Please read these Terms and Conditions carefully before using this Site.
This web site (this "Site") is provided by PAL Canada Foundation ("PAL Canada"), conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By accessing, using, and/or downloading messages, information, data, text, software or images, or other materials from this Site (collectively, the "Materials"), and by sending messages, information, data, text, software or images, or other materials to the Site ("Content"), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you must discontinue your use of this Site immediately, including any download or use of Materials. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with PAL Canada. In case of inconsistency between these Terms and Conditions and any other agreement you may have with PAL Canada, the other agreement shall prevail, but only to the extent of the inconsistency.
1. Changes to Terms and Conditions
PAL Canada has the right, in its sole discretion, to supplement, remove, modify or otherwise change any part of these Terms and Conditions, including the Privacy Policy, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check these Terms and Conditions frequently for updates by checking the date when these Terms and Conditions were "Last Updated", which information is shown at the top of this document. If any change is not acceptable to you, you must discontinue your use of this Site and of the Materials immediately and destroy any and all Materials in your possession or under your control. Your continued use of this Site or downloading or use of Materials from it after any such changes are posted will constitute acceptance of those changes.
2. Changes to this Site
PAL Canada may remove, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features, at any time without notice or liability; (ii) removing, adding, modifying or otherwise changing any Materials on or from this Site; or (iii) imposing limits or conditions on certain features or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. PAL Canada reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.
3. Permitted and Prohibited Uses
The Site may only be used for lawful purposes. You agree to use the Site only to send Content and receive Materials that are proper and related to purpose of the Site. Subject to these Terms and Conditions, PAL Canada grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Materials thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) remove from any copy of the Materials downloaded, the copyright or other proprietary notices contained in the Materials; (ii) sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Materials on any other web site; (iii) transfer the Materials to any other person without the written consent of PAL Canada; (iv) print or copy any of the HTML or other computer programs that are accessible at this Site; (v) use this Site in any manner that could damage, disable, overburden or impair this Site; (vi) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vii) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites; (viii) upload, post or otherwise transmit on this Site any Content that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site's infrastructure; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part; (x) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xi) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; or (xii) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
PAL Canada reserves the right at all times to disclose any Content provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Content, in whole or in part, that in PAL Canada' sole discretion is objectionable or in violation of these Terms and Conditions.
4. Proprietary Rights
This Site, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, PAL Canada does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trade-mark, copyright, trade secret, or confidential information, of PAL Canada.
The product names, company names and logos used on this Site may be trade-marks, including registered trade-marks of PAL Canada. Such product names, company names and logos of PAL Canada may not be copied, imitated or used, in whole or in part, without the prior written consent of PAL Canada. Other product and company names mentioned on this Site may be the trade-marks of their respective owners.
Any software, including calculator software, as well any files, images generated by such software, code and data accompanying such software (collectively, the "Software"), used or accessible through this Site is the copyrighted work of PAL Canada. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site. PAL Canada makes no representations or warranties of any sort nor will it be liable with respect to any third party software which is required to access or use the Materials or which is made available through this Site. Please be sure to review any terms and conditions relating to the download, installation and use of any such third party software.
5. Links and Third Party Content
Certain links on this Site may take you to other web sites. PAL Canada provides these links only as a convenience. These linked sites are not necessarily under the control of PAL Canada. If you use these sites, you will leave this Site. 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.
PAL Canada is not responsible for the contents of any such linked page or any other page not under its control. PAL Canada makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described or offered thereon. Links do not imply that PAL Canada sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trade-mark, trade name, logo or copyright symbol of PAL Canada.
6. Agreement to Privacy Policy
You agree to abide by PAL Canada's Privacy Policy [insert hyperlink to policy], which is incorporated by reference into these Terms and Conditions.
7. Disclaimers
You acknowledge that any use of or reliance on this Site or any Materials shall be at your sole risk. PAL Canada makes no representation or warranty of any kind regarding the Site and/or the Materials, all of which are provided on an "AS IS" basis. PAL CANADA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. PAL CANADA DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.
PAL Canada does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials. The use of the Site and the Material is at your own risk. Changes are periodically made to the Site and may be made at any time.
Nothing contained in the Site should be construed as health, medical or other advice. Without limitation, nothing contained in the sites should replace medical advice, medical visits or recommendations from health care providers. You should only rely on the advice of a health care professional in terms of any medical condition, drug, heath product, treatment or in terms of your specific situation.
8. Limitation of Liability
YOU AGREE THAT PAL CANADA AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF PAL CANADA, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that PAL Canada' aggregate liability for damages shall be limited to $100.
The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
9. Indemnity
You agree to defend, indemnify and hold harmless each of PAL Canada, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Materials or your breach of these Terms and Conditions.
10. Choice of law
This Site is controlled, operated and administered by PAL Canada from its offices within Canada. PAL Canada makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Materials accessible through this 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, without reference to its conflict of laws principles. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be commenced in Toronto, Ontario, Canada. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding.
11. General
(i) Except as expressly provided in additional terms of use for areas of the Site, a particular legal notice, or an additional Agreement, these Terms and Conditions constitute the entire agreement between PAL Canada and you with respect to the subject matter hereof; (ii) If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect; (iii) The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default; (iv) No changes to these Terms and Conditions shall be made except by a revised posting on this page.
