GENERAL TERMS AND CONDITIONS OF USE
Sourced Group hereby grants you permission to use the Website and associated Products and Services in accordance with this Agreement, provided that:
In order to access some features of the Website, you may have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Sourced Group immediately of any breach of security or unauthorized use of your account. Although Sourced Group will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sourced Group or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Sourced Group servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Sourced Group grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Sourced Group reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website.
Sourced Group reserves the right to establish data transfer restrictions and/or limit the total amount of data transfer associated with your account. User accounts may be closed by Sourced Group should the total amount of data transfer exceed an amount deemed excessive in Sourced Group’s sole discretion.
Sourced Group reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. Sourced Group reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
The Website may permit the submission of communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and publishing of such User Submissions. You understand that Sourced Group does not guarantee any confidentiality with respect to any such submissions.
You are solely responsible for your own User Submissions and the consequences of posting or publishing them. For all User Submissions you submit which are intended for public use, you represent and warrant that:
For User Submissions you submit, you further agree that you will not:
The content on the Website, except for User Submissions, including the text, software, scripts, graphics, photos, sounds, music, videos, code, and interactive features (“Content”) and the trademarks, trade names, service marks and logos contained therein (“Marks”), are owned by or licensed to Sourced Group, subject to copyright and other intellectual property rights under Canadian law and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners. Sourced Group reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
The viewing or downloading of any content, form or document grants the User only a limited, non-exclusive licence for use solely by the User for his or her own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the User’s personal use (but not for resale or redistribution).
Sourced Group encourages you to exercise discretion while using the Products and Services. From time to The User acknowledges and agrees that these General Terms and Conditions of Use do not impose a financial obligation on you or creates any representation between you and Sourced Group. The User agrees that he or she will not directly or indirectly, display, post disseminate, distribute, publish, broadcast, transfer, sell or sublicense any of the information provided through the Products and Services to another individual or entity. The prohibited uses expressly include “screen scraping” and “database scraping”), “data mining” or any other activity intended to collect, store, re-organize, summarize or manipulate the website’s information or other related data.
Sourced Group may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. Sourced Group makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web guides or other directories, or of any of the sites otherwise linked to Sourced Group’s Web sites. Sourced Group shall not be held responsible for the accuracy, copyright or trade mark compliance, legality or decency of material contained in sites listed in Sourced Group’s search results or otherwise linked to Sourced Group’s Web sites or provided to the Sourced Group by third parties.
Sourced Group reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.
By using the Website you agree to indemnify Sourced Group and its parents, subsidiaries, affiliates, content providers, officers and employees and hold them harmless from any and all claims and expenses, including legal fees, arising from your use of the Website and affiliated Sourced Group websites. By accessing the Website you are agreeing to release Sourced Group and its parents, subsidiaries, affiliates, officers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services. You agree to waive all laws that may limit the efficacy of such releases.
User’s right to use the Website is not transferable. Any password or right given to User to obtain accesss to Products and Services is not transferable in any way and Users should protect their usernames and passwords. Any unauthorized use of usernames and passwords by a User shall result in an immiediate termination of access.
Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services and/or the Website shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Province of Ontario applicable to contracts entered into and wholly to be performed within said province. Any controversy or claim arising out of or relating to these Terms and Conditions or any User’s use of the Products and Services and/or the Website shall be settled by binding arbitration in accordance with the Expedited Arbitration Rules of the ADR Chambers in Toronto. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Toronto, and judgment on the arbitration award may be entered into in any Superior court in Ontario having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any Superior court in Ontario (or other jurisdiction) having jurisdiction thereof. By using the Products and Services and the Website and thereby agreeing to this Agreement, Users consent to personal jurisdiction and venue in the City of Toronto with respect to all such disputes.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject-matter contained herein and supersede any other agreement, proposals and communications, written or oral, between Sourced Group’s representations and you with respect to the subject-matter hereof; except that any other terms and conditions located on any individual website are incorporated in this Agreement by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular Web site and any products or services available on or through the website at which those other provisions may be found.