YOU MAY NOT DISTRIBUTE YOUR USER NAME AND PASSWORD, ALLOWING OTHERS TO USE THE SERVICE THROUGH YOUR MEMBERSHIP. THIS SERVICE IS INTENDED FOR YOUR PERSONAL USE ONLY.
THE USE OF THE SERVICE IS TO BE DONE AT YOUR OWN RISK!
The Owner, or You, may terminate this agreement at any time, for any reason whatsoever, effective upon sending written notice to the other party. If you send a notice of termination, your membership shall concurrently terminate, without obligation of any kind on the part of the Owner. The Owner does however reserve the right to suspend or terminate your membership at any time, without notice, if you breach this Agreement or any other terms and conditions posted on the Site from time to time.
The Owner assumes no responsibility whatsoever for your use of the Service. It is for your sole, personal use and you may not distribute your user name
and password allowing others to use the service through your membership.
The Owner assumes no responsibility whatsoever for your use of the Service. The Owner is not responsible for the conduct, whether online or offline, of any user or Member of the Site.
As a member, you agree that:
You will only use the Service in a manner that is accepted and legal according to all applicable laws and regulations.
You will not in any way copy, modify, publish, transmit, display, sell, distribute, or reproduce copyrighted material, trademarks, or other protected proprietary information without the express written consent of the owner of such materials.
By posting information or content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant the Owner an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
You will not communicate, publish, or display to any other person, through the Service, any form of defamatory, slanderous, libelous, offensive, inaccurate, abusive, profane, obscene, sexually offensive, threatening, harassing, racist, bigoted, hateful, or illegal material, or any other type of unlawful or unacceptable material, as decided by the Owner. The Owner reserves the right to remove any such material from the Service without notice.
Organizations, companies, and/or businesses may not become members and should not use the Service or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, forwarding commercial or other offers to Members by this Site or by email or other means external to the Site, and unauthorized framing of the Site will be investigated, and appropriate legal action will be taken, including (without limitation) civil, criminal, and injunctive redress.
In order to protect our Members from improper advertising or solicitation, and to maintain usage integrity on the Site, The Owner reserves the right to restrict access by all Members to all or certain elements of the Service on a per-action basis (messaging or otherwise), such levels to be determined in our sole discretion from time to time, whether determined in respect of a 24-hour period or otherwise.
You agree that the Owner reserves the right to change any of the terms, rights, obligations, or privileges, and institute new charges for access to or continued use of Services at any time, with or without providing such notice, as the Owner may determine appropriate. All changes will be posted online or may be emailed to you at the Owner's discretion, and you are responsible for reviewing the information and terms of usage as may be posted regularly, to obtain timely notice of such changes. Continued use of the Services or non-termination of your membership after changes are posted or emailed constitutes your acceptance or deemed acceptance of the terms as modified, regardless of whether the notice or email was successfully received, read, or lost during transmission. You will defend, indemnify, and hold harmless the Owner as the provider of the Site infrastructure, their officers, directors, employees, agents, affiliates and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of the Site or Service, including any breach by you of the Terms of this Agreement and our Email, Acceptable Usage, Privacy, and other terms and conditions posted on the Site from time to time.
THE OWNER RESERVES THE RIGHT, BUT HAS NO OBLIGATION, WHETHER ON THE BASIS OF COMPLAINTS OR ON ITS OWN INITIATIVE, TO MONITOR OR REVIEW ANY CONTENT OF ANY MESSAGES OR RESPONSES, USAGE, ACTIVITY, MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE, OR OTHER INTERCHANGES WHICH ARE OTHERWISE POSTED, SENT, OR TRANSMITTED VIA THE SERVICE. THE OWNER SHALL HAVE THE RIGHT IN ITS SOLE DISCRETION TO REMOVE ANY MATERIAL, REGARDLESS OF WHETHER THE OWNER DETERMINES THAT SUCH MATERIALS VIOLATE, OR ARE ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT.
NOTWITHSTANDING THE FOREGOING, THE OWNER DOES NOT UNDERTAKE TO MONITOR, CONTROL, OR EDIT ANY COMMUNICATIONS BETWEEN ITS USERS, AND SUCH COMMUNICATIONS MAY BE OFFENSIVE TO YOU. YOU ASSUME FULL RESPONSIBILITY AND YOU ASSUME ALL RISK FOR THE USE OF THE SERVICES, AND YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, COMMUNICATIONS, AND OTHER INFORMATION RECEIVED BY YOU. ALL COMMUNICATIONS BETWEEN USERS ARE AT THE USERS' SOLE CONTROL AND RISK.
IN NO EVENT WILL THE OWNER OR ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY DEATHS, THREATS, TORTS, OR INJURIES COMMITTED BY ANY OTHER PERSONS THROUGH THE SERVICE, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF SERVICE INTERRUPTIONS, OR PROCUREMENT OF SUBSTITUTE SERVICES) DIRECTLY OR INDIRECTLY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF THE OWNER OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY TO YOU BY THE OWNER OR ITS AFFILIATES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
UNDER NO CIRCUMSTANCES WILL THE OWNER OR ITS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICE, YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS. NEITHER THE OWNER NOR ITS AFFILIATES GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION SENT THROUGH THE SERVICE, AND NEITHER ADOPTS, NOR ENDORSES, NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ALL COMMUNICATION WITH THE OWNER OR ITS AFFILIATES OR OUR REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. THE OWNER AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER THE OWNER NOR ITS AFFILIATES WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.
THE OWNER AND ITS AFFILIATES DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS") OF THE SITE OR SERVICE.
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability, so the above disclaimers of warranty and limitations of liability may not apply to you.
This Agreement as construed between the Owner and you is governed under the laws of the jurisdiction of incorporation of the Owner, regardless of conflicts of law principles. However, this Agreement as construed between the owner, its affiliates, and yourself shall be governed under the laws of Canada and the United States, regardless of conflicts of law principles. Any disputes or legal proceedings arising out of or relating to this Agreement shall, as they pertain to the Owner, at the Owners election be determined via arbitration in the jurisdiction of incorporation of the Owner (pursuant to the arbitration rules designated by the Owner), or in the courts of the jurisdiction of incorporation of the Owner.
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. The Parties agree that the performance of this Agreement, in all its aspects as it pertains to the Owner, its affiliates, and yourself, does not take place outside of the jurisdiction of Canada and the United States.
This Agreement, accepted upon registering for the Service, contains the entire Agreement regarding the use of the Service. This Agreement may be relied upon by the owner as noted above, and may only be amended as it pertains to the owner with the express consent of the owner. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
This document was last updated April 19, 2013.