1. Your Use of This Website
The Materials included on this site are provided for convenience and informational purposes. CWC grants you a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display on your computer, print, download and use the Website for informational purposes only and solely for your own personal or internal company use. Except as otherwise expressly stated, no other use is permitted. Without limiting the generality of the foregoing, you may not use the Website to infringe the rights of, restrict or inhibit anyone else’s use or enjoyment of the Website, disseminate any unlawful or objectionable material, obtain unauthorized access to or interfere with CWC’s computer systems, or otherwise breach applicable laws or regulations. Accessing the Website from locations where its content is illegal is prohibited. Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws.
2. Intellectual Property
CWC claims no ownership or control over any content including any and all trademarks, logos, designs, photos, information and material in text, graphical, video and audio forms, images, reports, articles, data, databases, charts, graphics, interfaces, and other content submitted, posted or displayed by you on or through the Website (the “User Content”). You or a third party licensor, as the case may be, retain all rights to any User Content you submit, post or display on or through the Website and you are responsible for protecting those rights.
The Website is provided “as is” and “as available”. Your use of the Website is at your own risk, and you acknowledge that you are solely responsible for actions and communications undertaken or transmitted by you in the course of your usage of this Website. The Website is not guaranteed to be error-free or uninterrupted. CWC assumes no responsibility and provides no warranties, representations, guarantees, covenants or conditions, express or implied (either in fact or by operation of law) or statutory, including, without limitation, with respect to the quality, accuracy, reliability, currency, truth, completeness, merchantability, merchantable quality, fitness for a particular purpose, non-infringement, or continued availability of the Website.
The Website may provide, or third parties may provide, links to other websites or resources. Because CWC has no control over such sites and resources, you acknowledge and agree that CWC is not responsible for the availability of such external sites or resources, and that CWC does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that CWC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such external site or resource. 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.
4. Inbound Links
CWC welcomes links to this Website. However, you agree that if you want to link to this Website your website shall not:
- create frames around any part of this Website or use other techniques that alter the visual presentation of this Site;
- imply that CWC is endorsing you or any other person, or your or such other person’s products or services;
- imply an affiliation between you or any other person, or your or such other person’s products or services, and CWC without the prior written consent of CWC;
- misrepresent the relationship between you or any other person and CWC or present false, misleading or otherwise damaging information or impressions about CWC or any of its products or services; or
- contain materials that may be interpreted as distasteful, harmful, offensive, infringing or inaccurate.
5. No Advice
The Website and its content are for informational or demonstrative purposes only. The Website and its content are not intended to be a comprehensive or detailed statement concerning the matters addressed and may not be relied upon as professional advice or a substitute for such advice. You are responsible for obtaining appropriate advice from qualified external sources prior to acting upon any information available at or through this Website.
6. Restricted Areas
Certain areas of this Website may be accessed only by use of a unique user identification and password. If you are provided with or submit a password, you are responsible for ensuring that your user identification and password are not disclosed to or used by any other person. CWC is under no obligation to verify the actual identity or authority of any person using the unique user identification and password to access and/or use this Website or any part thereof. You are fully responsible for all activities that occur under your user identification or password, and release CWC from and indemnify CWC against all claims, proceedings, liabilities, obligations and costs resulting directly or indirectly from the use of your identification or password by any other person. You must immediately notify CWC at [email protected] if you know or suspect any unauthorized use of your user identification or password.
For the purposes of accessing any feature or portion of this Website requiring the use of a user identification and/or password, the user identification and password remain the property of CWC and CWC may deny access to or use of the Website or any part thereof, or may cancel or suspend the user identification and password at any time in CWC’s sole discretion, without any notice or liability to you or any other person.
8. Limitation of Liability
IN NO EVENT WILL CWC, ITS AFFILIATES OR SERVICE PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND EXEMPLARY DAMAGES OR LOSSES, HOWSOEVER CAUSED, ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ACCESS TO AND USE OF THE WEBSITE OR ANY PART THEREOF, OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, OR RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS, LINKS TO THIRD-PARTY WEBSITES, THIRD-PARTY CONTENT, USER CONTENT, PRODUCTS OR SERVICES, THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT UNDER ANY THEORY OF LIABILITY (WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BCWCS, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING AND FUNDAMENTAL BREACH BY CWC OR ANY PERSON FOR WHOM CWC IS RESPONSIBLE EVEN IF CWC OR ITS AFFILIATES OR SERVICE PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
You agree to indemnify, defend and hold CWC, its affiliates, and service providers, and their respective agents, directors, officers, employees, service providers, and suppliers (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liabilities, losses and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with Your use of the Website, Your violation or infringement of the rights of others, and/or Your use of the Website in breach of this Agreement. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defense of any such claim or demand.
Advice and information provided by CWC or its representatives, or through the Website, whether oral or written, will not create any representation, warranty or condition or vary or amend this agreement, including the above disclaimers, liability exclusions, liability limitations, release and indemnity provisions, and you may not rely upon any such advice or information. The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you. The disclaimer(s), liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive the termination of this Agreement.
10. Termination of this Agreement
If you breach any provision of this Agreement, CWC may prohibit you from accessing or using the Website or any portion thereof. CWC may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Website and/or any part thereof, including i) changing the availability of, restricted access to, or imposing limits on any or all features or services on, or links to, the Website; ii) removing, adding, modifying or otherwise changing any content on the Website. CWC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice, but confirms that it has no obligation to do so.
You hereby release, remise and forever discharge CWC, its affiliates and their respective agents, directors, officers, employees, service providers, and suppliers from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Website.
12. Governing Law
This Agreement, your use of the Website, and all related matters are governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between CWC and you or any other person arising from, in connection with or relating to the Website, this Agreement, or any related matters must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Ottawa, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute. Any claim or cause of action you may have arising from, in connection with, or relating to your use of the Website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in Ottawa, Ontario, Canada within one (1) year after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
CWC and the CWC logo are registered trade-marks and trade-names owned by CWC. Other product and company names and logos appearing on the Website may be registered and unregistered trade-marks, service-marks or trade-names of their respective owners. Any use of the trade-marks, service-marks, trade-names and logos (collectively the “Marks”) displayed on the Website, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Website.
14. Other Matters
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties. CWC will not accept transactions or instructions by Internet email messages. However, questions of a general nature or inquiries may be communicated by email. Any communication transmitted to CWC by electronic mail shall become the property of CWC or its affiliates and may be used for any purpose. CWC shall be free to use any idea contained in any communication sent to CWC for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information.
This Agreement as amended from time to time by CWC constitutes the entire agreement between you and CWC relating to your use of the Website and supersedes all previous agreements, written, oral or otherwise, between you and CWC with respect to your use of the Website.
The provisions of this Agreement will ensure to the benefit of and be binding upon CWC and its service providers and their respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express written consent of CWC, which may be withheld in CWC’s sole discretion. CWC and its service providers may assign this Agreement and their respective rights and obligations under this agreement without your consent.
15. Contact Use