, modify or otherwise
change any content, including that of third parties, on or from this Site. TORONTO
VETTES may also impose limits on certain features and services or restrict
your access to parts or all of this Site without notice or liability.
4. Proprietary Rights
Licence to Use Materials Subject to the terms and conditions set forth in this Agreement, TORONTO VETTES grants you a non-exclusive, non-transferable, limited right to access, use and display this Site, and the visible text, graphics and images thereon (the "Materials"), and to view and download the Materials. This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions: a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; b) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; c) you may not transfer the Materials to any other person without our written consent; and d) you may not print or copy any of the HTML or XML or other computer programs that are viewable at this Site. You agree to abide by all additional restrictions displayed on this Site as it may be updated from time to time. This Site, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, TORONTO VETTES does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of TORONTO VETTES.
Trademarks. The product names, company names and logos of TORONTO VETTES or any affiliate used on this Site may be trademarks including registered trademarks of TORONTO VETTES or an affiliate. Such product names, company names and logos of TORONTO VETTES and its affiliates may not be copied, imitated or used, in whole or in part, without the prior written consent of TORONTO VETTES or such affiliate. Other product and company names mentioned on this Site may be the trademarks of their respective owners.
5.
Use of Software
Software (if any) that is made available to download from the Site, excluding software that may be made available by end-users through a Communications Service, (“Software”) is owned by TORONTO VETTES and/or its licensors. Your use of the software is governed by the terms and conditions of the license agreement, if any, which accompanies or is included with the Software (“Licence Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. All Software is owned by TORONTO VETTES and/or its licensors and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is warranted, if at all, only according to the terms of the License Agreement.
6. User Conduct
You agree: a) not to use this Site in any manner which could damage, disable,
overburden or impair this Site; b) not to interfere with the security of, or
otherwise abuse, this Site, or any services, system resources, accounts, servers
or networks connected to or accessible through this Site or affiliated or linked
sites; c) not to disrupt or interfere with any other person's use and enjoyment
of this Site or affiliated or linked sites; d) not to upload, post or otherwise
transmit on this Site any viruses or other harmful, disruptive or destructive
files or computer programs; e) not to use any robot, spider or other automatic
device, or manual process to monitor or copy the web pages or the content
contained at this Site; f) not to use or attempt to use another's account,
service or system without authorization from TORONTO VETTES, or create or
use a false identity on this Site; g) not to transmit on this Site spam, chain
letters, junk mail or any other type of unsolicited mass e-mail; and h) not to
attempt to obtain unauthorized access to this Site or portions of this Site
which are restricted from general access. In addition, you agree that you are
solely responsible for actions and communications undertaken or transmitted to
or for your account, and that you will comply with all applicable laws that
relate to your use or activities on this Site.
7. On-line Communities and Other Interactive Areas
To the extent that this Site contains bulletin boards, chat rooms, or other
message or communication facilities, you agree to use such forums only to send
and receive messages and materials that are proper and related to the particular
forum. By way of example, and not as a limitation, you agree that when using a
forum, you will not post or otherwise disseminate on or through this Site
harassing, defamatory, libellous, tortious, offensive, threatening, obscene or
otherwise unlawful communications or materials of any kind, or materials which
infringe or violate any third party's copyright, trademark, trade secrets,
privacy or other proprietary or property right or that could constitute a
criminal offence, give rise to civil liability or otherwise violate any
applicable law; will not advertise or offer to sell or buy any goods or services
for any commercial purpose unless such forum specifically allows such messages;
will not conduct or forward surveys, contests, pyramid schemes or chain letters;
and will not harvest or otherwise collect information about others, including
e-mail addresses, without their consent. TORONTO VETTES does not have any
obligation to monitor the content of its bulletin boards, chat rooms, or other
message or communication facilities. However, TORONTO VETTES reserves the
right at all times to disclose any information as necessary to satisfy any law,
regulation or governmental request, or to edit, refuse to post and remove any
information or materials, in whole or in part, that in TORONTO VETTES
sole discretion are objectionable or in violation of these Terms and Conditions.
8.
Use of Communication Service
The
Site may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, group calendars, electronic mail postings
and/or other message or communication facilities designed to enable you to
communicate with the public at large, Participants,
or with a group (collectively, "Communication Service"). You
agree to use the Communication Service only to post, send and receive messages
and material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using a
Communication Service, you will not: defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and publicity) of
others; publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information; upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all necessary
consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer; advertise or offer to sell or buy any goods or service for any
commercial purpose, unless such Communication Service specifically allows such
messages; conduct or forward surveys, contests, pyramid schemes or chain
letters; download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in such
manner; falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded; restrict or inhibit any
other user from using and enjoying the Communication Service; violate any code
of conduct or other guidelines which may be applicable for any particular
Communication Service; harvest or otherwise collect information about others,
including e-mail addresses, without their consent; violate any applicable laws
or regulations. TORONTO VETTES reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. TORONTO VETTES
reserves the right to terminate your access to any or all of the Communication
Service at any time without notice for any reason whatsoever. TORONTO
VETTES has no obligation
to monitor the Communication Service. However, TORONTO VETTES
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 TORONTO VETTES
sole discretion. You acknowledge that all Communication Service are public and
not private communications, therefore your communications may be read by others
without your knowledge. TORONTO VETTES
does not control or endorse the content, messages or information found in any
Communication Service and, therefore, TORONTO VETTES specifically disclaims any liability with regard to the Communication
Service and any actions resulting from your participation in any Communication
Service. Forum managers and hosts are not authorized TORONTO VETTES
spokespersons, and their views do not necessarily reflect
those of TORONTO VETTES
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination, you are responsible for
adhering to such limitations if you upload the materials.
9. Links and Third Party Content
As a convenience to you, TORONTO VETTES may provide, on this Site, links to websites operated by other entities. Linked sites are not under the control of TORONTO VETTES and TORONTO VETTES is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. TORONTO VETTES makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked third party sources. Links do not imply that TORONTO VETTES or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of TORONTO VETTES or any of its affiliates.
This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in on-line community discussions. You agree that TORONTO VETTES shall not have any liability whatsoever to you for any such third party material, data or information.
All links to this Site must be approved in writing by TORONTO VETTES.
10. Information Provided by You
TORONTO VETTES does not want you to, and you should not, send any confidential or proprietary information to TORONTO VETTES via this Site. The security of this Site is by no means guaranteed and you agree that any information or materials that you or individuals acting on your behalf provide to TORONTO VETTES is sent at your own risk and will not be considered confidential or proprietary. By providing any such information or materials to TORONTO VETTES, you grant to TORONTO VETTES and its affiliates an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display or perform (including display or perform in public), communicate to the public, modify, adapt, transmit, publish your name in connection with any such communication, and distribute such information and materials in any form, with the right to grant sub-licenses, and you also agree that TORONTO VETTES and its affiliates are free to use any ideas, concepts, know-how or techniques that you or individuals acting on your behalf provide to TORONTO VETTES for any purpose. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. No compensation will be paid with respect to TORONTO VETTES use of the materials contained within such communication. TORONTO VETTES is under no obligation to post or use any materials you may provide and may remove such materials at any time in TORONTO VETTES sole discretion. You further recognize that TORONTO VETTES does not want you to, and you warrant that you will not, provide any information or materials to TORONTO VETTES that are harassing, defamatory, libellous, tortious, offensive, threatening, obscene or otherwise unlawful, or that incorporates the proprietary or confidential material of another.
11.
Agreement to Privacy Policy
Personal data will be collected, processed, used, communicated, and disclosed by TORONTO VETTES and its affiliates for the purpose of providing and offering products and services and to facilitate transactions you enter into with TORONTO VETTES and its affiliates. You can find further information on the collection, use, communication, and disclosure of your personal data in TORONTO VETTES Privacy Policy [http://www.torontovettes.com/h/vette/privacy.cfm]. The Privacy Policy is incorporated by reference into these Terms and Conditions. Such personal information that you provide via this Site, together with information regarding the manner in which you use this Site will be used, processed, communicated and disclosed as permitted by these Terms and Conditions, the Privacy Policy reproduced on this Site, other agreements between the parties related to such information, and as otherwise permitted by law.
12.
WARRANTY
TORONTO
VETTES EXPRESSLY
DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED NOT
CONTAINED HEREIN, INCLUDING REPRESENTATIONS, WARRANTIES AND CONDITIONS OF
QUALITY, PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR
FROM A COURSE OF DEALING OR USE OF TRADE. TORONTO VETTES DOES NOT WARRANT THAT
THE SERVICE WILL OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR FREE.
FURTHER, THE SERVICE MAY BE INTERRUPTED OR UNAVAILABLE FOR THE PURPOSES OF
PERFORMING MAINTENANCE OR UPGRADES. TORONTO VETTES
WILL NOT BE RESPONSIBLE FOR (1) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN YOUR
CONTROL OR ANY USER, (2) INTEROPERABILITY OF SPECIFIC CUSTOMER APPLICATIONS, (3)
INABILITY OF CUSTOMER TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER
THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE
INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET, (4)
INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR INFORMATIONAL OR
COMPUTING RESOURCES THROUGH THE INTERNET, (5) SERVICE PROVIDED BY OTHER SERVICE
PROVIDERS, OR (6) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.
13.
LIMIT OF LIABILITY
TORONTO
VETTES LIABILITY TO YOU
UNDER OR RELATED TO THIS AGREEMENT OR THE SERVICE INCLUDING WITHOUT LIMITATION
ON ACCOUNT OF ANY ACTS OR OMISSIONS RELATING TO THE SERVICE SHALL BE LIMITED TO
PROVEN DIRECT DAMAGES IN AN AGGREGATE AMOUNT NOT TO EXCEED CAN $100.00 HOWEVER,
THIS EXCLUSION DOES NOT APPLY TO DIRECT DAMAGES TO TANGIBLE PERSONAL PROPERTY,
OR FOR BODILY INJURY OR DEATH, PROXIMATELY CAUSED BY TORONTO VETTES’S
NEGLIGENCE.
14.
CONSEQUENTIAL LOSS
TORONTO
VETTES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNATIVE OR
EXEMPLARY, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR
HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT
TORONTO VETTES BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TORONTO VETTES SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER
ARISING OUT OF USE OF, OR INABILITY TO USE, THE SERVICE PROVIDED HEREUNDER
UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL ACT OF TORONTO VETTES. TORONTO
VETTES SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS
OR DESTRUCTION OF ANY DATA INCLUDING WITHOUT LIMITATION THROUGH ACCIDENT,
FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
15.
Survival of Limit of Liability
The
limitations of liability and disclaimers herein shall apply regardless of the
form of action, whether in contract, warranty, strict liability, negligence, or
other tort and shall survive a fundamental breach or breaches, or the failure of
the essential purpose, of contract or the failure of an exclusive remedy.
16.
Disputes
The
parties agree that all disputes or disagreements between them with respect to
the interpretation of any provision of this Agreement, the performance of
TORONTO VETTES or you under this Agreement or any other dispute between them
related hereto or arising here from (a “Dispute”) will be settled by final
and binding arbitration by a single arbitrator pursuant to the provisions of the
International Commercial Arbitration Act, (Ontario) and submission to
arbitration pursuant to this Section is
a condition precedent to the bringing of any action with respect to this
Agreement. Judgement upon the award rendered in any such arbitration may be
entered in any court having jurisdiction thereof, or application may be made to
such court for a judicial acceptance of the award and enforcement, as the law of
such jurisdiction may require or allow. The arbitration shall take place in the
Greater Toronto Area, Ontario, Canada. The parties shall agree on what, if any,
discovery shall be made available; if the parties fail to agree on the form of
discovery within 30 days after the appointment of the arbitrator, there shall be
no discovery. The arbitrator shall not limit, expand, or modify the terms of
this Agreement nor award damages in excess of compensatory damages permitted
under this Agreement, and each party waives any claim to such excess damages.
The arbitrator shall not have any ability to award any equitable remedies
against TORONTO VETTES. The arbitrator shall not have the right to award any
damages in excess of damages that could lawfully be awarded by a court of
competent jurisdiction. The
arbitrator shall issue a written decision containing findings and conclusions on
all significant issues. Each party shall bear its own expenses and an equal
share of all costs and fees of the arbitration. Any arbitrator selected shall be
competent in the legal and technical aspects of the subject matter of this
Agreement. The content and result of any arbitration shall be held in confidence
by all participants, each of whom will be bound by an appropriate
confidentiality agreement. The parties expressly waive any right to a jury trial
regarding disputes related to this Agreement.
17. International Users and Choice of law
This Site is controlled, operated and administered by TORONTO VETTES from its
offices within Canada. Neither TORONTO VETTES nor any of its affiliates makes
any representation or warranty that materials at this Site are appropriate or
available for use at any locations outside Canada and access to them from
territories outside of Canada is prohibited. If you access this Site from
outside Canada, you are responsible for compliance with all local law. You may
not export any of the Materials accessible through this Site in violation of
applicable export laws and regulations. This Agreement shall be deemed to
have been made and performed exclusively in the Province of Ontario, Canada and
shall be governed by and construed under the laws of the Province of Ontario and
the laws of Canada applicable therein without giving effect to its conflict of
laws principles. You submit to the exclusive jurisdiction of the courts in the
Province of Ontario for any claim related hereto or arising here from and agree
not to bring any action, claim, suit or proceeding against TORONTO VETTES (or
any officer, director, or employee thereof) in any jurisdiction other than the
Province of Ontario, Canada. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to this agreement.
18.
Time for Bringing Suit
Any
legal proceeding arising from or in connection with this Agreement, or any
Service provided hereunder, must be brought within one (1) year after the event
which is the subject of the proceeding has occurred, except to the extent that
such action arises from claims which are subject to an express indemnification
obligation therein.
19. Severability
If any portion of this Agreement is found to be invalid or unenforceable, the remaining portions shall remain in effect and the parties will begin negotiations for a replacement of the invalid or unenforceable portion.
20. Assignment
This agreement may be assigned by TORONTO VETTES. This Agreement shall ensure to the benefit of and be binding upon the respective successors and permitted assigns of the parties hereto.
21. Causes Beyond Control
TORONTO
VETTES shall not have any liability for damages or delays due to fire,
explosion, lightning, power surges or failures, strikes or labour disputes,
water, acts of god, the elements of war, civil disturbances, acts of civil or
military authorities or the public enemy, inability to secure products or
transportation facilities, fuel or energy shortages, acts or omissions of
communications carriers or suppliers, or other causes beyond its control whether
or not similar to the foregoing.
22. Notices
All
notices, requests, demands and other communications required or permitted under
this agreement shall be deemed to have been duly made and received when
personally served, or when mailed by first class mail. Except as explicitly
stated otherwise, and notices to TORONTO VETTES shall be given by postal
mail to
TORONTO
VETTES
253 Queen Street West
Toronto, Ontario
M5V 1Z4
Canada
23. Language
The
parties hereto have requested that this Agreement be drafted in the English
language. Les parties aux presentes ont exige que le prsentes contrat soit
redige en langue anglaise.
24.
Endorsement
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