LAST UPDATED: October 19, 2003
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
This Web site www.reliableconnections.com is provided by Reliable Connections Incorporated ("Reliable Connections") subject to these terms and conditions of use and all modifications thereto ("Terms and Conditions"). By using www.reliableconnections.com (the "Web Site"), you ("You") are deemed to have agreed to these Terms and Conditions. Please note, certain services available through the Web Site from Reliable Connections may require you to agree to further terms and conditions.
WEB SITE CONTENT
This Web Site contains trademarks, service marks, logos, copyrights and other content owned by Reliable Connections and others ("Site Content"). As between You and Reliable Connections, Reliable Connections is the sole owner of all Site Content on the Web Site, including without limitation, all copyrights, trademarks, service marks and other intellectual property rights thereto. You may not download or save a copy of the Site Content or any portion thereof, for any purpose, except you may print a copy of individual screens appearing as part of the Web Site solely for Your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. Except as expressly permitted in these Terms and Conditions or in any further written agreement entered into between You and Reliable Connections, You may not modify, copy, publish, display, transmit, adapt or in any way exploit the Site Content, without the express prior permission of Reliable Connections.
Reliable Connections is a trademark of Reliable Connections Corporation. All other marks that appear throughout the Web Site belong to Reliable Connections or the respective owners of such marks, and are protected by Canadian and international copyright and trademark laws. Any use of any of the marks appearing throughout the Web Site without the express written consent of Reliable Connections or the owner of the mark, as appropriate, is strictly prohibited.
USER CONTENT
Information, data, text, music, sound, photographs, graphics, video, messages and other materials that You may post to the Web Site or supply to Reliable Connections shall be referred to herein as "User Content ". By posting User Content on or through this Web Site, You agree that You and not Reliable Connections are solely responsible for the origination, accuracy, completeness, ownership, publication and dissemination of Your User Content.
By submitting or sending User Content to Reliable Connections or otherwise making User Content available for display on or through the Web Site, You grant Reliable Connections the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived.
Reliable Connections does not pre-screen, monitor, review or otherwise edit User Content posted, or otherwise made available, on or through the Web Site. However, Reliable Connections (or a designee) reserves the right (but assumes no obligation) to, at its sole discretion, refuse, edit or remove any User Content, in whole or part, that, in Reliable Connections sole judgment, does not comply with these Terms and Conditions, is illegal, or is otherwise undesirable, inappropriate or inaccurate. Reliable Connections is not responsible for any failure, non-failure or delay in refusing, editing or removing such User Content.
USER CONDUCT
You may not upload, post, email or otherwise transmit any User Content on or through the Web Site that: (i) infringes any proprietary rights of any party or person; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, sexually graphic, invasive of another's privacy, or hateful; (iii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, "spam", "chain letters", or any other form of solicitation, except in those areas of the Web Site that are intended and designated for such purpose, provided that even in those areas, Your User Content will comply in all respects with the provisions hereof; and (v) contains software viruses or any other computer code, files or programs designed to or which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity.
You further agree that you will not: (i) use the Web Site, or any part thereof, to "stalk" or harm any other User or any other person in any way; (ii) impersonate any person or entity, including, but not limited to, a Reliable Connections officer, director, or representative, or falsely state or otherwise misrepresent Your affiliation with a person or entity; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Web Site; (iv) interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site; (v) "hack", infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Web Site; (vi) harvest, collect or store information about the Users of this Web Site or the User Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site; or (vii) violate any applicable local, state, national or international law or regulation.
LINKED SITES AND ADVERTISERS
You may be able to link to third parties' Web Sites ("Linked Sites") from the Reliable Connections Site. Linked Sites are not reviewed, controlled or examined by Reliable Connections in any way and Reliable Connections is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Reliable Connections' endorsement of or association with the Linked Sites.
Your correspondence or business dealings with, or participation in promotions of, advertisers or any third party found on or through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Reliable Connections shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or others on the Web Site.
PRIVACY POLICY
Reliable Connections encourages You to read the Reliable Connections Privacy Policy which is incorporated by reference into these Terms and Conditions.
DISCLAIMER OF WARRANTIES
THIS WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, RELIABLE CONNECTIONS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE WEB SITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
IN NO EVENT WILL RELIABLE CONNECTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF RELIABLE CONNECTIONS OR ITS REGISTERED AGENT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION.
YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF RELIABLE CONNECTIONS FOR ANY CLAIM, ACTION OR DEMAND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE WEB SITE ("CLAIM") WILL BE LIMITED TO SUCH DIRECT DAMAGES AS ARE ACTUALLY INCURRED BY YOU AND WILL NOT IN THE AGGREGATE EXCEED $50.00.
LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Web Site must be filed within one (1) year after such claim or cause of action arises.
INDEMNIFICATION
By agreeing to use the Web Site, You agree to defend, indemnify and hold Reliable Connections, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from Your use of the Web Site, any violation of these Terms and Conditions by You, or any User Content You post on or through the Web Site.
COPYRIGHT AGENT
If You believe that any content on the Web Site has been copied in a way that constitutes copyright infringement, please notify our Copyright Coordinator by e-mail at copyright@reliableconnections.com. Please put "Notice of Infringement" in the subject line of all such e-mails plus notice.
APPLICABLE LAWS / JURISDICTION
We control and operate this Web Site from our offices in the Province of Ontario. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws.
The laws of the Province of Ontario, excluding its conflicts-of-law rules, shall govern these Terms and Conditions and Your use of the Web Site. Any claim or dispute with Reliable Connections or relating in any way to Your use of the Web Site resides exclusively in the courts of the Province of Ontario, City of Toronto, and you agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Ontario, in connection with any such dispute.
WAIVER AND SEVERABILITY
Should any provision of these Terms and Conditions be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.
No waiver of any part of these Terms and Conditions by Reliable Connections will be deemed to be a waiver of any other provision of these Terms and Conditions. No provision of these Terms and Conditions will be deemed to be waived by reason of any previous failure to enforce it. No provision of these Terms and Conditions may be waived except in a writing signed by the party waiving enforcement.
COMMUNICATIONS WITH USERS
Reliable Connections reserves the right to communicate with You regarding your use of the Web Site or any service provided by Reliable Connections.
VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of Reliable Connections, Reliable Connections reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any membership agreement.
CHANGES TO TERMS AND CONDITIONS
Reliable Connections may change these Terms and Conditions from time to time and at any time. When Reliable Connections changes these Terms and Conditions, Reliable Connections will:
- post the updated version of the Terms and Conditions on the Web Site together with the date on which they were revised; and
- on the home page for the Web Site for at least four (4) weeks following any change to the Terms and Conditions post a notice that the Terms and Conditions have been updated.
By using the Web Site following any modifications to these Terms and Conditions, You agree to be bound by any such modifications to these Terms and Conditions.
Please check these Terms and Conditions each time you use the Web Site. You can link to these Terms and Conditions from the home page of the Web Site, and there are links to these Terms and Conditions provided on many of the other pages making up the Web Site.
Thank you for taking the time to read these Terms and Conditions. We hope that you enjoy www.reliableconnections.com
Ontario