1. Acceptance of Agreement
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trade marks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by a User of any such content or any part of the Site, except as allowed by Section 3, is strictly prohibited. The User does not acquire ownership rights to any content or document obtained through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Limited Right to Use
The viewing or downloading of any content, form or document grants the User only a limited, non-exclusive licence for use solely by the User for his or her own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the User's personal use (but not for resale or redistribution).
User agrees to indemnify, defend and hold Owner and its partners, solicitors, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable solicitor fees, related to a User's violation of this Agreement or use of the Site.
User's right to use the App is not transferable. Any password or right given to User to obtain access is not transferable.
(1) THE INFORMATION, FORMS AND AGREEMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE FORMS, AGREEMENTS AND DOCUMENTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OWNER AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR A USER'S USE OF ANY INFORMATION, FORM OR DOCUMENTS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, OWNER AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OWNER AND USER. THIS SITE AND THE INFORMATION, FORMS, AGREEMENTS AND DOCUMENTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
(2) The forms, agreements and documents within the Site or available through the Site may not be appropriate under the circumstances for any particular transaction. The specifics of a given situation may require provisions not contemplated in the forms or documents. Requirements for the validity of an agreement or form may also vary greatly from province to province. Laws change rapidly and may be interpreted differently in various jurisdictions. No representations, warranties or guarantees whatsoever are made as to the accuracy, currentness, completeness, adequacy, reliability, suitability or applicability of any form or document to a particular situation.
(3) Each form and document should be treated as a guide or starting point and should not be considered a substitute for professional legal analysis. The Site is provided and each form, agreement and document is licensed with the understanding and agreement that Owner and its Affiliated Parties are not engaged in rendering legal, accounting or other professional services. If legal or other expert assistance is required, the services of a competent professional should be sought. User assumes all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use of any form, agreement or document and for the selection of a form, agreement or document to achieve User's intended results.
(4) All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed.
8. Use of Information
9. Third Party Services
Owner may operate interactive transaction services allowing access to third party merchant sites ("Merchants") from which Owner users may purchase certain goods or services. User understands that Owner does not operate or control the products or services offered by any third party Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. Owner is not a party to the transactions entered into between Users and Merchants. User agrees that use of the Owner service is AT THE SOLE RISK OF USER AND IS WITHOUT WARRANTIES OF ANY KIND BY OWNER, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS OWNER LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN USERS AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THE OWNER SITE. OWNER WILL NOT BE LIABLE TO USERS FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE OWNER SERVICE.
10. Third Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to Users while on the Merchants' sites. Owner is not responsible for information provided by Users to Merchants. Merchant and Owner are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
This Agreement shall be treated as though it were executed and performed in the Province of British Columbia, Canada, and shall be governed by and construed in accordance with the laws of British Columbia (without regard to conflict of law principles). Any cause of action of User with respect to the Site (and/or information, forms and agreements, thereon) must be instituted within six months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 7. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in British Columbia. User expressly submits to the exclusive jurisdiction of said courts and consents to extra-
territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of Owner to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.