TERMS AND CONDITIONS
Version Effective Date: September 1, 2018
PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT” OR “TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THE SERVICE OFFERED BY GET READY ONLINE INC (“COMPANY”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES AND APPLICATIONS OWNED AND/OR OPERATED BY COMPANY FOR USE IN DELIVERING SERVICE TO SUBSCRIBERS WITH BILLING ADDRESSES IN CANADA, INCLUDING, WITHOUT LIMITATION, THE WWW.GETREADYONLINE.COM WEBSITE, AND ANY OTHER SUB-DOMAINS THEREOF AND ALL MOBILE APPLICATIONS AND OTHER METHODS OF CONTENT DISTRIBUTION (“SITES”), AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE COMPANY IN CONNECTION THEREWITH (COLLECTIVELY, WITH THE SITES, “SERVICE”). BY USING THE SITES OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS OR ANY FUTURE TERMS AND CONDITIONS, DO NOT USE (OR CONTINUE TO USE) THE SERVICE. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICE ON THE SITES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY SERVICE AND CONTENT PROVIDED TO YOU THROUGH THE SERVICE, ARE BEING PROVIDED TO YOU BY COMPANY IN THESE TERMS AND CONDITIONS, “RESIDENT OF QUEBEC” MEAN REDISDENTS OF QUEBEC TO WHO THE CONSUMER PROTECTION ACT (QUEBEC) APPLIES IN CONNECTION WITH THE USE OF A SITE OR SERVICE.
1. Description of Service.
The Service is operated by GET READY ONLINE INC. The Service includes the Sites that provide you access to a variety of content and information, including content delivered to you through multiple electronic interfaces including the Sites, mobile applications, web applications or “widgets” and other applications.
2. Acceptance of Terms and Conditions and Monitoring of Compliance with Terms and Conditions.
Company retains the right to monitor the Service to determine a user’s compliance with these Terms and Conditions, including without limitation the number of downloads, and any operating rules established by Company, and to satisfy any law, regulation or authorized government request.
If you do not abide by the Terms and Conditions you agree that Company may immediately cancel or terminate your access to the Service (or any part thereof), deactivate or delete your Company-specific user account, if any, and all related information and/or files in your user account and/or bar any further access to such information and/or files and/or the Service (or part thereof).
3. Registered User
As a condition to using certain aspects of the Service, you will be required to register with Company (and create an account (“Registered User”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms and Conditions, which may result in immediate termination of your account.
You represent that you are of the age of majority in the jurisdiction in which you reside, or 13 years old or older up to the age of majority in the jurisdiction in which you reside with the express written consent of your parent or legal guardian, and are not a person barred from receiving services under the laws of the Province of Ontario and the federal laws of Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof);
Registered Users will setup a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session.
4. Modification of Terms and Conditions and/or the Service.
Company reserves the right, at its sole discretion, to amend, modify or replace any of the Terms and Conditions, or change, suspend, impose limits on certain features and services or restrict your access to parts or all of the Service (including without limitation, the availability of any feature, database, or content) at any time but upon no less than thirty (30) days prior written notice to you by letter, e-mail, text message, bill message or other communication. If you do not accept such change, your sole remedy is to terminate the Service within thirty (30) days of your receipt of our notice of change (unless we specify a different notice period) by sending us a notice to that effect no later than 30 days after the amendment takes effect. Your continued use of the Service following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. You agree that Company shall not be liable to you or to any third party for any modification of the Terms and Conditions.
All content from the service is copyrights by Get Ready Online Inc.
6. Restrictions on Use
These Terms and Conditions apply to all users of the Service, whether or not you are a Registered User.
You shall use the Service for lawful purposes only. The Service (including, without limitation, any Content, or User Submissions as defined below) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms and Conditions, the term “Content” includes, without limitation, any Publications, advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service by Company, or Company’s other partners.
By way of example, and not as a limitation, you shall not (and shall not authorize or permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
impersonates any person or entity, including any employee or representative of Company.
You shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Service, you automatically grant, or warrant that the owner of such material has expressly granted Company the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Service to access, view, store or reproduce the material for that user’s personal use. You grant Company the right to edit, copy, display, publish and distribute any material made available on the Service by you.
You may not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:
(a) accessing data not intended for you, including logging into a server or account which you not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization;
(c) using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
(d) Additionally, you shall not:
take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); run Mail list, Listserv, any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.
conducting a reverse look-up, tracing or seeking to trace any information on any other user, Registered User or visitor to the Service, or any other customer of Company, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service;
attempt to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mail bombing” or “crashing”;
forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede Company’s ability to monitor or make available the Service; or
take any action in order to obtain services to which you are not entitled.
decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; modify, translate, or otherwise create derivative works of any part of the Service; or copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user (whether or not a Registered User) who is involved in such violations.
You are responsible for all of your activity in connection with the Service. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Service. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Service. Use of the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited.
Company reserves the right to remove any Content from the Sites or Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms and Conditions), or for no reason at all.
7. Limitation on Use.
You shall not login to the Service for the purpose of consuming any Publication to more than 1 device. Company reserves the right, but not the obligation, to monitor the Service to determine compliance with these Terms and Conditions, including without limitation the number of downloads, and any operating rules established by Company, and to satisfy any law, regulation or authorized government request.
8. Third Party Software.
You acknowledge that software you may download from the Site or through the Service (“Software”) includes certain third-party software which is governed by the applicable license terms thereof. A Complete list of such third-party software included in the Software, including the applicable terms governing such third-party software, can be found at https://getreadyonline.com/term-and-conditions/. The use of the third-party software bundled within the Software is subject to the provisions of such license agreements, and in the event of any contradiction between the provisions of this Agreement and the provisions of such applicable license agreement, the provisions of the applicable third-party license agreement shall prevail solely with respect to that specific third-party software component. Neither Company nor our third-party software provided make any indemnity, representation or warranty with respect to any third-party software included within the Software.
9. Fees and Payment.
Company requires payment of fees for certain features of the Service. Should you elect to subscribe to such features (“Subscriptions”), you shall pay all applicable fees, as described on the Sites in connection with such features. Company reserves the right to change its price list and to institute new charges at any time, upon 30 days prior written notice to you by letter, e-mail, text message, bill message or other communications. You shall pay for such Subscriptions with a credit card or other payment method accepted by Company, that you elect during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity, you may edit your Payment Method information by clicking on My Account in your device application. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue to charge or invoice you, and you will remain responsible for any uncollected amounts, or, at our sole discretion, we may cancel or suspend your account and ability to access the Service. All fees paid hereunder are non-refundable (not applicable to residents of Quebec: If you are a resident of Quebec and you cancel a Subscription in accordance with Section 13, then you will be refunded a portion of your last paid Subscription fee (plus applicable taxes) for any days between your cancellation date and the commencement sate of your next renewal period. Residents of Quebec who wish to terminate their Service must do so by contacting the Company at the contact information provided in Section 26.
As used in these Terms of Conditions, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. Customers will receive free content updates for a period of one year from the date of the initial purchase. In app-purchases will be available form time-to-time as guidelines change and new treatment guidelines become available. The in-app Content updated will be free and included in the initial purchase for a period of one year, after the first year, in-app purchases will provide the customer the option to update their content. The customer may elect not to update their content.
10. Interactions with Third Parties.
The Service may permit you to link to other websites or resources on the Internet that are not owned or operated by Company, and other websites or resources that are not owned or operated by Company may contain links to the Sites and Service. When you access third party websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third-Party Service relating to your use of the Service and that you will act in accordance with those policies, in addition to your obligations under this Agreement. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
11. Company and Site Content.
You agree that the Service contains Content specifically provided by Company, Company’s other partners, and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice.
12. User Submissions and Content from Third Party Sites.
The Service may also provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, works of authorship or other information to the Service (“User Submissions”). By posting User Submissions on or at any of the Sites or otherwise through the Service:
You hereby do and shall grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform, and otherwise fully exploit (“Use”) the User Submissions in connection with the Sites, the Service and Company’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Sites and/or the Service a non-exclusive license to access your User Submissions through the Sites and the Service, and to Use such User Submissions as permitted through the functionality of the Sites and the Service and under these Terms and Conditions. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
You represent and warrant (and will promptly demonstrate to Company’s satisfaction upon request): (a) that you own or otherwise control all rights to Use such User Submissions and that disclosure and Use of such User Submissions by Company (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party, including without limitation any privacy, publicity, contract or other rights of any person or entity; (b) that You have the permission to Use the name and likeness of each identifiable individual person and to Use such individual’s identifying or personal information, such as his or her username(s), on the Service; and (c) that You are authorized to grant all of the aforementioned rights to the User Submissions to Company and all users of the Service;
You agree to pay all royalties and other amounts owed to any person or entity due to your Use of any User Submissions on the Service; and
You understand that Company shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You understand that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such content originated.
Company has the right, but not the obligation, to monitor the Site, Service, Content, or User Submissions. Company may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Company does not guarantee the accuracy, completeness or usefulness of any Content. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any loss or damage caused by your reliance on information obtained through the Service or from the Content, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, e-mailed, accessed, transmitted or otherwise made available via the Service.
Company may restrict, suspend or terminate any aspect of the Service or your access to all or any part of the Service at any time, with or without cause, upon no less than (i) 60 days advance written notice to you where your billing address is in the provinces of Québec or Newfoundland and Labrador; or (ii) (30) days advance written notice to you where your billing address is in the rest of Canada outside of the provinces of Québec and Newfoundland and Labrador. Any such notice will be provided to you at your billing address. Termination may result in the forfeiture and destruction of all information associated with your membership. Applicable charges continue to apply until the end of the notice period or until the Service is no longer accessible to you, whichever is later. If you wish to terminate your account, you may do so by following the instructions on the Sites. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Warranty Disclaimer.
A. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER COMPANY, THIRD PARTY CONTENT PROVIDERS, THEIR RESPECTIVE AFFILIATES, EMPLOYEES, AGENTS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE.
B. THE SERVICE (INCLUDING WITHOUT LIMITATION THE CONTENT) IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE.
A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games or other electronic content. These seizures have a variety of symptoms, including light-headedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Sites and Service and consult a doctor.
You shall indemnify, and hold harmless Company, its affiliates and each of its, employees, contractors, directors, agents, suppliers and representatives from all liabilities, claims, and expenses, including reasonable legal fees, and any other litigation expenses that arise from or relate to (i) your use or misuse of, or access to, the Sites, Service, Content or otherwise from your User Submissions, (ii) your violation of the Terms and Conditions, or (iii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.
16. General Content Disclaimer
The content provided by or through the Service is for information purposes only, and should not be relied upon. Company makes no representations oe warranties concerning the accuracy, reliability, usefulness, or timeliness of such Content. Local jurisdictional content may vary, you should independently verify all Content and other information that you access through the Service with your local jurisdiction authority. By using the Service, you agree that Company shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current or complete, or (3) the consequences of any action that you or any other person takes or fail to take based on any Content or otherwise as a result of your use of the Service. Your use of or reliance on any Content is at your own risk.
17. Literary Works.
All literary works at https://getreadyonline.com are the exclusive property of the Participating Publish or licensors and is protected by copyright and other intellectual property laws. The download of these literary works is intended for Company’s Registered Users’ personal and non-commercial use. Any other use of literary works downloaded from https://getreadyonline.com is strictly prohibited. Registered Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of these literary works, in whole or in part. By downloading literary works from https://getreadyonline.com, the Registered User hereby acknowledges and agrees to these terms.
18. Public Domain.
Company does not verify the accuracy of public domain designation (if any) and is not liable for any damages that may result from the downloading of other use or such literary works by you. If toy do not reside in the relevant jurisdiction for which the public domain designation has been made, it is your responsibility to check the laws of your country of residence prior to downloading or accessing such literary works.
19. Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICE (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE, (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF ONE-HUNDRED CANADIAN DOLLARS ($100.00) OR THE FEES PAID BY YOU FOR THE SERVICE AND ANY PRODUCTS OR SERVICE PURCHASED THROUGH THE SERVICE DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM OR (V) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL.
20. International Use
Company makes no representation that the Content is appropriate or available for use in locations outside of Canada, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations outside Canada, you do so at your own initiative and risk and are responsible for the compliance with local laws.
21. Dispute Resolution.
A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Company agree that any cause of action arising out of or related to the Service must commence within two (2) years after the cause of action arose; otherwise, such cause of action is permanently barred.
22. Integration and Severability.
The Terms and Conditions are the entire agreement between you and Company with respect to the Service and use of the Sites and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Sites. If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Terms and Conditions are personal to you, and are not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms and Conditions, the prevailing party will be entitled to recover costs and reasonable legal fees. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
24. Governing Law
Any disputes arising hereunder shall be governed by the laws of the province of Ontario, and the federal laws of Canada applicable therein, without giving effect to their conflict of laws principles, and you submit to the exclusive jurisdiction of the courts of such province (including the Federal Court). Please note that your rights and remedies may vary by province.
25. Copyright and Trademark Notices.
Unless otherwise indicated, the Terms and Conditions and all Content provided by Company are protected by copyright, © GET READY ONLINE INC. All rights reserved.
GET READY ONLINE, Get Ready and GR are either trademarks or registered trademarks of Company. The names of actual companies and products mentioned at the Sites and through the Service may be the trademarks of their respective owners.
You may contact Company at: firstname.lastname@example.org.
These Terms and Conditions have been drawn up in the English language at the express request of the parties.