THESE WEBSITE TERMS AND CONDITIONS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE.
Last Update: November, 2016
USE AND RESTRICTIONS
Except as otherwise provided herein, you must not, directly or indirectly, print, copy, reproduce, save onto your own computer, modify, translate, merge with other data, frame in another website, post on another website, or otherwise use the Content for any public, commercial or non-personal purpose. You must not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense the Content to another individual or entity.
The Website and the Content are made available to you for informational purposes only and are not intended to be a substitute for professional advice, assessment and evaluation. The Website and the Content should not be relied upon as the sole basis for making a business decision and are not intended to provide specific legal, financial or tax advice.
Freestyle Canada and its licensors, licensees, affiliates or subsidiaries and each of their respective directors, officers, employees and agents are not responsible or liable, directly or indirectly, in any way for the accuracy, relevancy, completeness or timeliness of the Content. You agree that all risk associated with your use of, or reliance on, any Content rests with you. You further agree that Freestyle Canada and its licensees, affiliates or subsidiaries and each of their respective directors, officers, employees and agents shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any Content.
INTELLECTUAL PROPERTY RIGHTS
The Website and all of the Content (including the organization and layout of the Website and all software used in connection with the Website) are, and at all times remain, the property of Freestyle Canada. The Website and all of the Content are protected by intellectual property rights owned by Freestyle Canada. You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content. Note that any Content not owned by Freestyle Canada may be subject to additional restrictions. Certain names, graphics, logos, icons, designs, words, titles and phrases on the Website constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of Freestyle Canada (the “Freestyle Canada IP”) or of third parties (the “Third Party IP”). At all times Freestyle Canada remains the sole owner of the Freestyle Canada IP. The display of the Content, the Freestyle Canada IP and the Third Party IP on the Website does not convey or create any licence or other rights in any of the Content, the Freestyle Canada IP or the Third Party IP. You acknowledge and agree that you do not acquire:
ANY OWNERSHIP RIGHTS IN ANY OF THE CONTENT, THE FREESTYLE CANADA IP OR THE THIRD PARTY IP;
- any right to use any of the Content, the Freestyle Canada IP or the Third Party IP for non-internal commercial purposes including sale, resale, licence or sublicense; or
- any right to reproduce, distribute, display, post, disseminate, publish, broadcast, or transfer any of the Content, the Freestyle Canada IP or the Third Party IP, except as explicitly provided in this Agreement.
Use of any of the Content, the Freestyle Canada IP or the Third Party IP, without the prior written consent of Freestyle Canada, or the applicable licensee, employee or third party, is strictly prohibited. Third Party Websites and Content Linked to the Website The Website may contain links to third party websites or content posted on third party websites (the “Links”). Freestyle Canada provides the Links only as a convenience to help you identify and locate other Internet resources that may be of interest. You acknowledge that in providing the Links, Freestyle Canada:
- does not endorse any third party website or content accessible via the Links;
- does not act as an editor, publisher or disseminator of any content accessible via the Links and does not control or monitor any third party website;
- does not make any representation or warranty of any kind regarding the Links;
- is not responsible, directly or indirectly, in any way for the accuracy, relevancy, completeness, timeliness or legality of any content accessible via the Links; and
- is not responsible, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any of the Links.
You agree that you are solely responsible for:
TAKING ALL PROTECTIVE MEASURES TO GUARD AGAINST VIRUSES AND OTHER DESTRUCTIVE ELEMENTS;
- abiding by the terms and conditions of use and the privacy policies posted at the third party websites; and
- evaluating the content accessible via the Links and bearing all risks associated with your use of, and reliance on, any such content.
Links to the Website on Third Party Websites If you want to include a link to the Website on your website (the “Third Party Link”), you must:
- provide Freestyle Canada with prior written notice describing the nature and features of your website and the proposed appearance and location of the Third Party Link; and
- obtain the prior written consent of Freestyle Canada to establish the Third Party Link and abide by any terms and conditions required by Freestyle Canada as part of its consent.
Freestyle Canada may at any time, in its sole and absolute discretion, revoke its consent to establish a Third Party Link, with or without cause, upon reasonable notice to you. Upon exercise of this right by Freestyle Canada, you must immediately remove all of your links to the Website and must cease all use of the Freestyle Canada IP. If you refuse or neglect to remove all of your links to the Website or to cease using the Freestyle Canada IP, you acknowledge that such refusal or neglect will result in immediate and irreparable damage to Freestyle Canada and that Freestyle Canada shall be entitled to relief in the way of temporary and permanent injunctions and such other and further relief as a court may deem just and proper. Freestyle Canada is not responsible or liable, directly or indirectly, in any way for any content available on a third party website that has established a link to the Website. Registration, Account and Password Certain Content on the Website may require registration or subscription. Should you choose to register or subscribe for any such Content, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for:
- maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription process; and
- all activities that occur under your account or password.
You further agree to:
- notify Freestyle Canada immediately of any unauthorized use of your password or account; and
- ensure that you log out of your account and close your browser window upon completing your use of the Website.
- The Content and the Links are provided for informational purposes only.
- The Website, the Contents and the Links are provided on an “as is” and “as available” basis.
- Any use of, or reliance on, the Website, the Contents and/or the Links is at your sole risk.
- Freestyle Canada AND ITS LICENSORS, LICENSEES, AFFILIATES OR SUBSIDIARIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS DO NOT MAKE ANY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE CONTENT AND/OR THE LINKS INCLUDING, WITHOUT LIMITATION:
- WARRANTIES OR CONDITIONS OF TITLE AND NON-INFRINGEMENT;
- IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND SUITABILITY FOR A PARTICULAR PURPOSE;
- WARRANTIES OR CONDITIONS THAT THE CONTENT WILL BE USEFUL OR MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE CONTENT WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF DEFECTS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE WEBSITE WILL BE COMPLETE, ACCURATE OR RELIABLE;
- WARRANTIES OR CONDITIONS AS TO PRIVACY OR SECURITY; AND
- WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, WITH RESPECT TO THE WEBSITE, THE CONTENT OR THE LINKS.
- You are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal.
Indemnity You agree to defend, indemnify and hold harmless each of Freestyle Canada, its licensors, licensees, affiliates, subsidiaries and each of their respective directors, officers, employees, and agents, including all third parties mentioned on the Website, from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to, or alleged to result from or relate to:
- your access to, use of or reliance on the Website and/or any of the Content, and/or any of the Links; or
- your communications or dealings with any third parties mentioned on the Website.
Changes to the Website Freestyle Canada may, at any time without notice or liability, and for any reason whatsoever, change, suspend or terminate any aspect of the Website including, without limitation, any of the Content and any of the Links. Freestyle Canada reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice or liability, but does not have a duty to do so. Choice of Law You agree that all matters relating to the use of the Website, including without limitation, any of the Content and/or any of the Links shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without reference to conflict of law principles. Freestyle Canada and you each agree to submit to the exclusive jurisdiction of the courts of the Province of British Columbia and to waive any objections based upon venue. Arbitration Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise and whether pre-existing, present or future) (a “Claim”) arising out of or relating to:
- the use of the Website; or
- oral or written statements, or advertisements or promotions relating to the Website,
- your use of, or access to, the Website including, without limitation, any of the Content and/or any of the Links; or
- any of your registrations or subscriptions with the Website.
You further agree that Freestyle Canada will not be liable to you or any other person as a result of such suspension or termination.