Joined: 01 Mar 2003
Last Visit: 13 Sep 2017
Posted: Thu Feb 11, 2010 12:19 am
Subject: DieHard Wolfers TOS Agreement
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Terms of Service Agreement
This Service Agreement sets out duties and responsibilities associated with providing you with the Service through a designated account (the "Account"). You are solely responsible for all access to and use of the Service through your Account, including any breach of the Service Agreement, by you or any user of your Account. If you do not wish to be bound by the terms and conditions of this Service Agreement, It's Rules and/or AUP, and pay any fees, charges, taxes and expenses associated with the Service, you may not access or continue to use the Service.
Conditional Use of the Service.
You are solely responsible for all access to the Service through your Account. By accessing and using the Service or otherwise agreeing to be bound by the terms and conditions of the Service Agreement, you agree to the terms and conditions contained in this Service Agreement, including without limitation the provisions regarding fees, charges and expenses herein, and you further agree to comply with and use the Service in accordance with the Acceptable Use Policy attached to this Service Agreement, any such other policies, practices and agreements respecting the Service referenced herein or to which you may be directed when registering for or using the Service, and all applicable laws. You agree to indemnify and hold Your Service Provider, its affiliates, agents and suppliers harmless from all liabilities and expenses related to any violation of this Service Agreement by you or any user of your Account, or in connection with your or their use of the Service. You may not sell, market, provision, resell, re-market, directly or indirectly transfer, distribute or in any way exploit any portion of the Service. You will not use the Service in a manner that is contrary to any applicable law or regulation, and you will abide by Your Service Provider's policies, including without limitation the Acceptable Use Policy, which set forth additional rules that govern your activity in connection with the Service. Without limiting the foregoing, you may not use the Service, or permit, assist or allow the Service to be used, for any abusive purpose or in any way that damages Your Service Provider's property or interferes with or disrupts the Service, Your Service Provider's network or other users.
Should you continue to use the Service after such change is effective, to the extent permitted by applicable law, such use shall be deemed to be your acceptance thereto and you expressly agree that no additional written agreement or express acknowledgement shall be required to accept such change.
You agree that you cannot change this Service Agreement and that no customer service representative or sales representative of Your Service Provider is authorized to vary the terms of this Service Agreement in any way, verbally or in writing, unless specifically approved in writing by Your Service Provider.
It is your responsibility to create data backups before the installation or access to this service. Your Service Provider or its agents will not be held responsible for any loss of data.
Your Service Provider will not be responsible for any corrupted data, files or viruses which affect you or the Service. It is your responsibility to safeguard your system, through appropriate means (for example, using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to properly secure your system may result in the immediate cancellation of your Service.
Your Service Provider cannot ensure or guarantee the privacy of any information you choose to transmit through use of the Service. Any such use shall be at your sole risk and Your Service Provider, its affiliates, agents and suppliers shall be relieved from all liability in connection therewith.
Any email address, or host name assigned to you by Your Service Provider is the property of Your Service Provider at all times, and may be changed or withdrawn at any time in the sole discretion of Your Service Provider. Your Service Provider assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in email address or host name.
Your messages may be the subject of unauthorized third party interception and review. An individual with Internet access can cause, among other things, damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your sole responsibility. Your Service Provider has no obligation to monitor the Service, any content or your use of Your Service Providerís networks. However, you agree that Your Service Provider reserves the right from time to time to monitor the Service electronically, monitor or investigate content or your use of Your Service Providerís networks, including without limitation bandwidth consumption, and to disclose any information necessary to satisfy any laws, regulations or other governmental request from any applicable jurisdiction, or as necessary to operate the Service or to protect itself or others.
You agree to review and to familiarize yourself with all such Service related information, and Your Service Provider is not liable for any damage or detriment to you or your property resulting from your failure to do so. Your continued use of the Service following delivery of any such Service related information means that you accept and agree to comply with such information.
You assume total responsibility and risk for access to or use of such Content and for use of the DieHard Wolfers Forums. Your Service Provider and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content.
Your Service Provider will not assume any responsibility for your acts or omissions or those of any individual who uses your Account with or without your knowledge or consent, including without limitation responsibility for any charges you incur when making purchases or conducting other transactions with the Service. As between Your Service Provider and you, you are better able to put in place physical and procedural impediments to the inappropriate use of and to supervise your Account. Account and password protection shall be your responsibility. Any detriment that is caused to the network as a result of a failure to properly secure your computer system may result in the cancellation of the Service
To the extent permitted by applicable law, the Service, and any software or other deliverables provided by Your Service Provider, its agents and/or suppliers hereunder are provided "as is" and "as available" without warranties or conditions of any kind. You are responsible for the use and compatibility of the Service with any equipment, software, services and/or other materials not provided by Your Service Provider (the "Third Party Equipment and Services"). Your Service Provider disclaims all responsibility for determining compatibility between the Service and any Third Party Equipment and Services. To the extent permitted by applicable law, neither Your Service Provider nor any of its affiliates, agents and/or suppliers warrant the performance, availability, uninterrupted or error free use of or operation of the Service or any deliverable provided under this Service Agreement. The entire risk as to the availability and performance of the Service or any deliverable provided under this Service Agreement is with you. Further, neither Your Service Provider nor its affiliates, agents and/or suppliers warrant that any data or files sent by or to you will be transmitted, transmitted in uncorrupted form or transmitted within a reasonable period of time, that such data or files will not be intercepted, that other persons will not gain access to your Account, the Service, any of your computer equipment, or that any Content or other material accessible through the Service is free of viruses or other harmful components, or will not be subject to "caching" at intermediate locations on the Internet when being accessed through the Service.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SERVICE PROVIDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE, HARDWARE, SOFTWARE OR ANY OTHER SERVICES OR DELIVERABLES PROVIDED OR RECOMMENDED HEREUNDER, OR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET, AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
Limitation of Liability.
In the event of any breach by Your Service Provider, its affiliates, suppliers, or agents, including any breach of a fundamental term or any negligence, your exclusive remedy shall be to receive from Your Service Provider payment for actual and direct damages to a maximum amount of one dollar(s)($1.00) Canadian. Other than the foregoing remedy, under no circumstances shall Your Service Provider, its affiliates or its agents be liable to you or any third party for:
- any direct, indirect, special, exemplary, punitive or consequential damages, including, without limitation, loss of profits and loss of business opportunities that result in any way from this Service Agreement, including the use of the Service or access to the Internet, or
- any part thereof, by you or any other person through your Account, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations, or transmission, or failure of performance, or
- any losses or expenses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party through your Account infringes the intellectual property rights or contractual rights of any third party.
Without limiting the generality of the foregoing, Your Service Provider, its affiliates, suppliers or agents are not liable for:
- any act or omission of a telecommunications carrier whose facilities are used in establishing connections to points which Your Service Provider does not directly serve;
- defamation or copyright infringement arising from material transmitted or received over Your Service Provider's or its affiliatesí facilities; or
- infringement of patents arising from combining or using customer-provided facilities with Your Service Provider's or its affiliatesí facilities.
Your Service Provider is a regulated undertaking and as such this Service Agreement, including all matters relating to its validity, construction, performance and enforcement, shall be governed by applicable federal laws and regulations of Canada and only those provincial laws and regulations that are applicable to it. The terms and conditions of this Service Agreement are subject to amendment, modification or termination if required by such laws or regulations. If any provision in this Service Agreement is declared to be invalid or in conflict with any such law or regulation, that provision may be deleted or modified, without affecting the validity of the other provisions. Certain elements of the Service may be provided to you by third party service providers located outside of Canada and as such your use of the Service may be subject to the laws of foreign jurisdictions.
Your Service Providerís failure to insist upon or enforce strict performance of any provision of this Service Agreement shall not be construed as a waiver of any provision or right. Where any provision of this Service Agreement conflicts with an applicable tariff, the tariff shall supersede this Service Agreement only in respect of the conflicting provision.
Your Service Provider may assign its rights and obligations under this Service Agreement to any affiliated entity without your prior written consent. You may not assign or transfer this Service Agreement.
In no event shall Your Service Provider be liable for any failure to comply with this Service Agreement if such failure results from any condition or event beyond the reasonable control of Your Service Provider, including, but not limited to, terrorism, hacking, security breach, fire, flood, earthquake, any other elements of nature or acts of God, theft, riot, strike or other labour disturbance, power failure or war.
The parties have required that this Service Agreement and all documents relating thereto to be drawn up in English.