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| Terms and Conditions |
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1. |
The Terms And Conditions described herein govern your use of any Website or Web page operated (collectively "Website") or provided by 1429481 Ontario Inc. o/a Pathway Communications ("Pathway"). The terms and conditions may be modified by Pathway from time to time in its sole discretion and you are responsible for reviewing these Terms And Conditions from time to time. Your use of the Website means that you accept any and all changes. If you do not agree with any of these Terms And Conditions you may not use this Website. |
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2. |
Pathway offers no guarantees, express or implied, as to the accuracy or completeness of the information contained or referenced therein. All users accept that access to and use of the Website, and any site linked to the Website, and all content thereof, is at their own risk. The Website is operated in Canada in the province of Ontario. Pathway does not represent that content or materials presented on the Website are appropriate or available for use in other locations or jurisdictions. If you access the Website from a jurisdiction other than Canada, you agree that you do so at your own initiative, and are responsible for compliance with local laws. |
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Personal information from those who communicate with us online may be collected for the purpose of responding to specific questions, advising visitors of new online material, activities and events, and offering opportunities for contributing to our website. Our web server recognizes consumer domain names for the purpose of analyzing website access and improving the content of our website. |
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COPYRIGHT |
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4. |
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by Pathway, or its third-party licensors, to the full extent provided under Canadian and International copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, storing in any retrieval system or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of Pathway or any third party. |
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5. |
The Website and the information contained therein is for information purposes only. Any reproduction, distribution, display, performance, copying, or redistribution for commercial purposes of any materials or design elements of the Website is strictly prohibited, without the prior written consent of Pathway. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Pathway is prohibited. |
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TRADE AND SERVICE MARK RIGHTS |
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6. |
All rights in the product names, company names, trade names, logos, product packaging and designs of Pathway or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Pathway or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Website confers on you any license or right under any patent, copyright or trademark of the Pathway or any third party. |
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DOWNLOADS AND SHAREWARE |
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7. |
Certain Pathway Websites allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the "Software"). The Software is made available to you by Pathway or third parties subject to the terms and conditions made available to you during the software installation process.
Additionally, you agree that the Software is licensed to you by Pathway or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that Pathway or the designated third parties retain full and complete title to the Software and all intellectual property rights therein.
You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that Pathway, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications. |
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DEALINGS WITH THIRD PARTIES |
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8. |
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, a Pathway Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Pathway assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that Pathway shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions. |
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LINKS |
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9. |
The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Pathway of the contents of such third-party websites. Pathway is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website;
(ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party websites; or (iii) any representation or warranty that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components. Accordingly, you agree that Pathway will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a Pathway Site. |
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10. |
Links to the Website without prior permission are prohibited. The framing of the Website in any form and by any method is prohibited. To obtain permission to link to the Website you may write to Pathway's Marketing Department. Any permission granted may be canceled and revoked without any notice |
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11. |
Any third party website with permission that links to the Website: shall not create a frame, browser or border environment around any of the content of the Website; may link to, but not replicate, Website content; shall not imply that Pathway endorses or sponsors it or its products or services; shall not present false information about Pathway or its products or services; shall not use Pathway trademarks without the prior written permission from Pathway; and shall not contain content that could be construed as distasteful, offensive or controversial. Notwithstanding anything to the contrary contained in this Agreement, we reserve the right to deny or rescind permission to link to the Website, and to require termination of any link to the Website, for any reason in our sole and absolute discretion. |
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PROHIBITED USES AND OBLIGATIONS |
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You are required to comply with all applicable laws in connection with your use of the Website and such further limitations as may be set forth below and in any written or on-screen notice from Pathway. You may not use the Website for any purpose that is unlawful or prohibited by the terms and conditions or that harms Pathway, its affiliates, its service providers, suppliers or customers. |
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13. |
You agree not to violate or attempt to violate the security of the Website, including, without limitation: accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing" the Website; sending unsolicited e-mail, including promotions and/or advertising of products or services; or forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of system or network security may result in civil or criminal liability. Pathway may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. |
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Pathway also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part. |
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NOTICE OF COPYRIGHT INFRINGEMENT |
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If you believe that a work has been copied and is accessible on this Website in a way that constitutes copyright infringement, please provide Pathway's Marketing Department with the following information by written notice: identification of the copyrighted work claimed to have been infringed; identification of the allegedly infringing material on the Website that is requested to be removed; your name, address and daytime telephone number, and an e-mail address if available, so that someone from Pathway may contact you if necessary;
a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is the owner or is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Pathway reserves the right (but not the obligation) to remove any information that infringes the copyright of any person under the laws of Canada upon receipt of such a statement. |
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REGISTRATION, USERNAME, PASSWORD, SECURITY |
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Registration may be required for the use of certain portions of the Website. Your registration shall not impose any duty on us to provide any particular service to you. If the terms of any Pathway Customer or Service Agreement that conflicts with these terms and conditions, the Customer or Service Agreement shall govern. Your Pathway User Identity (your username and password) will be your identity for purposes of interacting with the Website and other users through the Website. |
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17. |
You shall keep confidential, shall not disseminate, and shall use solely in accordance with the terms and conditions your User Identity. You shall immediately notify Pathway if you learn of or suspect any loss, theft or unauthorized use of your User Identity. In the event of such loss, theft, or unauthorized use, Pathway may impose on you, at its sole discretion, additional security obligations. |
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If any unauthorized person obtains access to the Website as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify Pathway. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access. |
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DISCLAIMER OF WARRANTIES |
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19. |
THE WEBSITE IS PROVIDED "AS IS." PATHWAY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE.
PATHWAY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PATHWAY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i)WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY Pathway OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. |
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PATHWAY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS, AND HOURS OF OPERATION |
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LIMITATION OF LIABILITIES |
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IN NO EVENT WILL PATHWAY OR ITS AFFILIATES, OR ANY PERSON OR PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, OR ON ANY SITE LINKED TO THIS WEBSITE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES) INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN AN ANY WAY RELATED TO THE WEBSITE OR ANY SITE LINKED TO THE WEBSITE OR YOUR ACCESS, USE OR INABILITY TO USE THE WEBSITE OR ANY SITE LINKED TO THE WEBSITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. THE ABOVE SHALL APPLY EVEN IF Pathway OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. |
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PATHWAY RESERVES THE RIGHT TO ALTER THE CONTENT OF THE WEBSITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. |
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THE LIMITATIONS OF LIABILITIES APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Pathway OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PATHWAY'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PATHWAY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ONE HUNDRED DOLLARS ($100.00) IN CANADIAN CURRENCY. |
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INDEMNIFICATION |
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The user agrees to indemnify and hold harmless Pathway and its respective subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners and employees from and against all liabilities, claims and expenses, including legal fees and disbursements on a substantial indemnity basis, made by any third party due to or arising out of your conduct including content you submit, post to or transmit through the Website, your use of the Website, your violation of the terms and conditions or your violation of any rights of another. |
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CHOICE OF LAW AND FORUM |
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This Agreement shall be governed solely by and construed in accordance with the laws of the Province of Ontario, excluding its conflict of law rules. You expressly and irrevocably consent and agree to submit to the exclusive jurisdiction and venue of the courts in the Province of Ontario in all disputes arising out of or relating to the use of the Website. YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST PATHWAY OR ITS AFFILIATES OR ANY THIRD PARTY RELATING TO THE WEBISTE, THESE TERMS AND CONDITIONS OR ANY RELATED MATER. |
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SEVERABILITY AND INTEGRATION |
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26. |
Except for other agreements you may enter into through use of a specific part of the Website, these terms and conditions constitute the entire agreement between you and Pathway and governs your use of this Service, superceding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Pathway. If any portion of the terms and conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. The terms and conditions may be modified only by our posting on the Website changes to the terms and conditions or by a subsequent writing signed by Pathway. |
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NO WAIVER |
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The failure of Pathway to enforce any provisions of the terms and conditions or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any of the terms or conditions or to act with respect to similar breaches. |
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NO PROFESSIONAL ADVICE |
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28. |
Any information supplied by any employee or agent of Pathway whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Website, and does not constitute legal, tax, accounting or other professional advice and may not be relied on to base any claim or action. Individual situations and provincial laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. Pathway makes no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Website. |
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MISCELLANEOUS |
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29. |
References to Pathway in the terms and conditions shall include all of Pathway's affiliates and all of its and their directors, officers, shareholders, employees, agents, advisers, suppliers and insurers.
You are prohibited from assigning your rights and obligations under the terms and conditions.
Pathway may assign its rights and obligations in its sole discretion at any time or times, in whole or in part, without notice to you. Nothing contained in the terms and conditions is in derogation of Pathway's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website. A printed version of the terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles used in the terms and conditions are for convenience only and have no legal or contractual significance. Where the context permits all words in the singular shall include the plural and vice versa. |
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TERMINATION |
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Pathway reserves the right, in its sole discretion, to terminate your access to all or part of the Website, with or without notice and with or without cause. Termination of your access to the Website means the revocation of the limited and temporary license and permission to use the software and other resources of the Website granted to you under the terms and conditions by Pathway. The provisions of the terms and conditions survive the termination of your access to the Website. You are prohibited from terminating your rights and obligations under the terms and conditions. |
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NOTICES |
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Pathway may give notices to users of the Website, at its option, by posting a message on the Website, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. Notices by users to Pathway must be given by electronic or conventional mail. |
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