before using the Site
Changes to these Terms
Changes to the Site
ServiceForge may, at its sole and absolute discretion, change or modify the information, services, materials and any other resources contained on or accessible through the Site, or discontinue the Site altogether, at any time without notice.
Accessing the Site
The Site is made available free of charge.
We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you in any way if for any reason the Site is unavailable at any time or for any period.
The Site is directed to people residing in Canada. We do not represent that content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside Canada, you do so at your own risk.
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.
Please note that any of the content on the Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Site, or any content on it, will be free from errors or omissions.
The Site and the services sold on or through the Site are provided AS IS, AS AVAILABLE and without warranties of any kind. With respect to the Site, content, and services sold on or through the Site, to the fullest extent permitted by law, we disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose, accuracy, title and non-infringement. Without limiting the foregoing, we do not warrant that (i) the Site or other services will meet your specific requirements or desired results, (ii) the Site will be uninterrupted, error-free, timely or secure, (iii) any defects will be corrected, (iv) the Site is free of viruses or anything else harmful, or (v) the results obtained from the use of the Site will be accurate or reliable. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of materials, Site Content or User Content or items placed for display in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you download or otherwise obtain Site content at your own risk, and that you will be solely responsible for your use of and any damage to any device on which you access the Site, including loss of data or other harm of any kind that may result. No advice or information, whether oral or written, obtained by you from us or through the Site will create any warranty not expressly stated herein.
Limitation of Liability
To the maximum extent permitted by applicable law, ServiceForge shall not be liable to you, your directors, officers, creditors, affiliates, employees, agents, legal representatives, or anyone else for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for or related to lost profits, loss of goodwill, data or information loss, damage to any device in any way, loss of earning capacity, death, personal injury, however caused, and without limiting the foregoing, whether based in contract, negligence, misrepresentation, fraudulent misrepresentation, breach of statutory duty, or any other tort recognized by law, regardless of whether we have been advised of the possibility of any such damages or if such damages were foreseeable, arising out of or related to (i) the use or inability to use the Site; (ii) your use of or reliance on the site content or the conduct of other site users or third parties; (iii) the performance of the services purchased through the Site or elsewhere; (iv) the cost of procuring substitute services, as well as the cost of such substitute services, resulting from any data, information ort services obtained, message received or transactions entered into through or from the Site or caused by the inability to use the Site; (v) unauthorized access to or alteration of your data; (vi) termination or downgrading of your account; (vii) or any other matter relating to the site or any of our services.
In the event ServiceForge or its agents are found to be liable to you, your directors, officers, creditors, affiliates, employees, agents, legal representatives, or anyone else for whom you act at non-arm's length, for any damage or loss which is in any way connected with your use of the site, in no event shall ServiceForge's liability exceed the lesser of: $100 Canadian dollars or the total amount paid to ServiceForge by you for our services.
We exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment or other device, computer programs or programs on any other device, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services by use to you, which will be set out in our Terms and Conditions of Supply
We do not guarantee that the Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful to the Site itself or other users of the Site. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack, or through any other means. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user on the Site.
The views expressed by other users on the Site do not represent our views or values.
You are solely responsible for securing and backing up your content.
You may use the Site only for lawful purposes. You may not use the Site:
in any way that breaches any applicable local, national or international laws or regulations;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) that contravenes any provision of the Canada's Anti-Spam Legislation; or
to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. We note that such behaviour contravenes Section 8 of Canada's Anti-Spam Legislation.
be accurate (where they state facts);
be genuinely held (where they state opinions); and
comply with all applicable laws in Canada and in any country from which they are posted.
Contributions must not:
contain any material which is defamatory of any individual, person, organization or other entity;
contain any material which is obscene, offensive, hateful or inflammatory;
promote sexually explicit material;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other facet of identity;
infringe any copyright, database right, patent, or trademark, or any other intellectual property interest of any other person;
be likely to deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us or are endorsed by us, if this is not the case; or
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
With respect to your account, you agree to provide true, accurate, current and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. To modify or delete your personal information, please adjust your account settings. We may keep your old personal information and content in our backup files and archives until it is deleted through our data storage procedures. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Site. Furthermore, you agree that we will not be liable to you or any third party for any termination of your access to your account or the Site.
When you create your account, you will be asked to supply a user ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You further agree that you will not permit others, including without limitation, those whose accounts have been terminated, to access the Site using your account or user ID. If you know or suspect that anyone other than you knows your user ID or password, you must promptly notify us at firstname.lastname@example.org or 1-800-485-5882
Links to Other Sites
The Site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites, nor can we be liable for damages caused in any way from your access to or use of such links. Links should not be construed in any way as an endorsement, authorization or sponsorship of that site or its content. Some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, and we cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in third-party sites; you hereby irrevocably waive any claim against us with respect to such sites.
Intellectual Property Rights
ServiceForge owns all the content on the Site, including without limitation, text, graphics, legends, customized graphics, original photographs, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words and phrases, page headers and software as well as the design, coordination, arrangement, enhancement and presentation of this material. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting, augmenting, distributing, downloading, storing, reproducing, sublicensing, adapting or creating derivative works of this content, or posting this content or selected portions of this content in any manner on any network computer, broadcast media or other technologies existing now or hereinafter developed for unauthorized publication or commercial use without the prior written consent of ServiceForge are strictly prohibited. You hereby agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble or exploit for any commercial purposes any portion of the Site, use of the Site or access to the Site, or to collect any information about Site visitors or registered users of the Site.
Linking to The Site
You may post or create a link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish an embedded link to the Site in any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
When you send emails to us, you are communicating with us electronically and in keeping with Canada's Anti-Spam Legislation, you consent to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
To contact us, please email email@example.com
Thank you for visiting the Site.