Internet World Wide Web Site and Services Provision (Rules and Regulations)
Open For Change Enterprises Inc., its subsidiaries and affiliates (collectively “OFC”) requires that all the visitors to our site(s) on the World Wide Web (the “Site”) adhere to the following rules and regulations. By accessing the Site you indicate your acknowledgment and acceptance of these terms and conditions.
1. Laws and Regulations
User access to and use of the Site is subject to all applicable international, federal, provincial and local laws and regulations.
2. Copyright/Trade Marks
The trade marks, logos and service marks (“Marks”) displayed on the Site are the property of OFC and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of OFC or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
3. No Warranties
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEB SITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, SECURITY OR ACCURACY. OFC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR A LINKED SITE BY ANY PARTY OTHER THAN OFC, OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL OFC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
4. Limitation of Liability For Use of the Site and Linked Sites
THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS, AND OFC SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE AND LINKED SITES. OFC MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME. YOU AGREE THAT OFC, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF OFC IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE OFC), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE. OFC CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.
5. Limitation of Liability for Services Arranged Through the Site
YOU AGREE THAT OFC IS A MERE AGENT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO TRAVEL SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS. OFC HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE OFC FROM ANY LIABILITY WITH RESPECT TO THE SAME.
6. Confidentiality of User Communications
Except as required by law and in accordance with the OFC Web Site Privacy Policies, OFC will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to OFC. Postings by a user on any message board or in any chat room will not be protected as confidential and OFC may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to any of its parent, subsidiaries and affiliates for any purpose whatsoever and as deemed appropriate by OFC. User should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. OFC is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
7. Linked Internet Sites
OFC prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. OFC reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user’s own risk. User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. OFC is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
OFC is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, OFC may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain:
(a) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
(b) advertisements or solicitations of any kind;
(c) messages posted by users impersonating others;
(d) personal information such as messages which state phone numbers, social insurance
numbers, account numbers, addresses, or employer references;
(e) messages by non-spokesperson employees of OFC purporting to speak on behalf of
OFC or containing confidential information or expressing opinions concerning OFC;
(f) messages that offer unauthorized downloads of any copyrighted or private information;
(g) multiple messages placed within individual folders by the same user restating the same
9. Transmission of Personal Data
User acknowledges and agrees that by providing OFC with any personal or proprietary user information through the Site, user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with OFC’s standard business practices. User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. OFC is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
10. Changes to Rules and Regulations
OFC reserves the right to revise these Rules and Regulations at any time and users are deemed to be apprised of and bound by any changes to these Rules and Regulations.
11. Violations of Rules and Regulations
OFC reserves the right to seek all remedies available at law and in equity for violations of
these Rules and Regulations, including the right to block access from a particular Internet address to the Site.
12. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
13. Use of “Cookie” File Features
14. Jurisdiction/Governing Law
Users of this Site agree to submit to the laws of the Province of British Columbia and applicable federal law without regard to conflicts of laws principles.
Copyright © 2014 Open For Change Enterprises Inc. All Rights Reserved. OFC products, services and benefits are offered in Canada by OFC. Users of this site agree to be bound by the terms of the OFC Web Site Rules and Regulations.