These Terms and Conditions of Use (collectively the “Legal Disclaimer”) apply to all users of www.milesnadal.com, and its associated websites, features, content, materials, products or services (collectively the “Website”).
BEFORE USING THE WEBSITE, PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING, BROWSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, AND REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS.
IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE. THESE TERMS INCLUDE A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGES THAT MAY ARISE OUT OF YOUR USE OF THE WEBSITE.
Communications and Information
Any commentaries and information contained in this Website are provided as a general source of information. Efforts have been made to ensure that the material contained herein is accurate and complete at the time of publication. However, the owner of the Website cannot guarantee its accuracy or completeness, and accepts no responsibility for any loss arising from any use of or reliance on the images or information contained herein.
In addition, information on this Website is not intended to provide legal, accounting, investment or tax advice, and should not be relied upon in that regard. The owner of the Website will not be responsible in any manner for direct, indirect, special or consequential damages howsoever caused, arising out of the use of this Website. You may not modify, copy, reproduce, publish, upload, post, transmit, distribute, or commercially exploit in any way any of the Website’s content, including and not limited to code and software. You are permitted to download the Website’s content for your activities provided that you keep intact all copyright and other proprietary notices. Unauthorized downloading, re-transmission, storage in any medium, copying, redistribution, or republication for any purpose is strictly prohibited without the written permission of the owner.
Privacy and Confidential Information
Complete confidentiality and security is not yet possible over the Internet and e-mail is vulnerable to interception and forging. For this and other reasons, confidential information should not be communicated via e-mail. In no instance will the owner of the Website be responsible for any damages that you may incur if you transmit confidential, personal or sensitive information to us over the Internet, or if we communicate such information to you at your request.
Links to Other Sites and to the Affiliate Websites
This Website may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not necessarily under the owner’s control, and the owner is not responsible for nor does it endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites, and you understand that linking to any other website is at your own risk.
Prohibited Use of the Website
While visiting the Website, you may not: post, upload, publish, reproduce, transmit, or otherwise distribute information or other material: (a) constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability; (b) which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right-holder; (c) otherwise use this Website in a manner which is contrary to law, including the posting, transmitting or soliciting of any information or software which contains a virus, cancelbot, trojan horse, worm, or other harmful or disruptive component; or (d) probe, scan or test the vulnerability of the Website, or any network connected to the Website, and/or breach the security or authentication measures on the Website or any network connected to the Website.
All materials published or otherwise accessible through this Website including, but not limited to, news articles, text, photographs, images, illustrations, audio clips, video clips, software, and other materials (the “Content”) are protected by copyright, and are owned or controlled by the owner and any others which may own copyright or the party credited as the provider of the Content. All visitors shall abide by all additional copyright notices, information, and restrictions contained in the Content.
Users of this Website may only be entitled to copy material for their own personal use, but may not republish, “mirror”, or reproduce any substantial part of the Website in any manner whatsoever, including electronically reproducing the material by “uploading,” “downloading,” or accessing the material on to the Internet or any other local or international computer system, without the prior written permission of the owner. An acknowledgment of the source must be included whenever the Website’s material is copied or published.
If you require further information on a permitted use or license to reproduce or republish any material, please address your inquiry to the Director of Marketing, 200-1325 Lawrence Avenue East, Suite 200, Toronto, Ontario M3A 1C6. Any infringement of the owner’s rights will result in appropriate legal action.
THE OWNER OF THIS WEBSITE DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONSEQUENCES WHICH MAY RESULT FROM ANY UNAUTHORIZED REPRODUCTION OR USE OF THIS WEBSITE WHATSOEVER.
Grant of License By You
By submitting any information or content to the Website, to an e-mail address referred to on this Website, or otherwise engaging in any other form of communication on the Website or through services on the Website (collectively, “Submissions”), you grant to us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license (and all rights to sublicense) to: use, store, copy, sublicense, modify, adapt, edit, publish, translate, create derivative works from, transmit, distribute, publicly and privately perform and display any such communication (in whole or in part), and/or to incorporate it in other works in any form, format, media, or technology now known or later developed; provided, however, that with respect to personally identifiable information, this license shall not apply.
The foregoing grants include the right to exploit any proprietary rights in such Submissions, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction and will survive any termination of your access to the Website.
You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license above. Subject to the foregoing, the owner of any Submissions retains any and all rights that may exist in such content.
Use of Intellectual Property Rights
The owner of the Website either owns the intellectual property rights in the underlying HTML, text images, audio clips, video clips, software, and other content that is made available to you on the Website, or has obtained appropriate permissions in such content to use the content on the Website.
The Website grants you a non-exclusive, personal, non-transferable, non-sublicensable, limited and revocable right to display on your computer, mobile device, print, download and use the underlying HTML, text, images, audio clips, video clips, software and other content that is made available to you on the Website for your personal and non-commercial use only, provided that you do not modify any such content, and that you include with and display on each copy of such content the associated copyright notice and this intellectual property notice. No other use is permitted.
You may not publicly perform or display, transmit, publish, participate in the sale or transfer of, modify, or create derivative works based on anything available through the Website, in whole or in part. You are prohibited from storing electronically any significant portion of any part of the Website. No reverse engineering, linking, framing, or modification of any part of the Website is allowed without the owner’s written approval. Any modification or unauthorized use is a violation of the owner’s intellectual property rights and other proprietary rights.
Terms of Access
Your use of the Website acts as your acceptance of and agreement to be bound by the terms and conditions herein (as amended from time to time) and your acceptance of any other term, condition or restriction applicable in respect of the services. The Website may change the Legal Disclaimer or other policy at any time and without notice to you by updating this posting.
Limitation of Liability & Disclaimer of Warranties
THE OWNER DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
THE OWNER OF THIS WEBSITE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE WEBSITE AND OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OWNER OF THE WEBSITE AND THE WEBSITE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY OF A COMPANY’S SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITE. YOUR SOLE REMEDY AGAINST THE OWNER OR THE WEBSITE FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. FOR CLARITY, IN NO EVENT WILL THE OWNER OF THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION AVAILABLE OR REFERRED TO ON THIS WEBSITE OR ANY LINKED WEBSITE.
This Agreement is in addition to, and not in substitution of, any present or future agreement or policy between you and the Website or the owner of the Website.
Changes to the Website
The owner of the Website may discontinue or modify the Website at any time without prior notice to you, and you accept those modifications if you continue to use the Website. All content on the Website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Websites accessed by hypertext appearing in the Website (if any) have been independently developed by parties other than the owner of the Website, and the owner does not guarantee the accuracy of information contained in such websites. The listing of an organization in this site should not be construed as an endorsement of its products or services.
Your Indemnity to Us
You agree to indemnify, defend, and hold harmless the owner of the Website, or any representative of the Website, its affiliates and partner companies and their officers, employees, directors, agents, predecessors, successors in interest, subsidiaries and affiliates, and content providers from and against any and any demands, claims, damages, costs, or other expenses (including reasonable attorneys fees) that arise directly or indirectly out of or from your activities in connection with the Website or site content, including without limitation any breach of these terms (including without limitation any representation or warranty made by you in these terms).
Certain names, words, phrases, graphics or designs in this Website may constitute trade names, registered or unregistered trade marks or service marks (collectively, “Trade Marks”) of the owner.
This Website will be governed by and construed in accordance with the laws of the Province of Ontario and the 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 Website 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 Website.
If you are dissatisfied with the Website or with any of its terms, conditions, rules, policies, guidelines, or practices in operating this Website, your sole and exclusive remedy is to discontinue using the Website.
Last updated on October 18, 2018