Terms of Service
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WHEREWOMENCONNECT.COM WEBSITE.
INTRODUCTION
Welcome to the WhereWomenConnect.com Website. By using this Website, or any of the products or services available on this Website (collectively the "Services"), you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with this Website, all as may be modified by us from time to time in our sole discretion (collectively, the "Terms and Conditions"). If you do not agree with these Terms and Conditions, you may not use the WhereWomenConnect.com Website or any of the Services on this Website.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of this Website following the posting of any changes to these Terms and Conditions will mean you accept those changes.
PRIVACY
For information on how user information is collected, used and disclosed by us in connection with your use of this Website and any of the Services, please consult our Privacy Policy.
REGISTRATION, ACCOUNTS and PASSWORDS
Certain of the Services and related features made available on this Website require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription 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 or subscription this Website, and (b) all activities that occur under such password or account. Further, you agree to notify us of any unauthorized use of your password or account. We 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.
RESTRICTIONS ON USE OF MATERIALS
All material, information and content available on this Website (collectively "Content"), including the manner in which such Content is presented, and the Services are: Copyright © WhereWomenConnect.com, its affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. We grant you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through this Website or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
TRADE-MARKS
WhereWomenConnect.com and WHERE WOMEN CONNECT are trade-marks of 7122225 Canada Inc. All other product, brand and company names and logos used or mentioned on this Website or any of the Services may be the trade-marks or registered trade-marks of their respective owners. Any use of any trade-marks appearing on this Website or any of the Services without the express written consent of the owner of the trade-mark is strictly prohibited.
USER CONDUCT
In consideration of the availability, and your use, of this Website or any of the Services, you agree to comply with all applicable laws and regulations and these Terms and Conditions when using this Website or Service. You acknowledge that we may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:
* post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use this Website or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying this Website, any of the Services, or the Internet;
* defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
* post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or
* post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
FORUMS AND CONTENT SUBMISSIONS
For the purpose of maintaining and backing up this Website, you automatically grant us the right to copy all content and materials that have been posted by you on this Website.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. We cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that we reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.
DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) WHEREWOMENCONNECT.COM AND ANY OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT WE MAKE NO 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) WHEREWOMENCONNECT.COM SPECIFICALLY MAKES NO WARRANTIES THAT THIS WEBSITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THIS WEBSITE OR ANY OF 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.
MONITORING
You acknowledge that we have no obligation to monitor this Website or any content accessible through this Website or any of the Services. However, you agree that we have the right to monitor the Website electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate this Website or any of the Services properly, or to protect us or our users in accordance with the Privacy Policy.
MODIFICATIONS
We reserve the right, in our sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. If any change is not acceptable to you, you must discontinue your use of this Website and any of the Services immediately. Your continued use of this Website or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, we reserve the right to change, modify, suspend or discontinue any aspect of the Website, Services or Content from time to time without notice or liability and for any reason whatsoever.
CONTENT LINKED TO THIS WEBSITE
Please exercise discretion while browsing the Internet. Please note that certain links on this Website may take you to other websites. These links are not endorsed by us, nor are they under our control. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We are not responsible for the content of any such linked sites. Unless otherwise expressly provided, we make no representation or warranty regarding, and do not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that we 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 this Website. You agree that we are not responsible for any transaction or purchase or dealing you may have with any third party, and that we 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.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless WhereWomenConnect.com, 7122225 Canada Inc., its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on this Website, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of this Website, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from this Website or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WHEREWOMENCONNECT.COM OR 7122225 CANADA INC., INCLUDING ITS AFFILIATES AND LICENSORS, 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 WE 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 OF THIS WEBSITE, (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A WEBSITE OR ANY OF THE SERVICES.
You expressly acknowledge that we have entered into this agreement with you, and that we have made this Website, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and us. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
GOVERNING LAW / JURISDICTIONAL ISSUES
WhereWomenConnect.com is controlled, operated and administered by 7122225 Canada Inc. from within Canada. We make no representation or warranty that this Website or any of the Services are appropriate or available for use at any locations outside Canada. If you access this Website from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through this Website in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
ARBITRATION AND ACTIONS
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of this Website or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
TERMINATION
You acknowledge and agree that we, in our sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, this Website or any of the Services, and remove and discard any information or content related to this Website or any of the Services (and your use thereof), for any reason, including where we believe that you have violated any of these Terms and Conditions. You further agree that we shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with this Website or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of 7122225 Canada Inc. in operating this Website or any of the Services, your sole and exclusive remedy is to discontinue using this Website or any of the Services.
SUBMISSION OF IDEAS AND/OR SUGGESTIONS
We are always improving this Website and Services. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO US, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO US THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT WE ARE FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF WE SO DESIRE, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
GENERAL PROVISIONS
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between us and you pertaining to your use of this Website, Services and Content and supercede any prior agreements between you and us with respect to the subject matter hereof. Our failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions 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. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein.