Legal Terms of Use

Terms Of Use

These are the terms of use (the “Terms of Use“) for hoyes.com (the “Site“). It holds for all pages on this site, and only on this site – pages reached via one of the external links are not obligated to hold to our Terms of Use, and you should check their respective terms of use – this includes all member pages hosted at our site but not run by our staff.

Please read these Terms of Use carefully before using the website owned by Hoyes, Michalos & Associates Inc. (the “Company” or “we“). By using the Site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use the Site.

1. Trade Marks, Copyrights and Restrictions

The Site is controlled and operated by the Company. The entire content included in the Site, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, sounds, video clips, software and links to external website (the “Content”), is provided for informational purposes only. Use of the Content for any other purpose is a violation of copyrights and other proprietary rights.

All Content is protected by copyrights are owned and controlled by the Company or by other parties that have licensed their material to the Company (the “Copyrights”). Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted or distributed in any way. For purposes of this Terms of Use agreement, the use of any such material on any other site or networked computer environment is prohibited.

The Content is not intended to provide specific financial, investment, tax, legal or accounting advice for you, and should not be relied upon in that regard. You should not act or rely on the Content without seeking the advice of a professional. Please use caution and common sense when using the Site.

2. Privacy

The Company’s Privacy Policy is a binding and integral part of these Terms of Use.

3. Internet Email

Any unprotected e-mail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail), not confidential, subject to possible interception or loss, and is also subject to possible alteration. The Company is not responsible for and will not be liable to you or anyone else for any damages in connection with an e-mail sent by you to the Company or an e-mail sent by the Company to you at your request.

4. No Endorsements

No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any Content.

5. Personal Information

While the Company shall take all reasonable efforts to protect your personal information in its care, under no circumstances shall the Company throughout, its directors, officers, employees or contractors be responsible or liable for any loss or damages whatsoever, including (without limiting the generality of the foregoing) any direct, indirect, incidental, special, punitive or consequential damages, arising from or in connection with any error, omission, interruption, deletion, defect, delay in operation or transmission, problems or technical malfunction relating to any computer online systems, servers or providers, computer equipment, software, communications line failure, theft or destruction or unauthorized access to, or alteration of personal information held by the Company.

6. Dealing with Third Parties

The Company, whether or not affiliated with such site, is not responsible for the content of any site linked to the Site (the “Linked Sites“). The Linked Sites are for your convenience only and you access them at your own risk. Any correspondence or business dealings with any third parties including merchants, sellers, buyers or advertisers found on, or through, the Site is solely between you and such third parties, and the Company has no control over the quality or legality 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 Company is not responsible for any 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 Company, are responsible for compliance with all laws applicable in any such transaction.

Links to downloadable software sites are for convenience only and the Company is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

7. Disclaimer

The materials on the Site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantable quality and fitness for a particular purpose. The Company does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes them available are free of viruses or other harmful components. The Company does not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of their correctness, accuracy, reliability or otherwise. You (and not the Company) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The material that you read on the Site is provided solely for informational purposes. The information and opinions expressed in bulletin boards, chat rooms or other forums conducted on the Site are not necessarily those of the Company or its affiliated or related entities or content providers and the Company makes no representations or warranties regarding that information or those opinions. Furthermore, neither the Company nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based on or resulting from any information or opinions provided on the Site.

8. Submissions

By posting, uploading or submitting any information, material or content to the Comments of Forum sections of the Site, you automatically grant (or automatically warrant that the owner of the rights to such material, information or content has expressly granted) the Company a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, 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 to the Comments of Forum section of the Site.

The Company is not responsible for any material you post on our Site. You shall not submit or otherwise publish any material which:

i. libels, defames, invades privacy, or is obscene, pornographic, abusive or threatening;
ii. infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trade marks;
iii. violates any law;
iv. advocates illegal activity; or
v. advertises or otherwise solicits funds or is a solicitation for goods or services.

The Company has the right to remove any material from the Site that the Company considers violates this provision.

9. Web Scraping/Harvesting

The framing, scraping, data-mining, extraction or collection of the Content of the Site in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on the Site.

10. Hyperlinking to the Site

You may create a link (the “Hyperlink”) to the Site provided that:

a. you do not replicate any of the Content of the Site;

b. you do not create a frame or any other bordered environment around the Site or any of the Content contained on the Site;

c. the Hyperlink shall not imply any endorsement of any product or services;

d. the website linking to the Site does not contain distasteful or offensive material including, but not limited to, material intended for an adult audience and pornographic material; and

e. the website linking to the Site does not contain any information, content or material that would interfere with the operation of the Site nor which libels, defames, invades privacy, is obscene, abusive or threatening, infringes intellectual property laws or violates any other laws.

The Company may withdraw your right to link to the Site at any time in its sole discretion.

11. No Liability

The Company is not responsible for and will not be liable to you or anyone else for any damages whatsoever (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with your use of or inability to use the Site or the Content, or any action or decision made by you in reliance on the Site or the Content, or any unauthorized use or reproduction of the Site or the Content, even if the Company has been advised of the possibility of these damages.

12. Indemnity

You acknowledge and expressly agree that use of the Site is at your sole and own risk. You agree to defend, indemnify and hold the Company and its affiliates as well as its respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Terms of Use by you or users of your account, or in any way arising out of the use of the Site, including without limitation, the placement or transmission of any information or other materials on the Site by you or users of your account.

13. E-Mail and Postings Received

Do not post any threatening or libelous e-mails or material on the Site that would be considered a violation of any law. The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such e-mails or materials.

14. Changes

The Company reserves the exclusive right to modify these Terms of Use at any time. Non-material changes and clarifications will take effect immediately. Material changes will take effect 30 days after their posting. The posting date of the Terms of Use is set out at the bottom of this document. Any continued use of the Site will be deemed conclusive of your acceptance of the modified Terms of Use.

15. Miscellaneous

Any service order or transaction performed on or through the Site may be subject to additional terms and conditions. The Terms of Use of the Site and all other documents referenced herein constitute the entire agreement between the Company and you with respect to your use of the Site. The Company’s failure to insist upon, or enforce strict performance, of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of these Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. The parties have required that these Terms of Use and all related documents be drawn up in English. Les parties ont demandé que ces termes et conditions ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

16. Jurisdiction

The Site is administered by the Company from its offices in Canada. The Site will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with the Site shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site.

Posting Date: 30/06/2014