Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY WEBSITE SERVICES PROVIDED TO YOU BY WESTISLANDGAZETTE.COM AS THEY CONTAIN BINDING LEGAL TERMS AND OBLIGATIONS INCLUDING LIMITATIONS OF WESTISLANDGAZETTE.COM’S LIABILITY AND DISCLAIMERS.
1. ACCEPTANCE OF TERMS
2. YOUR REGISTRATION OBLIGATIONS
3. westislandgazette.com PRIVACY STATEMENT
4. USER CONDUCT
5. SUBMITTED/UPLOADED CONTENT
6. FORUMS AND CHAT ROOMS
7. RESPONSIBILITY FOR MINORS
8. RESTRICTIONS ON RE-USE, RE-SALE OF SERVICES
9. COMMERCIAL USE
10. ACCESS AND INTERFERENCE
13. GENERAL PRACTICES REGARDING USE AND STORAGE
14. MODIFICATIONS TO SERVICE (OTHER THAN PAID SERVICES)
16. CONTENT LINKED TO A WESTISLANDGAZETTE.COM SITE
17. DISCLAIMER OF WARRANTIES
18. LIMITATION OF LIABILITY
19. EXCLUSIONS AND LIMITATIONS
20. PROFESSIONAL INFORMATION DISCLAIMER
21. MEDICAL/HEALTH INFORMATION DISCLAIMER
22. FINANCIAL INFORMATION DISCLAIMER
23. SEARCH CONTENT DISCLAIMER
24. THIRD PARTY DEALINGS & ONLINE SALES DISCLAIMER
26. GOVERNING LAW/JURISDICTIONAL ISSUES
27. ARBITRATION AND ACTIONS
1. Acceptance of Terms.
All website services provided to you by The Gazette, a division of Postmedia Network Inc., and any of its respective affiliates, related companies, unaffiliated partners and/or licensors (together herein referred to as “westislandgazette.com” or “we”) are provided to you subject to the following terms and conditions of service. By using the westislandgazette.com website (the “Site” ) or any products, content or other services available on the Site (each a “Service” and collectively, the “Services”), including Services offered on a payment basis (each a “Paid Service” and collectively, “Paid Services”), you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with the Site or Service (collectively the “Terms and Conditions”), all as may be modified by westislandgazette.com in accordance with these Terms and Conditions. These Terms and Conditions, along with any modifications or additional or alternate terms or conditions referred to, including those related to your agreement to use a Paid Service (a “Paid Services Agreement”), shall be the entire agreement between you and the Site and any prior communications between you and the Site (including, for example, e-mails) do not form part of these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use the Site or any of the Services.
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (such information being the “Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) agree to pay all fees, including applicable taxes, incurred in connection with your use of any Paid Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). During registration, you will be asked to provide an e-mail address and to create your own password. The e-mail address will become your user identification (“User ID”).You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify westislandgazette.com of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. westislandgazette.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. Privacy Statement
Registration Data and certain other personal information about you is subject to our Privacy Statement < http://www.canada.com/aboutus/privacy.html>. You agree that westislandgazette.com has the right, but not the obligation, to monitor the westislandgazette.com Sites and the Services electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the westislandgazette.com Site or any of the Services properly, or to protect itself or its users in accordance with the Privacy Statement and applicable privacy legislation. You acknowledge that in the event that a third party service provider is located in the United States or another foreign country, your personal information may be processed and stored in the United States or such other foreign country, and the governments, courts or law enforcement or regulatory agencies of that country may be able to obtain disclosure of your personal information through the laws of the foreign country. Whenever we engage a third party service provider to do work for us, we confirm that its privacy and security standards meet our requirements. You acknowledge and agree that this paragraph constitutes prior written notice to you of, and your consent to the collection, use and disclosure of your personal information as described above.
All information, data, text, software, music (including both the particular performance(s) and the underlying musical composition) sound, photographs, graphics, images, avatars, video, messages, ideas, reviews, opinions, suggestions or other materials on a westislandgazette.com Site (“Content”), submitted by a user, whether publicly or privately posted, e-mailed, transmitted, uploaded or otherwise submitted to westislandgazette.com, (the “Submitter Content”) is the sole responsibility of the person from which such Submitter Content originated and any such post, e-mail, transmission, uploading or other submission of such Submitter Content is subject to the Submission Release Terms and Conditions referred to in Section 5 below. In addition to agreeing to the terms of the License, Release and Waiver (discussed in Section 5 below), you also acknowledge and agree that you, and not westislandgazette.com, are entirely responsible for all Submitter Content that you post, e-mail, transmit, upload or otherwise submit via westislandgazette.com Sites and/or pursuant to the Services. Westislandgazette.com does not control the Submitter Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site or any Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will westislandgazette.com be liable in any way for any loss, damage or injury related to, or arising as a result of, any Content (including Submitter Content), including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Submitter Content posted, e-mailed, transmitted, uploaded or otherwise submitted to the Site. You agree to not use any Service to post, e-mail, transmit, upload or otherwise submit any Submitter Content that: (a) is offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) could be harmful to minors; (c) harasses or advocates harassment of another person; (d) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; (e) promotes information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, promoting an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (g) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (h) displays pornographic or sexually explicit material of any kind; (i) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; (j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (k) solicits passwords or personal information for commercial or unlawful purposes from other users; (l) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information ); (m) engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, and pyramid schemes; and (n) contains or will contain any disabling mechanism or protection feature designed to prevent its use, including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable the Content, any Services or the Site and any world wide web pages or any operating system software or hardware on which such Content, Service or westislandgazette.com Site is operated or displayed except as specifically designed into the Content. Westislandgazette.com and its designees shall have the right to remove any Submitter Content that violates these Terms and Conditions, or is otherwise objectionable as determined by westislandgazette.com in our sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that westislandgazette.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any legal process or requirement; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the goodwill, rights, property, or personal safety of westislandgazette.com, other users of the Site and/or the public.
5. Submitter/Uploaded Content
As a precondition to being permitted to provide any Submitter Content, you will be required to complete a westislandgazette.com User Membership Application Form http://www.westislandgazette.com/user/register > and, in particular, you will agree to the terms of the License, Release and Waiver incorporated therein. You agree that by posting, e-mailing, transmitting, uploading or otherwise submitting any Submitter Content to any content-generating or submitting Service on the Site including, without limitation, to any chat-room, forum, literary and/or dramatic content upload Service, music upload Service, reporting/blogging Service, criticism, review or opinion upload Service, or any image, photograph or other visual art-form upload Service, you agree to the License, Release and Waiver hereby incorporated by reference into these Terms and Conditions. PLEASE READ THE APPLICABLE USER MEMBERSHIP APPLICATION FORM AND TS LICENSE, RELEASE AND WAIVER BEFORE POSTING, E-MAILING, TRANSMITTING, UPLOADING OR OTHERWISE SUBMITTING ANY CONTENT WHATSOEVER TO THE SITE OR ANY SERVICE. ANY SUCH POSTING, E-MAILING, TRANSMITTING, UPLOADING OR OTHER SUBMISSION OF CONTENT TO THE SITE OR ANY SERVICE WILL INDICATE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE LICENSE, RELEASE AND WAIVER. WITHOUT LIMITING THE GENERALITY OF THE LICENSE, RELEASE AND WAIVER, UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY SUBMITTER CONTENT OR RELATED MATERIAL TO WESTISLANDGAZETTE.COM BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING SUBMITTER CONTENT OR ANY RELATED MATERIAL TO WESTISLANDGAZETTE.COM, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMITTER CONTENT OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO WESTISLANDGAZETTE.COM THAT THE SUBMITTER CONTENT (AND ALL PARTS OF IT) OR ANY RELATED MATERIAL ARE WHOLLY YOUR ORIGINAL CREATIONS, THAT NO ONE ELSE HAS ANY RIGHTS IN THE SUBMITTER CONTENT OR ANY RELATED MATERIAL AND THAT WESTISLANDGAZETTE.COM IS FREE TO IMPLEMENT, PUBLISH, DISTRIBUTE, REPRODUCE, COMMUNICATE (AND AUTHORIZE THE COMMUNICATION OF), TRANSMIT, MODIFY AND OTHERWISE EXPLOIT THE SUBMITTER CONTENT (INCLUDING ANY IDEA AND/OR SUGGESTION CONTAINED THEREIN) AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY WESTISLANDGAZETTE.COM, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
6. Forums and Chat Rooms
When participating in a forum or chat room, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. We shall not be responsible for the content or accuracy of any Submitter Content, and will not be responsible for any reliance or decisions made based on such Content. When using the Site, including any forum or chat room, you may not post, transmit, link to, or otherwise distribute any information, materials or content that does not generally pertain to the designated topic or theme of the particular forum or chat room. Use of a forum or chat room for commercial purposes of any kind is strictly prohibited. Please note that westislandgazette.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions. Use of and/or participation in connection with any forum, chat room or message board shall indicate your acceptance of these Terms and Conditions.
7. Responsibility for Minors
In cases where you have authorized or permitted a minor to use the Site or any of the Services, 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 the Site or any of the Services; and (iii) the consequences of any misuse of the Site or any Contents by the minor. You acknowledge that some of the areas of the Site may contain Content that is inappropriate for minors. You acknowledge that westislandgazette.com has no obligation to monitor the Services or any Content contained on the Site.
8. Restrictions on Re-use, Re-sale of Services
All Content available on thewestislandgazette.com Site, including the manner in which such Content is presented, and the Services are: Copyright 2008 Postmedia Network Inc., its affiliates, related companies, unaffiliated partners and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. westislandgazette.com grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the Site or any of the Services, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the respective copyright owner of such Content. Your entry or participation in any contest, sweepstakes, promotion or other similar offering on the Site (each, a “Contest”) shall also be subject to and governed by the specific rules and regulations in respect of that Contest.
9. Commercial Use
No bulletin board, forum, chat room or other areas of the Site may be used by you for any commercial purposes such as to conduct sales of goods and services of any kind. You must obtain our prior written consent to make commercial offers of any kind through the Site or the Services, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other web sites for any commercial purpose whatsoever. We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to the Site by any user known or reasonably believed to be utilizing automated means to process commercial uses (including any sale of goods and services).
10. Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy any pages of the Site or the Content contained thereon or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not engage in any activity that causes an unreasonable or disproportionately large load on our infrastructure, as determined by us. You agree that you will not access, reload or “refresh” pages contained on the Site, or make any other request to transactional servers, more than once during any three second interval.
Certain Services may allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the “Software”). The Software is made available to you by westislandgazette.com or third parties subject to these Terms and Conditions and any additional terms and conditions made available to you during the software installation process. You agree that the Software is licensed to you by westislandgazette.com or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that westislandgazette.com or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that westislandgazette.com, including its suppliers and licensors, 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, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications. The Site and/or Services and software derived from the Site and/or Services may be further subject to certain Canadian and United States export controls. To the full extent permissible in compliance with Canadian law, no software from the Site or any Service may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country prohibited by such export controls or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Site, Services or any Software, you acknowledge that it is your responsibility to determine the applicability of and the compliance with, any export controls and you hereby represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list referred to above in respect of any applicable export control.
You agree to defend, indemnify and hold harmless each of westislandgazette.com, its affiliates, licensors and suppliers, and each of their respective officers, directors, employees and agents, including all third parties mentioned on the westislandgazette.com 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 (including any Terms and Conditions incorporated by reference) or any Paid Services Agreement; (b) your access to or use of the Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
13. General Practices Regarding Use and Storage
You acknowledge that westislandgazette.com may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Submitter Content will be retained by the westislandgazette.com Site, the maximum disk space that will be allotted on our servers or those of our agents for any Content, and the maximum number of times (and the maximum duration for which) you may access the Site or the Services in a given period of time. You agree that westislandgazette.com has no responsibility or liability for the deletion or failure to store any Content or messages and other communications, including any Submitter Content maintained or transmitted on or by the Site or any Service. You further acknowledge that, in relation to free services, westislandgazette.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
14. Modifications to Service (Other than Paid Services)
For users of the Site and/or any Services, other than Paid Services, westislandgazette.com reserves the right, in its sole discretion, at any time and from time to time to modify these Terms and Conditions and discontinue, temporarily or permanently, the Site or Services (or any part of such Site or Services) with or without notice. You agree that any modification or discontinuance of the Site or any Services may be effected without prior notice, and acknowledge and agree that in connection with any such modification or discontinuance, westislandgazette.com may immediately deactivate or delete your account and all related information and files in your account (including any Registration Data). You further agree that westislandgazette.com shall not be liable to you or to any other person as a result of any such modification or discontinuance for any reason whatsoever. Your continued use of the Site or any Service is deemed to constitute your acceptance of those changes. For users of Paid Services, modifications of your Services and these Terms and Conditions are governed by your Paid Services Agreement, including all relevant provisions of these Terms and Conditions.
You agree that westislandgazette.com, in its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the Site or Services, and remove and discard any Submitter Content within the Service at its convenience, or for any reason in its sole discretion, including, without limitation, for any editorial reason, for lack of use or if westislandgazette.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. We may also in our sole discretion and at any time discontinue providing the Site or Services, or any parts of the Site or Services, including Paid Services, with or without notice. You agree that any suspension and/or termination of your access to the Site or Services may be effected without prior notice, and acknowledge and agree that westislandgazette.com may immediately deactivate or delete your account and all related information and files in your account (including any Registration Data) and/or bar any further access to such files or the Services. You further agree that westislandgazette.com 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 Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of westislandgazette.com in operating the Site or any of the Services, your sole and exclusive remedy is to discontinue using the Site or Services in question.
16. Content Linked to the Site
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SITE OR ANY SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WESTISLANDGAZETTE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WESTISLANDGAZETTE.COM MAKES NO WARRANTY THAT (i) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WESTISLANDGAZETTE.COM, THE SITE OR THROUGH OR FROM ANY SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WESTISLANDGAZETTE.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WESTISLANDGAZETTE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT WESTISLANDGAZETTE.COM HAS ENTERED INTO THIS AGREEMENT, AND HAS AND WILL MAKE THE SITE, SERVICES AND CONTENT AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND WESTISLANDGAZETTE.COM. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY OR TERMINATION OF THIS AGREEMENT.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
20. Professional Information Disclaimer
The Site may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (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 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 westislandgazette.com, including 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 such Professional Information.
21. Medical/Health Information Disclaimer
The Professional Information may contain health-related and medical-related information (including any facts, views, opinions, recommendations, descriptions of, or references to, products, services and medications). Such health-related and medical-related information made available by westislandgazette.com, through the Site or any of the Services is: (a) for informational purposes only; (b) not to be used or construed as a substitute for professional medical advice, diagnosis, or treatment; (c) not intended as a recommendation or endorsement of any specific tests, products, procedures, opinions or any other information. Reliance on any health-related or medical-related Professional Information on, or accessible through, the Site or Services is solely at your own risk. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.
22. Financial Information Disclaimer
The Professional Information may contain financial information (including any facts, views, opinions, recommendations, descriptions of, or references to, products or securities). Such financial information made available by westislandgazette.com, through the Site or any of the Services is: (a) for informational purposes only; (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by westislandgazette.com; and (c) not necessarily reflective of the views or policy of westislandgazette.com, including the publisher, contributors and staff of, and advertisers on, the Site. You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as investment advice by westislandgazette.com. You should apply your own judgment in making any use of any financial information, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions. PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. WESTISLANDGAZETTE.COM DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATION SOURCE. You acknowledge that westislandgazette.com may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through the Site. The views and opinions expressed on the Site are not intended to constitute a description of securities bought, sold, or held on behalf of westislandgazette.com nor an indication by westislandgazette.com of any intention to buy, sell, or hold any security.
23. Search Content Disclaimer
Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works, search results, listings (paid or free) and/or the arrangement thereof and any other works (the “Multimedia Content”) located through the Site’s search services are protected by copyright and/or other intellectual property laws. westislandgazette.com does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the Site, all of the Multimedia Content contained on such sites is owned and served by entities other than westislandgazette.com. westislandgazette.com provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through the Site’s search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.
24. Third Party Dealings & Online Sales Disclaimer
You acknowledge that some of the services accessible on the Site are provided by third parties, including but not limited to Submitter Content, Professional Information, newsletters and surveys. You acknowledge and agree that westislandgazette.com shall have no responsibility for, or liability with respect to, any such third party content. Further, you acknowledge that in dealings with third parties, westislandgazette.com is not the seller or provider and your agreement of purchase or for services with such third party is between you and the third party, and not westislandgazette.com. westislandgazette.com assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. The responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours and/or the third party’s alone. You agree that westislandgazette.com 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. You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the westislandgazette.com Site or any of the Services, including 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.
WESTISLANDGAZETTE.COM, the Site design, the newspaper mastheads and other newspaper trademarks and design marks, broadcasting service-related trademarks and design marks, service names and associated designs are trademarks and registered trademarks of Postmedia Network Inc., National Post Inc. and/or their affiliates or related companies (collectively, the “Postmedia Marks”). All other product, brand and company names and logos used or mentioned on the westislandgazette.com Site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on the Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
26. Governing Law/Jurisdictional Issues
Except for third party sites and services independently operated and accessed through the westislandgazette.com Site, the westislandgazette.com Site and Services are controlled, operated and administered by westislandgazette.com from its offices within Canada. westislandgazette.com makes no representation or warranty that the westislandgazette.com Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access the westislandgazette.com Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a westislandgazette.com Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, and the federal laws of Canada applicable therein, without reference to its conflict of laws principles. 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 the Federal Courts situate therein, and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
27. Arbitration and Actions
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of the Site or Service (including Paid Services) or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) 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. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
These Terms and Conditions and, where applicable, the specific terms of a Paid Services Agreement, constitute the entire agreement between westislandgazette.com and you pertaining to your use of the Site and Services and, except as specifically set forth herein, supersede any prior agreements between you and westislandgazette.com relating to the westislandgazette.com Site and Services. westislandgazette.com may assign these Terms and Conditions, in whole or in part, at any time. Westislandgazette.com’s failure to insist upon or enforce strict performance of any right or provision of the 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 the 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. The parties have required that the 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 (Version française). In the event of a conflict between the English and French version of these terms, the English version shall prevail.