Last updated January 18, 2022
TABLE OF CONTENTS
whether personally or on behalf of an entity (“you”) and CampusGuide.ca (" Company," “we," “us," or “our”), concerning your access to and use of the http://www.campusguide.ca
website as well as any other media form, media channel, mobile website
or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”). We are registered in Canada and have our registered office at 181 Highland rd E, Kitchener, Kichener, Ontario.
You agree that by accessing the Site, you have read, understood, and
USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
terms and conditions or documents that may be posted on the Site from
time to time are hereby expressly incorporated herein by reference. We
reserve the right, in our sole discretion, to make changes or
We will alert you about any changes by updating the “Last updated” date
notice of each such change. Please ensure that you check the applicable
Terms every time you use our Site so that you understand which Terms
apply. You will be subject to, and will be deemed to have been made
by your continued use of the Site after the date such revised Terms of
Use are posted.
information provided on the Site is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access
the Site from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
Site is not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use this Site.
You may not use the Site in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
Site is intended for users who are at least 18 years old. Persons under
the age of 18 are not permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
otherwise indicated, the Site is our proprietaryproperty and all source
code, databases, functionality, software, websitedesigns, audio, video,
text, photographs, and graphics on the Site(collectively, the
“Content”) and the trademarks, service marks, and logoscontained therein
(the “Marks”) are owned or controlled by us or licensed tous, and are
protected by copyright and trademark laws and various otherintellectual
property rights and unfair competition laws of the United States,
international copyright laws, and international conventions. The Content
and the Marks are provided on theSite “AS IS” for your information and
personal use only. Except as expressly provided in these Termsof Use, no
part of the Site and no Content or Marks may be copied,
reproduced,aggregated, republished, uploaded, posted, publicly
displayed, encoded,translated, transmitted, distributed, sold, licensed,
or otherwise exploitedfor any commercial purpose whatsoever, without
our express prior writtenpermission.
that you are eligible to use the Site, you aregranted a limited license
to access and use the Site and to download or print acopy of any
portion of the Content to which you have properly gained accesssolely
for your personal, non-commercial use. We reserve all rights
notexpressly granted to you in and to the Site, the Content and the
you provide any information that 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 Site (or any portion
may be required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change
a username you select if we determine, in our sole discretion, that
such username is inappropriate, obscene, or otherwise objectionable.
may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in connection
with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of the Site, you agree not to:
retrieve data or other content from the Site to create or compile,
directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.
disable, or otherwise interfere with security-related features of the
Site, including features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the Site and/or the
Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters
and spamming (continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the Site or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Site.
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a
part of the Site.
as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Site, or using or launching any
unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
any unauthorized use of the Site, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose
of sending unsolicited email, or creating user accounts by automated
means or under false pretenses.
the Site as part of any effort to compete with us or otherwise use the
Site and/or the Content for any revenue-generating endeavor or
6.USER GENERATED CONTRIBUTIONS
Site may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide
you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to us
or on the Site, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Site and through
third-party websites. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
- The creation, distribution,
transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third
are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the
Site, and other users of the Site to use your Contributions in any
have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by
- Your Contributions are not false, inaccurate, or misleading.
Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a
specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being
Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical
Contributions do not otherwise violate, or link to material that
use of the Site in violation of the foregoing violates these Terms of
Use and may result in, among other things, termination or suspension of
your rights to use the Site.
By posting your Contributions to any part of the Site ,
you automatically grant, and you represent and warrant that you have
the right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use, copy, reproduce, disclose,
sell, resell, publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works
of, or incorporate into other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may
occur in any media formats and through any media channels.
license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your
Contributions provided by you in any area on the Site. You are solely
responsible for your Contributions to the Site and you expressly agree
to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more appropriate locations on the Site;
and (3) to pre-screen or delete any Contributions at any time and for
any reason, without notice. We have no obligation to monitor your
acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site ("Submissions")
provided by you to us are non-confidential and shall become our sole
property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby
waive all moral rights to any such Submissions, and you hereby warrant
that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of
any proprietary right in your Submissions.
9.THIRD-PARTY WEBSITE AND CONTENT
Site may contain (or you may be sent via the Site) links to other
websites ("Third-Party Websites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such Third-Party
Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through the Site
or any Third-Party Content posted on, available through, or installed
from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in
the Third-Party Websites or the Third-Party Content. Inclusion of,
linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access
the Third-Party Websites or to use or install any Third-Party Content,
no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which
you navigate from the Site or relating to any applications you use or
install from the Site. Any purchases you make through Third-Party
Websites will be through other websites and from other companies, and we
take no responsibility whatsoever in relation to such purchases which
are exclusively between you and the applicable third party. You agree
and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us harmless from any harm
caused by your purchase of such products or services. Additionally, you
shall hold us harmless from any losses sustained by you or harm caused
to you relating to or resulting in any way from any Third-Party Content
or any contact with Third-Party Websites.
allow advertisers to display their advertisements and other information
in certain areas of the Site, such as sidebar advertisements or banner
advertisements. If you are an advertiser, you shall take full
responsibility for any advertisements you place on the Site and any
services provided on the Site or products sold through those
advertisements. Further, as an advertiser, you warrant and represent
that you possess all rights and authority to place advertisements on the
Site, including, but not limited to, intellectual property rights,
publicity rights, and contractual rights. As
an advertiser, you agree that such advertisements are subject to our
Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions
as described below, and you understand and agree there will be no refund
or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
reserve theright, but not the obligation, to: (1) monitor the Site for
against anyone who, inour sole discretion, violates the law or these
enforcement authorities; (3) in our solediscretion and without
limitation, refuse, restrict access to, limit theavailability of, or
disable (to the extent technologically feasible) any ofyour
Contributions or any portion thereof; (4) in our sole discretion
andwithout limitation, notice, or liability, to remove from the Site or
otherwisedisable all files and content that are excessive in size or are
in any wayburdensome to our systems; and (5) otherwise manage the Site
in a mannerdesigned to protect our rights and property and to facilitate
the properfunctioning of the Site.
hosted in Canada.
If you access the Site from any other region of the world with laws or
other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in Canada, then through your continued use of the Site, you are transferring your data to Canada, and you agree to have your data transferred to and processed in Canada.
13.DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
respect theintellectual property rights of others. If you believe that
any material available on or through the Siteinfringes upon any
copyright you own or control, please immediately notify ourDesignated
Copyright Agent using the contact information provided below
(a“Notification”). A copy of yourNotification will be sent to the person
who posted or stored the materialaddressed in the Notification. Please
beadvised that pursuant to federal law you may be held liable for
damages if youmake material misrepresentations in a Notification. Thus,
if you are not surethat material located on or linked to by the Site
infringes your copyright, youshould consider first contacting an
Notificationsshould meet the requirements of DMCA 17 U.S.C. § 512(c)(3)
and include thefollowing information: (1) A physical or electronic
signature of a personauthorized to act on behalf of the owner of an
exclusive right that isallegedly infringed; (2) identification of the
copyrighted work claimed to havebeen infringed, or, if multiple
copyrighted works on the Site are covered bythe Notification, a
representative list of such works on the Site; (3)identification of the
material that is claimed to be infringing or to be thesubject of
infringing activity and that is to be removed or access to which isto be
disabled, and information reasonably sufficient to permit us to
locatethe material; (4) information reasonably sufficient to permit us
to contact thecomplaining party, such as an address, telephone number,
and, if available, anemail address at which the complaining party may be
contacted; (5) a statementthat the complaining party has a good faith
belief that use of the material inthe manner complained of is not
authorized by the copyright owner, its agent,or the law; and (6) a
statement that theinformation in the notification is accurate, and under
penalty of perjury, thatthe complaining party is authorized to act on
behalf of the owner of anexclusive right that is allegedly infringed
you believeyour own copyrighted material has been removed from the Site
as a result of amistake or misidentification, you may submit a written
counter notification to[us/our Designated Copyright Agent] using the
contact information providedbelow (a “Counter Notification”). To be an
effective Counter Notification underthe DMCA, your Counter Notification
must include substantially the following:(1) identification of the
material that has been removed or disabled and thelocation at which the
material appeared before it was removed or disabled; (2)a statement that
you consent to the jurisdiction of the Federal District Courtin which
your address is located, or if your address is outside the UnitedStates,
for any judicial district in which we are located; (3) a statement
thatyou will accept service of process from the party that filed the
Notificationor the party's agent; (4) your name, address, and telephone
number; (5) astatement under penalty of perjury that you have a good
faith belief that thematerial in question was removed or disabled as a
result of a mistake ormisidentification of the material to be removed or
disabled; and (6) yourphysical or electronic signature.
you send us avalid, written Counter Notification meeting the
requirements described above,we will restore your removed or disabled
material, unless we first receivenotice from the party filing the
Notification informing us that such party hasfiled a court action to
restrain you from engaging in infringing activityrelated to the material
in question. Please note that if you materiallymisrepresent that the
disabled or removed content was removed by mistake ormisidentification,
you may be liable for damages, including costs andattorney's fees.
Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
Attn: Copyright Agent
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,WITHOUT WARNING, IN OUR SOLE DISCRETION.
we terminateor suspend your account for any reason, you are prohibited
from registering andcreating a new account under your name, a fake or
borrowed name, or the name ofany third party, even if you may be acting
on behalf of the third party. Inaddition to terminating or suspending
your account, we reserve the right totake appropriate legal action,
including without limitation pursuing civil,criminal, and injunctive
15.MODIFICATIONS AND INTERRUPTIONS
reserve the right to change, modify, or remove the contents of the Site
at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Site. We
also reserve the right to modify or discontinue all or part of the Site
without notice at any time. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance
of the Site.
cannot guaranteethe Site will be available at all times. We may
experience hardware, software,or other problems or need to perform
maintenance related to the Site, resultingin interruptions, delays, or
errors. Wereserve the right to change, revise, update, suspend,
discontinue, or otherwisemodify the Site at any time or for any reason
without notice to you. You agree that we have no liabilitywhatsoever for
any loss, damage, or inconvenience caused by your inability toaccess or
use the Site during any downtime or discontinuance of the Site. Nothing
support the Site or to supply anycorrections, updates, or releases in
These Terms shall be governed by and defined following the laws of Canada. CampusGuide.ca and yourself irrevocably consent that the courts of Canadashall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
Any dispute arising
out of or in connection with this contract, including any question
regarding its existence, validity or termination, shall be referred to
and finally resolved by the International Commercial Arbitration Court
under the European Arbitration Chamber (Belgium, Brussels, Avenue
Louise, 146) according to the Rules of this ICAC, which, as a result of
referring to it, is considered as the part of this clause. The number of
arbitrators shall be __________. The seat, or legal place, of arbitration shall be Kitchener, Canada. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Canada.
Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there
is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other
Exceptions to Arbitration
Parties agree that the following Disputes are not subject to the above
provisions concerning binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
may beinformation on the Site that contains typographical errors,
inaccuracies, oromissions, including descriptions, pricing,
availability, and various otherinformation. We reserve the right
tocorrect any errors, inaccuracies, or omissions and to change or update
theinformation on the Site at any time, without prior notice.
SITE IS PROVIDEDON AN AS-IS AND AS-AVAILABLE BASIS. YOUAGREE THAT YOUR
USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO
THEFULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
ORIMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,
WITHOUTLIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULARPURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT
OR THE CONTENT OF ANYWEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITYFOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT AND MATERIALS, (2)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROMYOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OFOUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSIONTO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICHMAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)
ANYERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OFANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
WARRANT, ENDORSE, GUARANTEE,OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY ATHIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILEAPPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE APARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOUAND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THEPURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOUSHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
agree todefend, indemnify, and hold us harmless, including our
subsidiaries,affiliates, and all of our respective officers, agents,
partners, andemployees, from and against any loss, damage, liability,
claim, or demand, includingreasonable attorneys’ fees and expenses, made
any overt harmful act toward any other user of the Site with whom you
connected via the Site. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware
will maintaincertain data that you transmit to the Site for the purpose
of managing theperformance of the Site, as well as data relating to
your use of the Site. Although we perform regular routine backupsof
data, you are solely responsible for all data that you transmit or
thatrelates to any activity you have undertaken using the Site. You
agreethat we shall have no liability to you for any loss or corruption
of any suchdata, and you hereby waive any right of action against us
arising from any suchloss or corruption of such data.
23.ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email
and on the Site, satisfy any legal requirement that such communication
be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SITE. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
24. CALIFORNIA USERS AND RESIDENTS
any complaintwith us is not satisfactorily resolved, you can contact
the ComplaintAssistance Unit of the Division of Consumer Services of the
CaliforniaDepartment of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916)445-1254.
Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision
unenforceable, that provision or part of the provision is deemed
enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and
drafted them. You hereby waive any and all defenses you may have based
order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
181 Highland rd E, Kitchener