USER AGREEMENT TO TERMS AND CONDITIONS
Please read these Terms and Conditions carefully as these are the legal terms and conditions (“Agreement”) that you agree to when you visit our Website or choose to contribute content (“Content”) including but not limited to opinions, views, articles, stories, discussions, bios, or directory profiles herein.
ACCEPTANCE OF TERMS
INFORMATION ON THIS WEBSITE
The information and Content contained on this Website are given for general information and interest purposes only. We try and ensure that the information contained on the Website is accurate and up to date however we make no warranty or representation as to the accuracy of any such information, nor do we accept any liability in connection with any such information which may or may not be correct. You understand and agree that we cannot be held responsible for any inaccuracies in the information. You should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this Website.
As a user of the Website, you agree that you will not transmit, through uploading, posting, e-mailing, or other methods, Content that is harmful, unlawful, threatening, abusive, harassing, obscene, libelous, or racially or ethnically objectionable; Content that infringes trademark, copyright, or other intellectual property of any party; unsolicited or unauthorized advertising, promotional materials, “spam”, “junk mail”, or any other forms of solicitation; material that contains software viruses or any other computer code, files, or programs designed to limit or destroy the functionality of the Website, interfere with the Website, the services, the Content, or the servers and networks connected to the Website; or disobey any requirements, policies, or regulations of those networks connected to the Website. You agree that you will not solicit passwords or personal information for commercial or unlawful purposes from other Users, engage in sale, contests, advertising, and pyramid schemes, without our prior written consent. You agree that you will not intentionally or unintentionally violate any municipal, provincial, national, or international law.
LivingInAurora.com reserves the right, but does not have an obligation, to monitor and/or to review all materials posted to our Website or through the Website services or features by users, and is not responsible for any such materials posted by users. You understand and agree that we have no obligation to and shall not be responsible for any failure to monitor, review and/or delete any materials posted to the Website or through the Website’s services or features by users. However, we reserve the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in our discretion, are objectionable or in violation of these Terms and Conditions, applicable law, our policies or for any reason whatsoever.
USE OF USER CONTENT
You are solely responsible for all Content that you upload, post, email or otherwise transmit via or to the Website, including the submission of articles, news, commentary and all other data, photographs, graphics, video, messages, ratings, forum postings, comments or other materials. You acknowledge that we shall not be liable for any User Content provided by Website users. User Content is displayed for entertainment and informational purposes only and is not controlled by LivingInAurora.com and we cannot guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Website, you may be exposed to User Content that may be offensive, indecent or objectionable. Under no circumstances will LivingInAurora.com be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Website.
THIRD PARTY WEBSITES
DISCLAIMERS & LIMITATION OF LIABILITY
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. Living In Aurora EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LivingInAurora.com OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. LivingInAurora.com DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL LivingInAurora.com BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, MATERIALS FROM THIS WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
COPYRIGHT AND LICENSE
LivingInAurora.com reserves the rights to all copyrighted and copyrightable materials on the Website, including but not limited to the text, design, manuals, product information, graphics, images, pictures, sound and other files, and the selection, compilation and arrangement thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Website or proprietary information related thereto.
CHANGES TO THIS USER AGREEMENT
We reserve the right to change, edit, delete or modify any of the terms and conditions contained in this User Agreement, or any policy of the Website, at any time and in our sole discretion. Any changes or modifications to this User Agreement or policy will be effective upon posting a notice or a new agreement on our Website. YOUR CONTINUED VISITING OF OUR WEBSITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR WEBSITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
All information you disclose on or via the Website is considered non-confidential information and will be accessible and visible to other Users. All information submitted by Users of the Website is proprietary information of LivingInAurora.com. You agree not to disclose information you obtain from us and or from our Users, advertisers, suppliers and forum members. You agree not to publish, reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
Failure of LivingInAurora.com to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
SEVERABILITY OF TERMS
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the Contents and materials provided by or through the Website, and the subject matter of this Agreement.
This Agreement shall be governed by and construed in accordance with the substantive laws of the Province of Ontario and the laws of Canada applicable therein, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Ontario, to the exclusion of any other courts without giving effect to the conflict-of-laws provisions or your actual province, state or country of residence.