1. Non-Commercial Use.
The Sites are for personal and non-commercial use. All content included in the Sites, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, video clips, software and links to external websites (the "Content"), is provided for informational purposes only.
2. Warranty Disclaimer.
The Companies intend for the Content on the Sites to be accurate and reliable, however, the Sites and the Content are provided to you on an "as is" and "as available" basis and without warranty or condition of any kind, whether express or implied. In particular, the Companies do not control the Content posted by users on the Sites and make no representation or warranty whatsoever regarding the accuracy or completeness of any data or information accessible on or through the Sites. Furthermore, to the fullest extent permissible pursuant to applicable law, the Companies, their respective affiliates, and their respective officers, directors, employees, affiliates, suppliers, advertisers, representatives and agents disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement, freedom from computer viruses, warranties arising from course of dealing or course of performance, merchantable quality and fitness for a particular purpose. The Companies expressly disclaim any representation or warranty that the Sites will be free from errors, viruses or other harmful components, that communications to or from the Sites will be secure and not intercepted, that the services and other capabilities offered from the Sites will be uninterrupted, or that its content will be accurate, complete, adequate or timely. Any material downloaded is at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
3. Liability Disclaimer.
Without limiting the foregoing, the Companies expressly exclude (and you hereby release the Companies from) any liability for any of the following:
• fraud by any user of the Sites;
• any misrepresentation by a third party (whether innocent or fraudulent) made in respect of the Sites and/or the content therein;
• any failure by the Companies to ensure that they do not breach any copyright or other intellectual property right of any third party;
• any link on the Sites to any other site; and
• loss or damage caused by delay or errors in, or the downtime of, the Site (or servers) or resulting from interruption, termination, or failed operation of the Internet or a third-party telecommunication service, even in the event that the Companies have been advised of the possibility of such loss or damage.
In no event shall the Companies or its affiliates, licensors, suppliers, advertisers, agents or sponsors, be responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, tort, extra-contractual liability, strict liability or other theory, arising out of or in connection with the use or performance of the Sites or any other site you or users of your account may access while using the Sites or your use or the use by users of your account of the Content, even if advised of the possibility of such damages.
4. Dealing with Third Parties.
Any correspondence or business dealings with any third parties including merchants, sellers, buyers or advertisers found on, or through, the Sites is solely between you and such third parties, and the Companies have no control over the quality, legality or inappropriate nature of the Content advertised, the truth or accuracy of any representations made by sellers, the ability of sellers to sell and the ability of buyers to purchase. The Companies are not responsible for any loss or damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not the Companies, are responsible for compliance with all laws applicable in any such transaction.
6. Prohibited Use of the Sites.
You shall not use the Sites in any way that would interfere with their operation nor submit any content to the Sites which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable laws. You shall not post, upload, publish, transmit or otherwise distribute on or through the Sites any information or other materials that:
• could constitute a criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, racism, assault, or fraud;
• could defame, abuse, harass, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy, publicity, moral or statutory or any other rights of any person, including, without limitation and for greater certainty, the Companies and their respective affiliates;
• could infringe the intellectual property rights including, without limitation, any copyright, trade-mark, or patent, of any person, including, without limitation and for greater certainty, the Companies and their affiliates;
• could be considered as a use of the Sites that is contrary to law or electronic etiquette, or which would adversely impact the use of the Sites or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components;
• contain any distasteful or offensive material including, but not limited to, material intended for an adult audience;
• contain: (i) falsehoods or misrepresentations (ii) commercial content, including without limitation, advertising, solicitation, offers to sell any products, goods or services, or (iii) unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, which prohibition includes but is not limited to (a) using the Sites to send messages to people who don’t know you or who are unlikely to recognize you as a known contact or who have not consented to receiving electronic messages from you in accordance with applicable anti-spam legislation; (b) using the Sites to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases; or (iii) surveys or contests; or
• encourage, conspire, entice or promote the occurrence of any of the prohibited conduct stipulated herein.
The Companies do not endorse any submission or any opinion, recommendation or advice that you may submit on or through the Sites and the Companies expressly disclaim any and all liability in connection with your submissions to the Sites.
The Companies reserve the right to remove any information that you post, upload, publish, transmit, distribute or otherwise use on the Sites, in whole or in part, at any time, at its sole discretion and without prior notice.
By posting, uploading or submitting any information, material or content to the Sites, you automatically grant (or warrant that the owner of the rights to such material or content has expressly granted you the rights to grant) the Companies a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, royalty-free right to use, reproduce, modify, adapt, improve, create derivative works from, publish, remove, retain, add, process, analyze, translate, license, transmit, distribute and otherwise exploit any or all portions of such information, material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all moral rights in any such information, material or content posted, uploaded or submitted by you.
8. Web Scraping/Harvesting.
You may only use or reproduce the Content for your own personal and non-commercial use. The framing, scraping, data-mining, extraction or collection of the Content of the Sites in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this Sites.
9. Hyperlinking to the Sites.
You may create a link (the "Hyperlink") to one or more of the Sites provided that:
• you do not replicate any of the Content of the Sites;
• you do not create a frame or any other bordered environment around the Sites or the Content contained in the Sites;
• the Hyperlink shall not imply any endorsement of any products, goods or services; and
• the website linking to the Sites does not contain any information, content or material that would interfere with the operation of the Sites nor which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable laws.
The Companies may withdraw your right to hyperlink to the Sites at any time in their sole discretion.
10. Links to Third Party Websites.
Links available on the Sites will allow you to link to websites or resources not maintained or controlled by the Companies. The Companies provide these links for your convenience only and make no endorsements, warranties or representations of any kind whatsoever regarding those other websites and expressly disclaim all responsibility for content on third party websites. The Companies have neither reviewed nor approved any content that appears on such other websites. Please be aware that you link to these third party websites at your own risk. You acknowledge and agree that the Companies shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
All Content published on or otherwise accessible through the Sites, including without limitation, all texts, designs, images, photographs and other information, is protected under Canadian and other copyright laws to the maximum extent permitted. The Content, and the copyright in the Content, are owned or controlled by the Companies and/or its affiliates, licensors, suppliers, representatives or agents (each a “Copyright Holder”). The Companies grant you a limited license to display or print the Content for your own personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell these materials in any form or manner without the express written permission of the Copyright Holder(s) of the Content. You must abide by all copyright notices, information and restrictions contained in any Content on, or accessed through, the Sites and maintain such notices in the Content. The Companies do not warrant or represent that your use of materials displayed on, or obtained through, the Sites will not infringe the rights of third parties.
MetCap LivingTM, MetCap Living Management Inc.TM are trade-marks of either of the Companies in Canada. All other products, services and company names mentioned in the Sites may be trademarks of either of the Companies and/or their affiliates or their respective owners. You shall not use any trademark displayed on the Sites without the express written permission of the applicable Company or the relevant owner of the trademark.
13. Changes and updates.
14. Registered User Accounts.
In order to access certain parts of the Sites, you may have to register as a user with the Companies. During registration for a user account (“Account”), you will select a password and account name. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify the Companies of any unauthorized use of your password or account or any other breach of security, and (b) log out from your account at the end of each session. The Companies will not be liable for any loss or damage arising from your failure to comply with this section.
15. Applicable Law.
Last updated: July 2018.