Select Network
Toronto
2 Carlton Street,
Suite 804
Toronto (Ontario) M5B 1J3
Telephone
(416) 362-4488
Fax
(416) 362-8905
infos@selectnetwork.ca
Réseau Sélect
Montréal
630 Sherbrooke West
Suite 810
Montreal (Quebec) H3A 1E4
Telephone
(514) 866-3131 or
1-800-361-7262
Fax
(514) 866-3030
infos@reseauselect.com
|
Terms of Use
Terms of Use
SelectNetwork.Ca Terms of Use
1. Acceptance
Welcome to the SelectNetwork.Ca destination (the "Website") operated by
Réseau Sélect ("Sélect") referred to as "your Service Provider". The
Website and its associated products and services (collectively, the
"Services") are offered by your Service Provider through Web pages at
the URLs http://www.selectnetwork.ca
and pages linked thereto which include a footer link to this terms of
use. Please Note: Your use of certain services provided directly to you
through the Website (eg. Google Documents, Adobe Documents, etc ) are
governed by separate terms.
Portions of the Services may be governed by additional posted
guidelines, conditions, policies, rules, or other terms and conditions
("Additional Rules"). All Additional Rules are hereby incorporated by
reference into these terms of use. In the event of a conflict between
any Additional Rules and these terms of use, these terms of use shall
control. However the Privacy section below supersedes any conflicting
language in these terms of use and/or any Additional Rules with respect
to the subject matter covered by the Privacy Policies.
By accessing the Website or using any of the Services, you agree,
without limitation or qualification, to be bound by these terms of use
and the Additional Rules, as all of the same may be modified by your
Service Provider from time to time by posting such updated terms of use
or Additional Rules on the Services (collectively the "Terms of Use").
If you do not accept these Terms of Use in their entirety, you may not
access or use the Services. Please note that the Terms of Use may be
updated from time to time without notice to you by posting such updated
Terms of Use on the Service, so please check back periodically. The
most current version of the Terms of Use can be found at http://www.reseauselect.com/section/conditions.aspx
Because the Terms of Use contain legal obligations, please read them carefully.
2. Privacy and Personal Information
For information on how this and other user information is collected,
used and disclosed by your Service Providers, during your use of the
Services please consult our Privacy Policies.
3. No Commercial Use of the Services
The Services are only for your personal use. You will not use the
Services for commercial purposes and you agree not to resell,
distribute, transfer, share or otherwise use the Services or any
portion of the Services, including any coupons or credits related to
same for any commercial purposes whatsoever.
4. Registration, Accounts and Passwords
Certain of the Services and related features, such as the Online
Estimator, made available over the Services may require registration
and may be governed by a specific service agreement accompanying such
service. If you receive access to a service that is not accompanied by
a separate service agreement, then should you choose to register for
such Services or related features, you agree to provide accurate and
current information about yourself as required by the relevant
registration process, and to promptly update such information as
necessary to ensure that it is kept accurate and complete. You agree to
be responsible for: (a) maintaining the confidentiality of any
passwords or other account identifiers which you choose or are assigned
as a result of any registration over the Services, and (b) all
activities that occur under such password or account. Further, you
agree to notify your Service Provider of any unauthorized use of your
password or account. Your Service Provider 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 failure
to comply with this Section 4.
5. Rules and Conduct
In addition to any Additional Rules and in consideration of the availability and your use of the Services, you agree not to:
a. post, transmit, link to, or otherwise distribute any
information constituting or encouraging conduct that would constitute a
criminal offense or give rise to civil liability, or otherwise use the
Website or any of the Services in a manner which is contrary to law or
which would serve to restrict or inhibit any other user from using or
enjoying the Website, the Services or the Internet;
b. defame, abuse, stalk, harass, threaten or otherwise violate the
legal rights of others, including without limitation, rights relating
to privacy and publicity;
c. post, transmit, link to, or otherwise distribute any
inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful material or information;
d. post, transmit, link to, or otherwise distribute any information
or software which contains a virus, cancelbot, trojan horse, worm or
other harmful or disruptive component;
e. upload, post, publish, transmit, reproduce, link to or otherwise
distribute in any way, information, software or other material obtained
through the Website or the Services, or any derivative work thereof,
which is protected by copyright, or any other intellectual property
right, without obtaining permission of the copyright owner or
rightholder; and
f. impersonate or falsely represent your association with any
person, including a representative or forum moderator of your Service
Provider.
6. Responsibility for Minors
In cases where you have authorized a minor to use any of the Services,
you recognize that you are fully responsible for: (i) the online
conduct of such minor; (ii) controlling the minor's access to and use
of any such Services; and (iii) the consequences of any misuse by the
minor. You acknowledge that some of the areas of the Services may
contain material that is inappropriate for minors. If you are a minor,
please obtain your parent's permission to utilize the Services and
please ensure that your parents review these terms.
7. Monitoring
You acknowledge that neither of your Service Provider has an obligation
to monitor the Services or any content, products or services
(collectively, "Content") accessible through the Website or any of the
Services. However, you agree that your Service Provider has the right
to monitor the Services electronically from time to time and to
disclose any information as necessary to satisfy any law, regulation or
other governmental request, to operate the Website or any of the
Services properly, ensure compliance with the Terms of Use or to
protect itself or its users in accordance with the Privacy Policies.
Your Service Provider reserves the right to refuse to post or to remove
any information or materials, in whole or in part, that, in its sole
discretion, are unacceptable, undesirable, or in violation of the Terms
of Use. Under no circumstances shall your Service Provider 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,
any use of, or access to, any such Content.
8. Dealings with Third Parties
You acknowledge and agree that your correspondence or business dealings
with any third parties, including any merchants or advertisers, found
on, or through, the Website 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. Your Service Provider
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 your Service Provider shall 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, any of such
dealings or transactions.
9. Software Downloads and Shareware
Your use of any software associated with the Services will be governed
by the terms and conditions of the end user license agreement ("EULA")
accompanying such software. If you receive any software that is not
accompanied by a EULA, then your Service Provider grants to you a
non-exclusive, revocable, personal, non-transferable license to use
such software solely in connection with the Services and in accordance
with the Terms of Use. Your Service Provider reserves all rights to
such software not expressly granted to you in the Terms of Use. Such
software is protected by copyright and other intellectual property laws
and treaties. Your Service Provider or their suppliers own the title,
copyright, and other intellectual property rights in such software, and
such software is licensed, not sold. You will not disassemble,
decompile, or reverse engineer, such software, except and only to the
extent that such activity is expressly permitted by applicable law.
The Services may also allow you to search for software that has been
made available for downloading by various third parties. Such software
is made available to you by such third parties subject to the terms and
conditions made available to you during the software installation
process. You agree that it is your responsibility to review and
evaluate any such software and the related terms and conditions, and
that all risk associated with the use of, or reliance on, such software
rests with you. You further agree that your Service Provider, including
their 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, any such
software, including the failure of such software to meet your needs,
standards, expectations or specifications.
10. Disclaimer Regarding Third Party Content
The Services offers access to numerous third party web pages and
content available over the Internet. In such instances, including, but
not limited to, third party content contained on or accessible through
the Services websites and web pages or sites displayed as search
results or contained within a directory of links on the Services, your
Service Provider generally exercises no control over such third party
content, web pages, or sites. You agree that it is your responsibility
to review and evaluate any such content, and that any and all risk
associated with the use of, or reliance on, such content rests with
you. You are responsible for viewing and abiding by the terms of use
and privacy policies posted at these third party web pages, including
but not limited to web casting or any other transmission. Inclusion of
a link to third party content does not imply endorsement by your
Service Provider of such content. You further agree that your Service
Provider 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, any such content.
11. Professional Information Disclaimer
The Services makes available certain information provided by third
parties related to various professional fields such as, without
limitation, circulation data, demographics, postal code distribution
data, etc (the "Professional Information"). The Professional
Information is provided for educational purposes only and should not be
interpreted as a recommendation for a specific treatment plan, product
or course of action. Use of the Services does not replace consultations
with a qualified relevant professionals. In addition, while the
Professional Information is frequently updated, this information
changes rapidly and therefore, some of the Professional Information may
be out of date. You agree that all risk associated with the use of, or
reliance on, any of the Professional Information rests with you. You
further agree that neither of your Service Provider, including their
respective suppliers, shall 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, any such
Professional Information.
12. User Content
In respect of any and all content you elect to post on the Services
which is accessible by the general public, such as on public forums
operated by your Service Provider, you grant your Service Provider a
world-wide, royalty-free, nonexclusive, and unrestricted license to
use, copy, adapt, transmit, publicly display and perform, distribute
and create compilations and derivative works from such content in
connection with the Service. Such license shall apply with respect to
any form, media, or technology now known or later developed and shall
terminate at the time you delete such content from the Service.
With respect to any and all content you elect to post or transmit using
the Services, you agree that your Service Provider may preserve and
disclose any content associated with your account where required to do
so by law or where such preservation or disclosure is reasonably
believed by your Service Provider to be necessary to ensure compliance
with the law, enforce the Terms of Use or protect the rights and
interests of your Service Provider or any other person.
13. Service Modifications
You acknowledge and agree that your Service Provider reserves the right
at any time to modify or discontinue (with respect to an individual
user or all users) any of the Services with or without notice to you,
and that your Service Provider will not be responsible or liable,
directly or indirectly, to you or any other person in any way for any
loss or damage of any kind incurred as a result of, or in connection
with, any such modifications or discontinuance.
14. Termination
You acknowledge and agree that your Service Provider, in its sole and
absolute discretion, may, without notice to you, suspend or terminate
your account or your use of, or access to, any of the Services, and
remove and discard any information or content related to such Service
(and your use thereof), for any reason, including where your Service
Provider believes that you have violated any of the Terms of Use, or
where your account has been inactive for any period of time. You
further agree that your Service Provider shall not be liable to you or
to any other person as a result of any such suspension or termination.
Upon termination your right to use the Services immediately ceases.
If you are dissatisfied with the Website, any of the Services or with
any terms, conditions, rules, policies, guidelines, or practices of
your Service Provider in operating the Website and the Services, your
sole and exclusive remedy is to discontinue using the Website and the
Services.
15. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE WEBSITE AND THE
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT
YOUR SERVICE PROVIDER, THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES,
RESELLERS, DISTRIBUTORS, CONTRIBUTORS, AGENTS AND/OR SUPPLIERS,
OFFICERS, DIRECTORS NOR EMPLOYEES (THE "SERVICE PROVIDER PARTIES")
MAKES ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this
section "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH
WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) THE SERVICE
PROVIDER PARTIES SPECIFICALLY MAKE NO WARRANTIES THAT THE WEBSITE OR
ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR
SERVICES OBTAINED FROM OR THROUGH THE USE OF THE WEBSITE OR THE
SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY SERVICE
PROVIDER PARTY, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR
OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH PARTY, HAD BEEN
ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES,
ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR
PERFORMANCE OF ANY OF THE SERVICES OR THE WEBSITE, OR (B) ANY
UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR
TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY
OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS
DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL
PURPOSE.
17. Indemnity
You agree to defend, indemnify and hold each of the Service Provider
Parties harmless from any and all liabilities, claims, costs and
expenses, including reasonable attorneys' fees, related to or in
connection with your, or any user of your accounts: (a) violation of
the Terms of Use, or (b) use of the Website or any of the Services, or
(c) placement, posting or transmission of any message, information,
software or other content on the Website or through any of the Services.
18. No License; Intellectual Property of your Service Provider and Others
Except as expressly provided, nothing herein or within any of the
Services shall be construed as conferring any license under any of your
Service Provider or any third party's intellectual property rights,
whether by estoppel, implication, waiver, or otherwise. Without
limiting the generality of the foregoing, you acknowledge and agree
that certain content available through and used to operate the Website
and Services is protected by copyright, trademark, patent, or other
proprietary rights of the Service Provider Parties. You agree not to
adapt, translate, modify, decompile, disassemble, or reverse engineer
any software, applications or programs used in connection with the
Services or the Website. Further, you agree not to modify, alter, or
deface any of the trademarks, service marks, or other intellectual
property made available through the Services nor use any of the
forgoing for any purpose other than the purpose for which such
intellectual property is made available to users through the Services.
19. Trademarks
SelectNetwork.Ca, Réseau Sélect and their associated logos are
registered trademarks of Réseau Sélect. All other product, brand and
company names and logos used on the Services are the trademarks or
registered trademarks of their respective owners. Any use of any of the
marks appearing on the Services without the express written consent of
your Service Provider or the owner of the mark, as appropriate, is
strictly prohibited.
20. Territory
The Services is only intended for use by users located within Canada.
21. Miscellaneous
The Terms of Use constitute the entire agreement between your Service
Provider and you pertaining to your use of the Services and, except as
specifically set forth herein, supersede any prior agreements between
you and your Service Provider relating to the Services. Your Service
Provider may assign these Terms of Use, in whole or in part, at any
time. Your Service Provider’s failure to insist upon or enforce strict
performance of any right or provision of the Terms of Use shall not
constitute or be construed as a waiver of any right or provision. If
any of the provisions (or parts thereof) contained in the Terms of Use
are determined to be void, invalid or otherwise unenforceable by a
court of competent jurisdiction, such determination shall not affect
the remaining provisions (or parts thereof) contained herein. The Terms
of Use shall be governed by and construed in accordance with the laws
of the province of Quebec and the federal laws of Canada applicable
therein. The parties have required that the Terms of Use and all
documents relating thereto be drawn up in French. Les parties ont
demandé que cette convention ainsi que tous les documents que s`y
rattachent soient rédigés en français. In the event of a conflict between the English and French version of these terms, the French version shall prevail.
|
New on Select Network ?
Create an Account
|