2. SITE CONTENT
The content on the Site and the Services found at the Site, including without limitation the text, software, scripts, source code, graphics, photos, videos and interactive features and the trademarks, service marks and logos contained therein ("WCI Content"), are owned by or licensed to WCI, and are subject to copyright, trademark, and/or patent protection in Canada, the United States and foreign countries, and other intellectual property rights under Canadian, United States and foreign laws.
3. USE OF THE SITE AND SERVICES
You agree not to circumvent, disable or otherwise interfere with the security-related features of the Site or the Services (including without limitation those features that prevent or restrict use or copying of any WCI Content) or enforce limitations on the use of the Site or the Services or the WCI Content therein.
You may not use the Site or Services in any manner that: (i) imposes an unreasonable or disproportionately large load on the Site's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Site; (ii) introduces a virus or other harmful component to the Site; (iii) constitutes or contains false or misleading indications of origin or statements of fact including but not limited to impersonating any other person; (iv) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (v) results in the transmission of any information, data, text, images, links, files, etc., except in connection with your authorized use of the Site or (vi) results in the harvesting of any information concerning other users of the Site.
In addition, you will not use the Site or the Services in any manner that: (i) is illegal, or promotes or encourages illegal activity; (ii) promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior; (iii) promotes, encourages or engages in child pornography or the exploitation of children; (iv) promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class; (v) promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; (vi) infringes on the intellectual property rights of another user or any other person or entity; (vii) violates the privacy or publicity rights of another user or any other person or entity, or breaches any duty of confidentiality that you owe to another user or any other person or entity; (viii) contains false or deceptive language, or unsubstantiated or comparative claims, regarding WCC, the Site or the Services.
WCI may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, Services or WCI Content (including without limitation prices and fees for the same). WCI may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Site. Computer viruses or other destructive programs may also be inadvertently downloaded from the Site and Services.
When you create your Account you may be asked for your home telephone and mobile telephone number so that we may contact you regarding importation information about your service and account, and to provide special offers to our customers. By providing your home and/or mobile telephone numbers to WCI you consent to receive autodialed and/or pre-recorded calls (or text messages if you provide your mobile telephone number) from or on behalf of WCI regarding importation information about your service and account, and to provide special offers to our customers to the telephone number(s) provided.
You are responsible for maintaining the confidentiality of your account and password. You may not share your password with third parties. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
The Site may contain links and pointers to other websites and resources. Links to and from the Site to other web sites maintained by third parties, do not constitute an endorsement by WCI or any of its affiliates of any third party website or content. WCI is not responsible for the availability of these third party resources or their contents and in no event shall any reference to any third party, third party website or product be construed as an endorsement or approval. You should direct any concerns regarding any external link to its website administrator or webmaster.
6. DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY
USE OF THE SITE, SERVICES AND WCI CONTENT IS AT YOUR SOLE AND EXCLUSIVE RISK, AND THE RISK OF DAMAGES FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED, THE SITE, SERVICES AND WCI CONTENT ARE PROVIDED "AS IS", “AS AVAILABLE” AND “WITH ALL FAULTS” AND WITHOUT REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL WCI BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES RESULTING FROM: (1) THE SITE FAILING TO OPERATE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE SITE; (3) VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) INACCURATE SITE CONTENT.
IN NO EVENT SHALL WCI BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO UTILIZE ANY FEATURE OF THE SITE.
IN NO EVENT SHALL WCI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, REMOTE OR SPECULATIVE DAMAGES OR DAMAGES FOR LOST PROFITS, LOST DATA (INCLUDING, WITHOUT LIMITATION ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF WCI) OR LOSS OF USE) ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SITE, SERVICES OR WCI CONTENT.
THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF WCI IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL THE TOTAL LIABILITY OF WCI, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, SUPPLIERS, OR THIRD PARTIES PROVIDING SERVICES FOR THE SITE OR THE SERVICES, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, SERVICES OR WCI CONTENT WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO WCI IN CONNECTION WITH THE APPLICABLE EVENT, OR PURCHASE GIVING RISE TO SUCH LIABILITY OR IN ANY EVENT WCI’S TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THESE TERMS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.
We make no representation that information on the Site is appropriate or available for use outside of Canada. Those who choose to access the Site from outside of Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8. INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE
All WCI trademarks, service marks, trade names, logos, slogans, and other identifying marks appearing on the Site, the Services and WCI Content are the sole and exclusive property of WCI. You may not copy or use any of WCI's marks or any marks confusingly similar to WCI's marks without the prior written consent of WCI, nor may you use WCI's marks in any manner that discredits or disparages WCI. All other trademarks not owned by WCI that appear on the Site, the Services or the WCI Content are the property of the respective owners, who may or may not be affiliated with, connected to, or sponsored by WCI.
You may not frame or utilize framing techniques to enclose any WCI Content (including images, text, page layout, and forms) without WCI’s prior written consent. You may not use any metatags or any other "hidden text" utilizing our names, trademarks, trade names, logos, slogans and other identifying marks appearing on the Site without the prior written consent of WCI. You may not use our names, trademarks, trade names, logos, slogans, and other identifying marks appearing on the Site as any part of a link without the prior written consent of WCI. Any unauthorized use terminates any license or permission granted by WCI. Except as expressly stated above, nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license or right to the Site, Services or WCI Content.
Except for personal information that we obtain from you, any information you provide, including without limitation, any feedback, comments, suggestions, use of any messaging features and/or ideas you may submit to us, is hereby deemed nonconfidential and nonproprietary, and may be used by us for any purpose without restriction or obligation.
9. POLICY FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any content has been posted on the Site in a manner that constitutes copyright infringement, please notify us by providing our designated Copyright Agent with the written information specified below:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work(s) claimed to have been infringed;
A description of the material on the Site that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
WCI's designated Copyright Agent for notice of claims of copyright infringement is:
3 Waterway Square Place, Suite 110
The Woodlands, TX 77380
Attention: General Counsel
12. CHOICE OF LAW; JURISDICTION; ATTORNEYS' FEES; CLASS ACTION WAIVER
This website is controlled, operated and administered by WCI from within the Province of Ontario, Canada. This website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing this website, you acknowledge and agree that all matters relating to access to or use of this website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND WCI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and WCI agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding
The Site may contain typographical errors or inaccuracies and may not be complete or current. WCI reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
LAST UPDATED: May 30, 2017