Gilmedia Gilmedia

Privacy Policy & Terms Of Use

Acceptance of Terms

Welcome to www.gilmedia.ca (the “Site”), which is operated by GILMEDIA (the “Company”). The Site is provided to you subject to the following terms and conditions (the “Terms of Use”). These Terms of Use include important disclaimers that affect your rights.

By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use the Site.

Changes to these Terms of Use

The Company reserves the right to make changes to these Terms of Use. The changes are effective on the earlier of (i) The Company providing you with notice of such changes, or (ii) 14 days after the revised Terms of Use are posted on the Site.

Changes to the Site

The Company reserves the right to change any aspect of the Site including the right to refuse or remove any content, whatever the source, at any time without any notice or liability to you.

Privacy Policy

The Company collects, uses, and discloses your personal information in accordance with the Privacy Policy of the Site. The Privacy Policy is incorporated into these Terms of Use.

Confidentiality

The Internet is not a secure means of communication and the privacy, integrity or authenticity of any communication over the Internet between you and the Company cannot be ensured. The Company is not responsible for any damages you may suffer if you communicate confidential information over the Internet or if the Company communicates such information to you at your request.

Use of the Site

The Site is for your personal and non-commercial use. You may view and print out web pages from the Site for personal use, provided that you maintain all copyright notices, but may not otherwise copy, reproduce, modify, collect, or catalogue information or material on the Site, except as expressly permitted by the Company or these Terms of Use.

You may not use the Site to engage in any unlawful activity or to infringe the rights of the Company, its affiliates or others.

You further agree that you will not (i) interfere with the operation of the Site in any way, (ii) interfere with anyone’s use or enjoyment of the Site, (iii) harass anyone on the Site or through the Site, (iv) impersonate any person or entity on the Site or through the Site, or (v) post any content or views that may be considered threatening, abusive, vulgar, obscene or otherwise objectionable.

Monitoring Use of the Site

The Company may monitor the Site but is under no obligation to do so. You hereby waive any expectation of privacy in such information and activity. Your waiver of rights in all such monitoring does not apply to personally identifiable information which is handled by the Company in accordance with the Privacy Policy of the Site.

Termination of Access

If you use the Site in any manner that is prohibited by these Terms of Use, the Company may without notice terminate your use of the Site or your access to the Site at any time.

Intellectual Property

The copyright to the Site, the design and appearance of the Site, and all of the materials and content on the Site are owned by or licensed to the Company. These materials are protected by law against unauthorized copying and reproduction. Any use, reproduction or distribution of material, including caching, framing, or similar means, from the Site (except as permitted herein) without written permission of the Company is expressly prohibited.

Unless otherwise agreed to in writing by the Company, all information provided by you, including, without limitation, any suggestions, comments or know-how you may provide to the Company through the Site, is provided on a non-confidential basis and becomes the exclusive property of the Company. You expressly consent to the unrestrained use of all such information by the Company. Your waiver of rights in all such information does not apply to personally identifiable information which is handled by the Company in accordance with the Privacy Policy of the Site.

No Endorsement

The Site may contain links to other sites. Such other sites were independently developed by parties other than the Company. These links are for your convenience only and the Company does not assume responsibility for the accuracy or appropriateness of the information contained at such sites or endorse the viewpoints expressed at such sites. Any mention of another party or its product or service on the Site is for informational purposes only and should not be construed as an express or implied endorsement of that party or its advice, opinions, information, products or services.

No Contract or Offer

No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services. Any products or services mentioned on the Site are made available only where they may be lawfully made available or offered for sale. Except for your agreement to abide by these Terms of Use and your agreement to the Privacy Policy, use of the Site does not create any contract or agreement between you and the Company, nor any obligation of the Company to you.

No Warranties

Information provided on the Site by the Company is believed to be reliable when posted. HOWEVER, THE COMPANY DOES NOT GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION PROVIDED. INFORMATION CONTAINED ON THE SITE MAY CONTAIN ERRORS. ACCESS TO THE SITE IS PROVIDED ON AN “AS IS” BASIS. YOU SHOULD NOT ASSUME THAT YOUR USE OF THE SITE WILL BE ERROR FREE OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION.

THE COMPNAY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS REGARDING USE OF THE SITE OR THE INFORMATION PROVIDED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

No Liability

THE COMPANY IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE SITE, INCLUDING ANY BUSINESS INTERRUPTION, LOSS OF USE, LOST DATA, LOST PROFITS OR ANY OTHER PECUNIARY LOSS, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

Indemnity

You hereby agree to indemnify, defend and hold harmless the Company and the partners, members, shareholders, officers, directors, employees, consultants, lawyers and agents of The Company, from any and all third party claims, liability, damages or costs they incur arising as a result of your misuse of the Site, your violation of these Terms of Use, or your infringement of any intellectual property or other right of the Company or any person or entity.

Jurisdiction Any dispute shall be governed by Ontario and Canadian law and adjudicated by the courts Ontario, Canada. Certain jurisdictions expressly prohibit a choice of law or venue clause in a consumer contract that refers to a “foreign” jurisdiction vis-à-vis the consumer. In such specific circumstances, any dispute in relation to these Terms of Use shall be governed by the law applicable to the consumer.

Entire Agreement:

These Terms of Use, including the provisions set forth under the additional pages linked below, constitute the entire agreement between the parties with respect to the Site. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, with respect to the Site.

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