Please read these Terms of Use carefully before using this website
("Site”) and print a copy for your records. This Site is provided to
you by Habitat for Humanity Canada ("Habitat”). Your access to and use
of this Site is subject to these Terms of Use and all applicable laws.
By accessing and using this Site you ("you”) agree to be bound by these
Terms of Use whether or not you have read them. If you do not agree to
these Terms of Use, do not access or use this Site. Habitat may at its
sole discretion modify these Terms and of Use at any time and such
modifications will be effective immediately upon being posted on this
Site. Please check these Terms of Use periodically for any
modifications. If you do not agree to any modifications of these Terms
of Use, you must immediately stop using this Site. Your continued use of
this Site following posting of the modifications will indicate your
acceptance of these modified Terms of Use.
Your
use of this Site will be in compliance with all applicable laws and
regulations. The information, functionalities, products, services and
other materials displayed on, offered through or contained on this Site
are provided for your convenience only and may be modified, removed or
made unavailable at any time. Habitat may at any time and at its sole
discretion restrict or terminate your right to use this Site.
Habitat’s personal information
practices on this Site are governed by Habitat’s privacy policy
available at www.habitat.ca. Please review this privacy policy and
print a copy for your records. This Site does not intend to target or
collect personal information from individuals under the age of majority.
Messages submitted to this Site by electronic mail or otherwise are,
and will be treated as, non-confidential and non-proprietary.
This Site may contain links or
references to third party websites. These links are provided for your
convenience only. No endorsement of any third party products, services
or information is expressed or implied by the provision of any such
links. Your use of third party websites is subject to the terms and
conditions of use and the privacy policies of such websites.
The materials displayed on or
contained within this Site including, without limitation all software,
design, text, editorial materials, informational text, photographs,
illustrations, images, audio clips, video clips, short features, tools,
artwork and other graphic materials, and names, logos, trade-marks and
service marks (the "Habitat Materials”), are the property of Habitat or
its licensors and are protected by copyright, trade-mark and other
intellectual property laws.
Habitat hereby grants you a
personal, non-exclusive, non-assignable and non-transferable license to
use and display the Habitat Materials for non-commercial and personal
use only, provided that you maintain all copyright and other notices
contained in such Habitat Materials. You agree not to produce,
reproduce, modify, publish, create derivative works from, display,
perform, translate, distribute, adapt, broadcast, communicate to the
public by telecommunication or circulate any Habitat Materials to any
third party (including, without limitation, the display and distribution
of Habitat Materials via a third party website) without the express
prior written consent of Habitat. Unless expressly permitted herein,
any use of Habitat Materials is only permitted with the express written
permission of Habitat and/or its licensors. You further agree that you
will not disassemble, decompile, reverse engineer or otherwise modify
the Habitat Materials.
THIS SITE, ITS CONTENTS, THE
HABITAT MATERIALS, AND ANY FUNCTIONALITIES, PRODUCTS AND SERVICES
OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN
"AS AVAILABLE" BASIS. HABITAT MAKES NO REPRESENTATIONS, WARRANTIES,
GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED,
ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE,
WITH RESPECT TO THIS SITE, ITS CONTENTS, THE HABITAT MATERIALS OR SUCH
FUNCTIONALITIES, PRODUCTS AND SERVICES OFFERED OR CONTAINED HEREIN, AND
DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, GUARANTEES AND
CONDITIONS, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES,
GUARANTEES AND CONDITIONS OF MERCHANTABLE QUALITY, QUALITY OR FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY,
RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS. HABITAT DOES NOT
PROVIDE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION THAT THE
INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HEREBY
DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.
IN NO EVENT SHALL HABITAT OR ANY
OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES OR OTHER
REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF
OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF
ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY HABITAT
MATERIALS; ANY PRODUCTS, FUNCTIONALITIES OR SERVICES OFFERED OR
CONTAINED IN THIS SITE; OR FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, OR INABILITY TO USE THIS SITE WHETHER OR NOT ARISING FROM
BREACH OF CONTRACT, TORT, CIVIL LIABILITY OR OTHERWISE AND EVEN IF
HABITAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW.
You
agree to indemnify and hold harmless Habitat and its directors,
officers, employees, agents, mandataries or other representatives from
and against all claims, liability, damages and expenses, including
without limitation all legal fees and costs arising from or relating to
your breach of these Terms of Use and your use of this Site.
These Terms of Use shall be
governed by, construed and enforced in accordance with the laws of the
Province of Ontario, with the exception of residents of Quebec, in which
case these Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the province of Quebec, and in each case
the laws of Canada applicable therein. The parties irrevocably attorn to
the jurisdiction of the courts of the Province of Ontario or, for
residents of Quebec, to the courts in the District of Montreal, Province
of Quebec.
These
Terms of Use constitute the entire agreement between you and Habitat
with respect to your use of this Site and supercede all previous
agreements, understandings and representations relating thereto. No
failure by Habitat or you to exercise (in whole or in part) any rights,
powers or remedies hereunder or its delay to do so shall constitute a
waiver of these rights, powers or remedies. If any provision of these
Terms of Use or part thereof is or becomes illegal, invalid or
unenforceable in any jurisdiction, the illegality, invalidity or
unenforceability of that provision will not affect the legality,
validity or enforceability of the remainder of the provision or the
remaining provisions of these Terms of Use, as the case may be, or the
legality, validity or enforceability of that provision or part thereof
in any other jurisdiction. It is the express wish of the parties that
these Terms of Use and all related documents be drawn up in English.
C’est la volonté expresse des parties que la présente convention ainsi
que tous les documents y afférents soient rédigés en anglais. Sections
4, 5, 6, 7, 8 and 9 shall survive the termination of your right to use
this Site.
Last Updated January 4, 2011