THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING A Source Salba Inc. WEB-SITE.
Introduction
These terms and conditions (“Terms and Conditions”) apply to Source Salba Inc. (“SSI”) operated Internet site www.sourcesalba.com which reference these Terms and Conditions (the “SSI Site”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Your access or use of the SSI Site indicates your understanding of and agreement to be bound by these Terms and Conditions of use. If you do not agree to these Terms and Conditions of use, please do not use the SSI Site.
Please note that SSI reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions of use. Changes will be effective when posted on the SSI Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the SSI Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
Privacy
For information on how user information is collected, used and disclosed by us in connection with your use of the SSI Site and any of the services provided by SSI, please consult our
Registration, Accounts and Passwords
Certain of the services and related features that may be made available on the SSI Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, 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: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on the SSI Site and (b) all activities that occur under such password or account. Further, you agree to notify us of any unauthorized use of your password or account. SSI 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 failure to comply with this section.
Trademarks and Copyrights
All of the names, titles, logos, and designs on the SSI Site identifying our products and brands, including any derivative and related names, titles, logos and designs, are trade-marks and the sole and exclusive property of SSI. All other names, titles, logos and designs appearing on the SSI Site are the property of their respective owners. Any use of any trademarks appearing on the SSI Site without the express written consent of the owner of the trademark is strictly prohibited.
SSI Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the “Content”) and the entire contents of the SSI Site also are protected by copyright as a collective work and/or compilation under the Canadian copyright laws, international conventions and other copyright laws. SSI owns the copyright in the Content original to us and in our selection, coordination, arrangement and enhancement of the Content.
Responsibility for Minors
In cases where you have authorized a minor to use the SSI Site you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of such site or service; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the SSI Site may contain material that is inappropriate for minors.
Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE SSI SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT SSI MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) SSI SPECIFICALLY MAKES NO WARRANTIES THAT THE SSI SITE, INCLUDING WITHOUT LIMITATION ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SSI SITE WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICE(S) OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Professional Information Disclaimer
The SSI Site may make available certain information provided by third parties related to various professional fields (the “Professional Information”). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of the SSI Site does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and, therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that SSI, including without limitation its suppliers, 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 Professional Information.
Monitoring
You acknowledge that SSI has no obligation to monitor the SSI Site or any content accessible through the SSI Site. However, you agree that SSI has the right to monitor the SSI Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the SSI Site or to protect itself or its users and customers in accordance with the SSI Privacy Policy.
Content Linked To The SSI Site
Please exercise discretion while browsing the internet. The SSI Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under SSI’s control, and SSI is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. 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. Unless otherwise expressly provided, SSI makes no representation or warranty regarding, and does not endorse, any Linked Site or the information, products or services appearing thereon. Accordingly, you agree that SSI will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the SSI Site.
Dealing With Third Parties
You acknowledge and agree that your correspondence or business dealings with any third parties, including without limitation any merchants or advertisers, found on or through the SSI Site, including without limitation payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. SSI assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be your’s alone. You agree that SSI shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
Indemnification
You agree to defend, indemnify and hold harmless each of SSI, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the SSI Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of the SSI Site or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the SSI Site. You shall use your best efforts to cooperate with us in the defense of any claim. SSI reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SSI, INCLUDING WITHOUT LIMITATION ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SSI HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF THE SSI SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE SSI SITE OR ANY OF THE SERVICES.
You expressly acknowledge that SSI has entered into this agreement, and has or may make the SSI Site and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and SSI. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
Governing Law / Jurisdictional Issues
These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.
Arbitration and Actions
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Notwithstanding the foregoing, SSI reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Termination
You acknowledge and agree that SSI, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of or access to the SSI Site, and remove and discard any information or content related to the SSI Site for any reason, including where SSI believes that you have violated any of these Terms and Conditions. You further agree that SSI shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the SSI Site or with any terms, conditions, rules, policies, guidelines, or practices of SSI in operating the SSI Site, your sole and exclusive remedy is to discontinue using the SSI Site or service.
Submission Of Ideas and/or Suggestions
SSI is always improving its websites and services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, SSI would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO SSI (including but not limited to programming development ideas) BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO SSI, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO SSI THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT SSI IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY SSI, WITHOUT OBTAINING PERMISSION OR LICENSE FROM YOU OR ANY THIRD PARTY.
General Provisions
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between SSI and you pertaining to your use of the SSI Site and supersedes any prior agreements between you and SSI with respect to the subject matter hereof. SSI’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais. |
