Sinneave may revise and update these Terms of Use at any time and without notice. You are cautioned to review the Terms of Use posted on this Website periodically. Your continued access or use of this Website after any such changes are posted will constitute your acceptance of these changes.
You may not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You may only use this Website for lawful purposes.
The contents of the Website and of the Forums (as defined below), if any, are for informational purposes only. The information provided on the Website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. CALL 911 IMMEDIATELY IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY.
Sinneave is not responsible for hypertext links from any and all third-party websites to this Website, and forbids anyone from establishing such a link without Sinneave’s prior written authorization.
By posting any Content onto the Forums, you represent and warrant that you have the lawful right to distribute and reproduce such Content. Sinneave will not be responsible for and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in the Forums.
Sinneave maintains the right at all times to edit, disclose, refuse to post, request removal of, or remove any Content as may be necessary to comply with any law, regulation or government or agency request or if, in Sinneave’s sole discretion, such Content is objectionable or in violation of these Terms of Use. Sinneave may access and disclose any information it considers necessary or appropriate, including, without limitation, posted Content, user profile information (e.g., name, e-mail address), IP address and traffic information, and usage history to: (i) protect Sinneave’s systems and customers; (ii) ensure the integrity and operation of Sinneave’s business and systems; or (iii) cooperate with legitimate governmental requests, subpoenas or court orders, if required.
You grant to Sinneave a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any Content, or other information or materials that you provide to us through the Website, including any ideas or original materials contained in such communications, in all media now known or hereafter developed (the “User Materials“), and you waive: (i) all material rights in the User Materials; (ii) all rights to any claim against Sinneave for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with the User Materials; and (iii) agree and understand that Sinneave is under no obligation to use any material or ideas contained in the User Materials in any way whatsoever.
The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. Unless specifically authorized to do so by Sinneave in writing, you may not: (a) modify the Materials or use them for any public display, performance, sale, rental, or for any commercial purpose; (b) copy, reproduce, distribute, download or record the Materials for any commercial use; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person; (e) copy, publish or post any of the Materials on a computer network or any type of media; or (f) create derivative works from or otherwise exploit the Materials in any way. Unless you have entered into a separate agreement with Sinneave, any other use of these Materials without Sinneave’s written permission is prohibited.
You may not use the Sinneave logo, or any other graphic or trademark at any time for any purposes or to link to Sinneave, unless authorized by Sinneave.
Sinneave shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any of the Materials from this Website. Sinneave recommends that you install appropriate anti-virus or other protective software.
IN NO EVENT SHALL SINNEAVE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS (THE “SINNEAVE PARTIES“) BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
UNDER NO CIRCUMSTANCES SHALL ANY OF THE SINNEAVE PARTIES BE RESPONSIBLE FOR YOUR USE OR RELIANCE OF ANY CONTENT ACCESSED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE (INCLUDING THE FORUMS).
NOTWITHSTANDING ANY OTHER PROVISION HEREIN, SINNEAVE’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against Sinneave relating to any such claim or dispute and you also agree to opt out of any class proceedings against Sinneave. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief.
If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient en anglais.