Terms and Conditions

You may use this Website subject to these terms and conditions:

Terms of Use of the Website

Terms and Conditions applying to access of a website created or controlled by Newsite Data Systems Inc. (NDS Inc.), including NewSite.ca. In these terms and conditions, "Newsite Data Systems Inc." is a collective and inclusive title embracing NewSite.ca website ( "NDS Inc. website").

We have designed NewSite.ca to provide a source of comprehensive and relevant information for both the personal consumer and the business-to-business user.

1. By accessing or using any part of NDS Inc. website you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use any of the websites controlled by NDS Inc. We may change these conditions at any time without any notice to you. By your continued access and use of NDS Inc. website, you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made.

2. Except where otherwise noted, the content of NDS Inc. Web pages (including their design, text, graphics and arrangement) and the software used, is the property of and is owned and controlled by NDS Inc. and is the copyright material of NDS Inc. or its associated content-provider organizations.

3. "NewSite.ca" is a trade mark of NDS Inc. All other trademarks, product names and company names or logos cited anywhere on NDS Inc. website are the property of their respective owners.

4. Save as provided below, no materials from NDS Inc. websites may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way. Subject to applicable third-party content-providers' licenses, you may electronically copy and print in hard copy, portions of NDS Inc. websites for your personal use only. Any other use, modification, distribution or republication without the prior written consent of NDS Inc. is similarly strictly prohibited. You are not permitted to sell or trade in material so copied.

5. NDS Inc. may make available merchandise, products or services provided by third parties through NDS Inc. or links on NDS Inc. websites. Third-party providers are solely responsible for the use of any information that you provide to them. We strongly suggest that you make whatever investigation or enquiry you feel is necessary or desirable before proceeding with any transaction (whether completed online or off-line) with any third party. Your transactions with any third party are solely between you and that third party and are subject to any terms and conditions that may apply to such transactions. You will be responsible for paying all charges you incur and applicable taxes, if any, relating to such charges. Neither NDS Inc. nor any of its officers, directors, employees, agents, sponsors, licensers or the like makes any representation or warranty or condition, either express or implied, to you regarding any: merchandise, products or services made available through NDS Inc. or through any link on NDS Inc. websites nor the content, accuracy, completeness, legality, reliability, quality or suitability of any information provided by any third-party provider. Information you may be requested to give to any third party or the security of such information.

6. Except as expressly provided, nothing contained in these conditions or anywhere on NDS Inc. websites shall be construed as conferring any license under any of NDS Inc. or any third party's intellectual property rights. While using NDS Inc. website you will likely access third-party Web sites through search results displayed on NewSite.ca website and links contained on this website. Such third-party Web sites are not under the control of NDS Inc. and NDS Inc. is not responsible for the availability of such sites or their contents. Any links provided on NewSite.ca website are provided for your interest or convenience only and do not represent or imply any endorsement by NDS Inc. of such linked site. You acknowledge that the use of such third-party Web sites is governed by the terms and conditions of use applicable to such sites. NDS Inc. shall not be responsible or liable, directly or indirectly for the accuracy, content, timeliness, completeness, legality, reliability, quality, suitability, merchantability or decency of any information, advice, content, service, product or merchandise contained in sites listed on NewSite.ca website or linked to NDS Inc.

7. NewSite.ca website is provided by NDS Inc. on an "as is" and "as and when available" basis to users. You use NewSite.ca website is at your own risk. NDS Inc. and its associated content-provider organizations make considerable efforts to make information made available via NewSite.ca website as accurate as possible but no warranty or fitness is implied. Neither NDS Inc. nor any of its officers, directors, shareholders, employees, affiliates, agents, third-party content providers, sponsors, licensors, or the like, makes any representation or warranty or condition, either express or implied, to you: a) that NewSite.ca website will be uninterrupted or error-free, b) that NewSite.ca website or the computer server from which NewSite.ca website is made available, are free of viruses or other harmful components, c) to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through NewSite.ca website. NDS Inc. makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to: a) NewSite.ca website content, merchandise, services, documents, information, items or materials provided by NDS Inc. in connection with the use of NewSite.ca; or d) any property or services or information received through or advertised on NewSite.ca or received through links provided on NewSite.ca, including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise. No oral advice or written information given by NDS Inc. or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.

8. NDS Inc. is not an agent for and does not vouch for those persons, companies and other organizations whose property, goods or services may be displayed or referred to in NewSite.ca website, nor for the availability, suitability or prices of such, property, goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organizations. NDS Inc. advises users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other organizations whose property, goods or services may be displayed or referred to in NewSite.ca website. NDS Inc. makes available certain information provided by third parties. NDS Inc. recommends that before you use any such information with respect to any issues or questions that you may have relating to medicine, law, accounting or any other profession you seek advice from a qualified professional. NDS Inc. may make available certain financial information provided by third parties, including information regarding mortgages, personal finance, stocks, investments and securities. Such investment information is for information purposes only and you should not construe it as investment advice or use it for trading or investing purposes. Financial investments bear varying degrees of risk. NDS Inc. strongly discourages you from making any investment decision based upon information that you cannot confirm and strongly recommends that you seek advice from a qualified financial advisor before you make any financial investment.

9. Neither NDS Inc. nor its associated content-provider organizations seek to limit or exclude liability for death or personal injury arising from their negligence. Under no circumstances will NDS Inc. or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of NewSite.ca website be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either: a) use of and reliance on NewSite.ca website; or b) inability to use NewSite.ca website; or c) mistakes, omissions, interruptions, suspension, termination, deletion of files or email, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to NewSite.ca website including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorized access to NDS Inc. records, programs or services; or d) merchandise, products or services received through or advertised on NewSite.ca website and merchandise, products or services received through or advertised on any links provided on NewSite.ca website; or e) information or advice received through or advertised on NewSite.ca website and information or advice received through or advertised on any links provided on NewSite.ca website; or f) any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using NewSite.ca website. NDS Inc. is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using NewSite.ca website is done at your own risk and NDS Inc. shall not be responsible or liable for any damages or injury that may result from transmitting such information. If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

10. These conditions and any and all documents specifically mentioned in them constitute the entire agreement between you and NDS Inc. with respect to the subject matter. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.

11. These conditions shall be governed by and construed in accordance with the laws of Canada. NDS Inc. controls its websites from within the country of Canada. It can, however, be accessed from other places around the world. Although these places may have different laws from those of Canada, by accessing NewSite.ca website you agree that the laws of Canada, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of NewSite.ca website. You and NDS Inc. also agree to submit to the non-exclusive jurisdiction of the Canadian courts, with respect to such matters. Users of NewSite.ca website accessing it from places outside of Canada acknowledge that they do so voluntarily and are responsible for complying with local laws.

 

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