| Acceptance of Terms of
Use. Any item herein will be understood to pertain to both McGill Financial Services and McGill Health Serices and their respective web sites.
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS
CAREFULLY.
McGill Financial Services owns and operates this Web site,
located at http://www.mcgillfinancial.com
(the Web site). This Terms of Use Agreement (this Agreement)
states the terms and conditions under which you may access
and use the Web site. By accessing and using the Web site
you are indicating your acceptance to be bound by the terms
and conditions of this Agreement. If you do not accept these
terms and conditions, you must not access or use the Web site.
IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES,
POLICIES, GUIDELINES OR PRACTICES OF MCGILL FINANCIAL SERVICES'
OPERATING WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING IT.
McGill Financial Services may revise this Agreement at any
time by updating this posting. Use of the Web site after such
changes are posted will signify your agreement to these revised
terms. You should visit this page periodically to review this
Agreement.
Ownership. Any item herein will be understood to pertain to both McGill Financial Services and McGill Health Serices and their respective web sites.
All materials displayed or otherwise accessible through the
Web site, including, without limitation, news articles, text,
photographs, images, illustrations, audio clips, video clips,
computer software and code (collectively, the Content) are
protected under Canadian and foreign copyright or other laws,
and are owned by McGill Financial Services, its licensors
or the party accredited as the provider of the Content. In
addition, the Web site is protected under copyright law as
a collective work and/or compilation pursuant to Canadian
and foreign laws. You shall abide by all additional copyright
notices, information and restrictions on or contained in any
of the Content accessed through the Web site. ANY USE,
REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE
OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION,
REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF
ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY
SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN
PERMISSION OF MCGILL FINANCIAL SERVICES.
Limited Licence. Any item herein will be understood to pertain to both McGill Financial Services and McGill Health Serices and their respective web sites.
Notwithstanding the foregoing, and subject to the terms and
conditions of this Agreement, you are hereby granted the right
to access, view and use the Web site for your personal, non-commercial
use, and are granted the right to download, store and print
single copies of items comprising the Content for your personal,
non-commercial use, provided that you maintain all copyright
and other notices contained in such Content.
Trademarks. Any item herein will be understood to pertain to both McGill Financial Services and McGill Health Serices and their respective web sites.
McGill Financial Services and the Owl Logo are official marks
or trademarks of McGill Financial Services. Other names, words,
titles, phrases, logos, designs, graphics, icons and trademarks
displayed on the Web site may constitute registered or unregistered
trademarks of McGill Financial Services or third parties.
While certain trademarks of third parties may be used by McGill
Financial Services under license, the display of third-party
trademarks on the Web site should not be taken to imply any
relationship or license between McGill Financial Services
and the owner of said trademark or to imply that McGill Financial
Services endorses the wares, services or business of the owner
of said trademark. Nothing contained on the Web site should
be construed as granting you any license or right to use any
trademark logo or design of McGill Financial Services or any
third party, without the written permission of McGill Financial
Services or the respective owner of any third-party trademark.
Disclaimer of Warranties. Any item herein will be understood to pertain to both McGill Financial Services and McGill Health Serices and their respective web sites.
THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING
AND USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE
OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
MCGILL FINANCIAL SERVICES MAKES NO REPRESENTATIONS OR WARRANTIES
REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT
LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEB
SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE,
SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT
LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE
CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL BE
OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III)
THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR
ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL
BE CORRECTED; (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES
OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR
FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED.
Limitation of Liability. Any item herein will be understood to pertain to both McGill Financial Services and McGill Health Serices and their respective web sites.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL MCGILL FINANCIAL
SERVICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS
OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR
ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES
IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS,
LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND
WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH),
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION
SHALL APPLY EVEN IFMCGILL FINANCIAL SERVICES KNEW OF OR OUGHT
TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL MCGILL FINANCIAL SERVICES,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER
THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL
BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING
ONE HUNDRED CANADIAN DOLLARS (C$100)EVEN IF MCGILL FINANCIAL
SERVICES HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES.
IN NO EVENT SHALL MCGILL FINANCIAL SERVICES,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS
OR DAMAGE ARISING FROM THE FAILURE OF MCGILL FINANCIAL SERVICES
OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.
MCGILL FINANCIAL SERVICES EXPRESSLY DISCLAIMS
ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF
ANY THIRD-PARTY USER OF THE WEB SITE OR ANY ADVERTISER OR
SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER). UNDER
NO CIRCUMSTANCES SHALL McGill Financial Services AND ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY
INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER
WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY
THIRD-PARTY USER; AND (II) 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 WEB
SITE.
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 WEB SITE, YOU DO SO ENTIRELY AT YOUR
OWN RISK.
YOU HEREBY RELEASE MCGILL FINANCIAL SERVICES
AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS, 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 WEB SITE OR BY THIRD PARTIES THROUGH THE WEB SITE.
No Advice. Any item herein will be understood to pertain to both McGill Financial Services and McGill Health Serices and their respective web sites.
The information contained on the Web site is for informational
purposes only. It is not intended to provide legal, accounting,
tax, investment, financial, medical, lifestyle or other advice
to you, and you should not rely upon the information to provide
any such advice.
Linking.
The Web site contains links to third-party web sites. These
links are provided solely as a convenience to you and not
as an endorsement by McGill Financial Services of the contents
of such third-party web sites. McGill Financial Services is
not responsible for the content of any third-party web site,
nor does it make any representation or warranty of any kind
regarding any third-party web site including, without limitation
(i) any representation or warranty regarding the legality,
accuracy, reliability, completeness, timeliness, suitability
of any content on any third-party web site; (ii) any representation
or warranty regarding the merchantability or fitness for a
particular purpose of any material, content, software, goods
or services located at or made available through such third-party
web sites; or (iii) any representation or warranty that the
operation of the third-party web sites will be uninterrupted
or error free, that defects or errors in such third-party
websites will be corrected or that such third-party websites
will be free from viruses or other harmful components.
While McGill Financial Services encourages links
to the Web site, it does not wish to be linked to or from
any third-party web site which (i) contains, posts or transmits
any unlawful, threatening, abusive, libellous, defamatory,
obscene, vulgar, pornographic, profane or indecent information
of any kind, including, without limitation, any content constituting
or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local,
state, provincial, national or international law or regulation
which may be damaging or detrimental to the activities, operations,
credibility or integrity of McGill Financial Services or which
contains, posts or transmits any material or information of
any kind which promotes racism, bigotry, hatred or physical
harm of any kind against any group or individual, could be
harmful to minors, harasses or advocates harassment of another
person, provides material that exploits people under the age
of 18 in a sexual or violent manner, provides instructional
information about illegal activities, including, without limitation,
the making or buying of illegal weapons; or (ii) contains,
posts or transmits any information, software or other material
which violates or infringes upon the rights of others, including
material which is an invasion of privacy or publicity rights,
or which is protected by copyright, trademark or other proprietary
rights. McGill Financial Services reserves the right to prohibit
or refuse to accept any link to the Web site, including, without
limitation, any link which contains or makes available any
content or information of the foregoing nature, at any time.
You agree to remove any link you may have to the Web site
upon the request of McGill Financial Services.
Software Licenses and
Ownership. Any item herein will be understood to pertain to both McGill Financial Services and McGill Health Serices and their respective web sites.
All software embedded in or located on or at the Web site,
including, without limitation, all computer code of all types,
including all files and/or images contained in or generated
by such software (Software) is protected by copyright and
may be protected by other rights. All such Software is owned
by McGill Financial Services, its licensors or the party accredited
with ownership of such Software. You are hereby granted the
right to access and use the Software embedded and integrated
into the Web site, subject to (i) the terms and conditions
of this Agreement, and (ii) any additional conditions which
may be imposed on your access and use of such Software.
If the Web site provides Software for download,
unless otherwise provided, you are hereby granted, subject
(i) to the terms of this Agreement and (ii) to any other terms
and conditions that may apply to your downloading and use
of such Software, a personal, non-transferable, non-exclusive
license to (i) install and run one copy of the Software in
object-code format on a non-networked computer for your personal,
non-commercial use; and (ii) to reproduce the Software only
as reasonably required to install, run and make reasonable
backup copies as allowed by law.
Except to the extent expressly permitted in
this Agreement, you may not: (i) use, reproduce, modify, adapt,
translate, upload, download or transmit the Software in whole
or in part; (ii) sell, rent, lease, licence, transfer or otherwise
provide access to the Software; (iii) alter, remove or cover
any trademarks or proprietary notices included in the Software;
and/or (iv) decompile, disassemble, decrypt, extract or reverse
engineer the Software or assist others in doing so.
Other than the limited license granted herein,
nothing contained in the Web site shall be construed as granting
you any right, title, interest or other license in or to any
Software embedded or integrated into the Web site or made
available for download from the Web site, including, but not
limited, to any intellectual property rights in the Software.
All Software embedded or integrated into the
Web site is provided As Is, without warranties of any kind,
either expressed or implied, including, without limitation,
any warranty (i) that the Software is of merchantable quality
or is fit for any particular purpose; (ii) that the Software
will conform with any specification(s) relating to the Software;
(iii) that the Software will be free from material defects;
(iv) that the Software contains no computer viruses or other
contaminants; or (v) that the Software shall process date-related
and time-related data without causing any processing interruptions,
abnormal termination or process or manipulate any time-related
data.
Online Commerce. Any item herein will be understood to pertain to both McGill Financial Services and McGill Health Serices and their respective web sites
The Web site may allow you to purchase many different types
of products and services online that are provided by McGill
Financial Services (the Wares and Services). When ordering
Wares and Services on the Web site, you must provide complete
and accurate personal information consisting of your name,
address, telephone number, e-mail address, credit card information
and shipping address, as well as any other information requested.
Your receipt of an electronic form or other
form of order confirmation does not signify our acceptance
of your order, nor does it constitute confirmation of our
offer to sell. Your submission of an order to us shall be
deemed to constitute an offer to purchase, which shall remain
open for a reasonable time, unless we agree otherwise, and
will be deemed to be accepted by us only upon shipment of
the Wares and Services. McGill Financial Services, in its
sole discretion, reserves the right at any time after receipt
of your order, without prior notice to you, to supply less
than the quantity you ordered of any item. McGill Financial
Services, in its sole discretion, reserves the right at any
time after receipt of your order, to accept or decline your
order for any reason.
You acknowledge and agree that the price of
the Wares and Services is subject to change without notice
and that the Wares and Services are subject to availability.
The sale of the Wares and Services is void where prohibited
by law. McGill Financial Services, in its sole discretion,
shall have the right, at any time after receipt of your order,
to decline your order for any reason. In the event that the
Wares and Services are listed at an incorrect price, due to
a typographical error or an error in pricing information,
McGill Financial Services, in its sole discretion, shall have
the right at any time after receipt of your order, to decline
your order.
The Web site may allow you to purchase many
different types of products and services online that are provided
by third parties (the Third-Party Merchandise). McGill Financial
Services is not responsible for the legality, quality, accuracy,
timeliness, reliability or any other aspect of any Third-Party
Merchandise. If you make a purchase from a third-party web
hosted by the Web site or linked from the Web site, the information
obtained during your visit to any third-party web site and
the information that you give, such as your credit card number
and contact information, is collected by the third-party web
site and not by McGill Financial Services.
You release McGill Financial Services and its
officers, directors, employees, agents and their respective
successors and assigns from any damages that you incur, and
agree not to assert any claims against them, arising from
your purchase or use of the Wares and Services or Third-Party
Merchandise made available on the Web site or by third-party
web sites through the Web site.
Notice and Procedure for
Making Claims of Copyright Infringement.Any item herein will be understood to pertain to both McGill Financial Services and McGill Health Serices and their respective web sites.
It is the policy of McGill Financial Services to respond to
claims of intellectual property infringement. McGill Financial
Services will promptly process and investigate notices of
alleged infringement and will take any actions, in its sole
discretion, it deems appropriate. Notifications of claimed
copyright infringement should be sent to Peter MacCabe - peter@mcgillfinancial.com
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.
Indemnity. Any item herein will be understood to pertain to both McGill Financial Services and McGill Health Serices and their respective web sites.
You agree to indemnify, defend and hold harmless McGill Financial
Services and its officers, directors, employees, agents, licensors
and their respective successors and assigns, from and against
any and all claims, demands, liabilities, costs or expenses
whatsoever, including, without limitation, legal fees and
disbursements resulting directly or indirectly from: (i) your
breach of any of the terms and conditions of this Agreement;
(ii) your access, use or inability to access or use the Web
site or any Web site to which the Web site is or may be linked
to from time to time; (iii) your use of, reliance on, publication,
communication or distribution, uploading or downloading of
anything on or from the Web site; and/or (iv) your violation
of any law or regulation.
Registration. Any item herein will be understood to pertain to both McGill Financial Services and McGill Health Serices and their respective web sites.
To use certain features of the Web site, you may be asked
to register with the Web site. You agree (i) to provide true,
accurate, current and complete information about yourself
as prompted by any registration form; and (ii) to maintain
and promptly update the information you provide to keep it
true, accurate, current and complete. If McGill Financial
Services has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, McGill Financial
Services has the right to suspend or terminate your access
to and use of the Web site (or any portion thereof). McGill
Financial Services' use of any personally identifying information
you provide as part of the registration process is governed
by the terms of McGill Financial Services' Privacy
Policy.
Passwords. Any item herein will be understood to pertain to both McGill Financial Services and McGill Health Serices and their respective web sites.
To use certain features of the Web site, you may also need
a username and password, which you will receive through the
Website registration process. You are responsible for maintaining
the confidentiality of the password and account, and are responsible
for all activities that occur under your password or account.
You agree to notify McGill Financial Services immediately
of any unauthorized use of your password or account or any
other breach of security, and to ensure that you exit from
your account at the end of each session. McGill Financial
Services cannot and will not be liable for any loss or damage
arising from McGill Financial Services' failure or your failure
to protect your password or account information.
Security. Any item herein will be understood to pertain to both McGill Financial Services and McGill Health Serices and their respective web sites.
Please note that information sent or received over the Internet
is generally unsecure and McGill Financial Services cannot
and does not make any representation or warranty concerning
security of any communication to or from the Web site or any
representation or warranty regarding the interception by third
parties of personal or other information.
Termination. Any item herein will be understood to pertain to both McGill Financial Services and McGill Health Serices and their respective web sites.
McGill Financial Services may at any time, without notice,
in its sole discretion and without cause, terminate your right
to access or use the Web site, (or any portion thereof). McGill
Financial Services may also terminate your right to access
and use the Web site, or any part of the Web site, if you
breach any term or condition of this Agreement.
Governing Law and Jurisdiction. Any item herein will be understood to pertain to both McGill Financial Services and McGill Health Serices and their respective web sites.
The Web site (excluding linked Web sites) is controlled by
McGill Financial Services from its offices within the Province
of Ontario, Canada. By accessing or using the Web site, you
agree that all matters relating to your access to, or use
of, the Web site and/or the Content shall be governed by the
laws of the Province of Ontario and the laws of Canada, without
regard to the conflict of laws principles thereof. You agree
and hereby submit to the non-exclusive jurisdiction of the
Federal Court of Canada and/or the courts of the Province
of Ontario with respect to such matters. You agree that the
provisions of the United Nations Convention on Contracts for
the International Sale of Goods shall not apply.
General. Any item herein will be understood to pertain to both McGill Financial Services and McGill Health Serices and their respective web sites.
Any consent by McGill Financial Services to, or waiver of,
a breach of this Agreement which you have committed, whether
express or implied, shall not constitute a consent to, or
waiver of, any other, different or subsequent breach. You
may not assign or transfer this Agreement or any right or
obligation hereunder. If any term or provision of this Agreement
is held by a court of competent jurisdiction to be invalid,
it shall be severed and the remaining provisions shall remain
in full force without being invalidated in any way. This Agreement
is not intended to create a partnership, joint venture, or
agency relationship between the parties. Except for any agreements
with McGill Financial Services that expressly reference this
Agreement, this is the entire agreement between you and McGill
Financial Services relating to the matters contained herein. |
