NOTE: THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCESS AND USE DRIVERSVOICE.CA THIS AGREEMENT CONTAINS LEGAL OBLIGATIONS AND IS BINDING ON ALL USERS OF THIS WEBSITE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE, AS YOUR CONTINUED ACCESS AND USE OF THE WEBSITE SHALL BE DEEMED ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Welcome to http://driversvoice.ca (driversvoice.ca, the “Website”). Your use of this Website is subject to these terms and conditions (the “Terms and Conditions” or “Agreement”). By accessing the Website, or any of the Website’s products or services (each product or service a “Service” and collectively the “Services”), you agree, without limitation or qualification, to be bound by these Terms and Conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with your use of the Website. If you do not agree with these Terms and Conditions, you may not use the Website or any Service, and your sole and exclusive remedy as a potential or existing user is to discontinue such use.
2. REGISTERING AN ACCOUNT
Certain Services provided by the Website may require you to register a personal user account to view materials submitted to, or contribute materials to, the Website (an “Account”). Should you choose to register an Account, you shall be responsible for: (a) providing accurate and current information about yourself as required by the relevant registration process, and promptly updating such information as necessary to ensure that it is kept accurate and complete, (b) maintaining the confidentiality of any passwords permitting access to your Account, (c) all acts and omissions undertaken through the use of the said Account, and (d) immediately notifying the administrators of the Website of any unauthorized use of the said Account.
Once an Account has been created, the owners, administrators or moderators of the Website may decline to remove or delete such Account, or any content associated with or uploaded by such Account, in their sole discretion. However, the owners, administrators or moderators of the Website reserve the right to suspend or terminate access to the Website for any Account for any reason, without compensation or recourse to any affected party. If your Account has been suspended or canceled, you shall not register a new Account without obtaining the written consent of the administrators of the Website. The owners, administrators, and moderators of the Website will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.
3. USER CONDUCT AND CONTENT SUBMISSION
In consideration of the availability, and your use, of the Website or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using such Website or Services. You acknowledge that the owners, administrators or moderators of the Website may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.
Additionally, you agree not to:
- post, submit, transmit, link to, or otherwise distribute or make available (a) any materials, files, documents, information or other content in any form (individually and collectively, “Content”) that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), (b) any Content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, (c) Content that infringes a third party’s trademark, patent, trade secret, copyright, publicity, or privacy rights (including, but not limited to, intruding upon a third party’s right to seclusion or solitude), (d) Content that is pornographic or obscene or promotes racism, bigotry, hatred or which advocates physical harm of any kind to or against any group or individual, or (e) take any action with the intended or actual effect of restricting access to or the functionality of the Website, including but not limited to the instigation or execution of hacking attempts or denial-of-service attacks;
- post, submit, transmit, link to, or otherwise distribute or make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except where expressly permitted by the administrators of the Website;
- use the Website or any of the Services to defame, libel, slander, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- use any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Website, any of the Services, or the Internet;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- post, submit, transmit, link to, or otherwise distribute or make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
4. CONTENT MODERATION
All Content submitted to the Website is subject to review by the owners of the Website and any users designated as administrators or volunteer moderators (individually and collectively, the “Moderators”). In the sole opinion and discretion of the Moderators, any Content deemed: (a) in breach of these Terms and Conditions, (b) in breach of any rules or guidelines established in connection with the submission of Content to the Website, or (c) inappropriate or unsuitable for publication on the Website, may be edited or deleted, in whole or in part, by the Moderators without compensation or recourse to any affected party.
Notwithstanding any action taken by Moderators to review Content, you acknowledge and agree that all Content, in whatever form and technical structure, whether publicly posted or privately transmitted or stored, is the sole responsibility of the user originating such Content and introducing such Content to the Website or any Services. The Moderators of the Website may, but are under no obligation to, permit a period of time, such period to be determined solely by the Moderators of the Website, for you to edit or delete Content submitted by you (the “Edit Period”). Upon the expiry of the Edit Period, Content will be locked and you will not be able to modify submitted Content.
Under no circumstances will Moderators (a) have an obligation to review Content, (b) be responsible or liable for the content or accuracy of any Content, (c) have an obligation to remove or edit Content once posted by a user, (d) be liable in any way, shape or form for any allegation of infringement or destruction of copyright in any Content edited or deleted, (e) be responsible or liable for any reliance or decisions made by any party based on such Content, or (f) have an obligation to take positive steps to prevent any harm caused to any individual through their use of, or contact with, this Website.
YOU ARE, AND REMAIN ENTIRELY RESPONSIBLE AND LIABLE FOR YOUR SUBMISSIONS OF CONTENT TO THE WEBSITE, AND YOU ACKNOWLEDGE AND AGREE THAT ANY ACT, ERROR OR OMISSION BY A MODERATOR WITH REGARD TO ANY CONTENT IN NO WAY ATTRACTS LIABILITY THEREFOR, AND YOU EXPRESSLY RELEASE AND SAVE HARMLESS ALL WEBSITE OWNERS, ADMINISTRATORS AND MODERATORS, THEIR HEIRS, ESTATES, AGENTS, ASSIGNS AND SUCCESSORS FROM ANY AND ALL CAUSES OF ACTION THAT MAY ARISE AS A RESULT OF THEIR ACTS, ERRORS OR OMISSIONS WITH REGARD TO THE WEBSITE OR ANY CONTENT. YOU ALSO EXPRESSLY AGREE THAT THE EXISTENCE AND ACTIONS OF VOLUNTEER MODERATORS ON THE WEBSITE IN NO WAY DEROGATES FROM THE FULL FORCE AND EFFECT OF THE TERMS AND CONDITIONS SET FORTH HEREIN.
5. CONTENT LICENSE
By submitting Content to the Website through any means, you automatically grant (or represent and warrant that the owner of such materials expressly grants) the owners of the Website and their affiliates, assignees and licensees a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted Content, for the purposes of publishing and promoting such Content in connection with the Website or other Services affiliated with the Website. Such license will apply with respect to any form, media, or technology now known or later developed. In addition, you represent and warrant that all “moral rights” in such Content have been waived. All Content submitted to the Website may be published, distributed and stored by the owners of the Website, their affiliates, assignees and licensees, in whole or in part, in print or by any other means, including but not limited to electronic, worldwide and in perpetuity, without compensation to the original owner or author of the Content.
6. THIRD-PARTY DEALINGS
The Moderators of the Website are not responsible for the content of any linked third-party sites that are not part of the Website and under the Website’s control. Unless otherwise expressly provided, the Moderators of the Website make no representation or warranty regarding, and do not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that the Moderators of the Website will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Website. If you decide to visit any linked third-party site, you do so at your own risk and it is your responsibility to take all protective measures to safeguard your device accessing such site.
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Website or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. The Moderators of the Website assume no responsibility whatsoever for any charges you may incur when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions will be yours alone. You agree that the Moderators of the Website will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
To the maximum extent permitted by applicable law, the Website and any Services and Content are provided on an “as is” and “as available” basis and you acknowledge and agree that your use of or reliance on the Website, the Services, and the Content is entirely at your own risk. The Website and its owners, administrators, Moderators, licensees, affiliates, agents, or their respective successors and assigns (the “Website Parties”) do not make any, and hereby disclaim all, representations, warranties, terms, conditions and endorsements (collectively the “Warranties”) of any kind, whether express or implied, collateral or otherwise, as to any matter hereunder, including without limitation: (a) any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, suitability, reliability, freedom from infections or viruses or completeness, (b) any Warranties arising by statute or otherwise in law or from a course of dealing or usage of trade, (c) that the Website or Services, including any Content, information, products or services obtained from or through the use of the Website or any Services, will be provided on an uninterrupted, timely, secure or error-free basis or that results derived therefrom will meet your requirements or expectations, or (d) that defects or errors in the Website, Services or Content will be corrected.
8. PROFESSIONAL INFORMATION DISCLAIMER
Certain users submitting Content on the Website may indicate through their submissions that they are licensed to provide certain professional services in a particular jurisdiction, including legal advice (“Professional Information”). Users of the Website agree that Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a professional recommendation. You agree that all risk associated with the use of, or reliance on, any Professional Information rests with you. You further agree that the Website and the Website Parties will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any Professional Information.
The Website Parties expressly deny any implication, in any form whatever, that it recognizes or endorses the opinions or authority expressed on this website. You agree that all information provided by other users, Moderators and Administrators of this website are provided with no warranty or representation as to their accuracy or as to the reliability of the source of that opinion. You agree that the Website Parties are not obligated to investigate the credentials or correct the misstatements or unreliable advice of any members, or to provide reliable advice themselves in this forum. You agree that it would be unreasonable for any user of the Website to rely on the advice provided in such matters as would include, but not be limited to, educational advice, career advice, legal advice, and ethical advice.
THE CONTENT AND INFORMATION CONTAINED ON THE WEBSITE IS FOR DISCUSSION PURPOSES ONLY. IT IS NOT INTENDED TO PROVIDE LEGAL, ETHICAL, EMPLOYMENT, EDUCATIONAL, ACCOUNTING, TAX, INVESTMENT, FINANCIAL, OR OTHER ADVICE TO YOU, AND YOU SHOULD NOT RELY UPON THE INFORMATION TO PROVIDE ANY SUCH ADVICE.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE WEBSITE PARTIES BE LIABLE FOR, AND THE WEBSITE PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR, IN WHOLE OR IN PART, ANY INJURY, LOSS, OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES (“DAMAGES”), REGARDLESS OF WHETHER THE WEBSITE PARTIES HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE AND INTRUSION UPON SECLUSION), STATUTE (INCLUDING ACTION IN COPYRIGHT), OR OTHERWISE, OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO YOUR ACCOUNT OR ANY CONTENT, OR (c) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY OF THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE WEBSITE PARTIES BE LIABLE FOR, AND THE WEBSITE PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR, IN WHOLE OR IN PART, THE ACTS, OMISSIONS, OR CONDUCT OF ANY USERS OF THE WEBSITE, INCLUDING THE SUBMISSION OF CONTENT BY ANY USER OF THE WEBSITE, REGARDLESS OF WHETHER THE WEBSITE PARTIES HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL THE WEBSITE PARTIES BE LIABLE FOR ANY DAMAGES OR EXPENSES ARISING IN ANY MANNER WHATSOEVER FROM: (A) THE ACTS, OMISSIONS OR CONDUCT OF ANY USER OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE SUBMISSION OR POSTING OF CONTENT THAT MIGHT GIVE RISE TO CLAIMS BY THIRD-PARTIES, (B) REPRESENTATIONS MADE BY USERS WITH RESPECT TO THEIR KNOWLEDGE OR EXPERTISE IN ANY FIELD, (c) ANY CONTENT SUBMITTED OR POSTED BY USERS OF THE WEBSITE, OR (D) ANY ACTION OR INACTION BY THE WEBSITE PARTIES TO MONITOR THE ACTS, OMISSIONS, OR CONDUCT OF THE USERS OF THE WEBSITE OR TO EDIT, REMOVE OR DELETE CONTENT SUBMITTED OR POSTED BY USERS OF THE WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE WEBSITE PARTIES BE LIABLE FOR, AND THE WEBSITE PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR, IN WHOLE OR IN PART, THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY ADVERTISER OR SPONSOR OF THE WEBSITE (“THIRD-PARTIES”). UNDER NO CIRCUMSTANCES SHALL THE WEBSITE PARTIES BE LIABLE FOR ANY DAMAGES OR EXPENSES ARISING IN ANY MANNER WHATSOEVER FROM (A) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTIES; AND (B) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED TO OR FROM THE WEBSITE. IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU HEREBY RELEASE THE WEBSITE PARTIES FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR BY THIRD PARTIES THROUGH THE WEBSITE.
You agree to defend, indemnify and hold harmless the Website and all Website Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to legal fees and expenses on a solicitor and client basis), resulting from or related to: (a) your access to or use of the Website, Services or Content, (b) your breach or violation of any of these Terms and Conditions or other guidelines for users established by the Website from time to time, (c) your use or reliance on, or publication, communication or distribution of anything on or from the Website or Services, (d) your violation of any third party right, including without limitation any copyright, property, or privacy right, or (e) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service. The owners of the Website reserve the right, but have no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, provided such action shall not excuse your indemnity obligations to the Website and Website Parties. In such event, you agree that you will use your best efforts to cooperate with the Website and the Website Parties in the defense of any claim.
11. MODIFICATIONS TO TERMS AND CONDITIONS
The owners of the Website reserve the right, in their sole discretion, to add to, remove from, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on the Website. Please check these Terms and Conditions regularly for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue your use of the Website and any of the Services immediately. Your continued use of the Website or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, the owners or administrators of the Website reserve the right to change, modify, suspend or discontinue any aspect of the Website, Services or Content from time to time without notice or liability and for any reason whatsoever.
12. GOVERNING LAW/JURISDICTIONAL ISSUES
The Website and Services are controlled and administered from within Canada. The Website makes no representation or warranty that the Website or any of the Services are appropriate or available for use at any locations outside Canada. If you access the Website from outside Canada, you are responsible for compliance with all applicable laws.
These Terms and Conditions will be interpreted, construed and governed by the laws in force in the Province of Nova Scotia, Canada, and the federal laws of Canada applicable therein. Each party hereby agrees to submit to the personal and subject matters jurisdiction of the courts of the Province of Nova Scotia and the Federal Courts of Canada and to waive any objections based upon venue.
13. CLAIMS OF COPYRIGHT INFRINGEMENT
Notwithstanding and without prejudice to their disclaimer of liability for any and all actions of users of the Website, and only in the capacity of a service provider, the Website Parties will receive complaints with regard to material infringing copyright and may in their sole discretion elect to take such steps with regard to such material as they deem appropriate. Notifications of claimed copyright infringement should be sent to firstname.lastname@example.org
To be effective, the notification of infringement must be a written communication that includes the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14. RELIANCE AND SURVIVAL
You expressly acknowledge and agree that the Website and Website Parties have and will make the Website, Services and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth in Section 9 herein, and the defense and indemnification obligations set forth in Section 10 herein, and that the same form an essential basis of the bargain between you and the Website. You expressly agree that the indemnities, limitations, exclusions of liability and the disclaimers set forth in these Terms and Conditions will survive, and continue to apply in the case of: (a) a fundamental breach or breaches by any party to this Agreement, (b) the failure of essential purpose of contract, (c) the failure of any exclusive remedy, (d) termination of your right to access and use the Website or your Account, or (e) modification to or termination of these Terms and Conditions.
15. SUBMISSION OF IDEAS OR SUGGESTIONS
The Website encourages submissions of ideas for improving the Website or Services, subject to these Terms and Conditions. Under no circumstances will any disclosure of any idea or suggestion or related material to the Website or Website Parties be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea or suggestion or any related material to the Website or Website Parties, you are waiving any and all rights that you may have in the idea or suggestion or any related material and are representing and warranting to the Website and Website Parties that the idea or suggestion or any related material are wholly original with you, that no one else has any rights in the idea or suggestion or any related material and that the Website and Website Parties are free to implement the idea or suggestion and to use the related material if it so desires, as provided or as modified by the Website or Website Parties, without obtaining permission or license from any third party.
The Website Parties reserve the right to disclose any information, including your personal information, as necessary to satisfy any law, regulation or other governmental request, to operate the Website or any of the Services properly, or to protect themselves or other users.
17. GENERAL PROVISIONS
These Terms and Conditions are personal to you, and you may not assign your rights or obligations under these Terms and Conditions to anyone. These Terms and Conditions constitute the entire agreement between the Website and you pertaining to your use of the Website, Services and Content, and integrate and supersede any prior agreements between you and the Website with respect to the subject matter hereof, whether written or oral. You hereby acknowledge and represent that you have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance made by or on behalf of any other party or any other person or entity whatsoever. You hereby waive all rights and remedies, at law or in equity, arising or which may arise as the result of your reliance on any such representation, assertion, guarantee, warranty, collateral contract or other assurance.
No waiver of any provision of this Agreement is binding unless it is in writing and signed by the party to this Agreement entitled to grant the waiver. Any failure by the owners of the Website or the Website Parties to insist upon or enforce strict performance of any right or provision of these Terms and Conditions will not constitute or be construed as a waiver of any right or provision. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of that provision.
If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions (or parts thereof) contained herein.
Except where prohibited by applicable law, any cause of action you may have with respect to your use of the Website or these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises.
Should you have any further questions, concerns, or queries about these Terms and Conditions, or if you encounter difficulties while navigating and using the site, please contact info@Driversvoice.ca