PLEASE READ THESE TERMS OF USE TOGETHER WITH ANY AND ALL OTHER TERMS, CONDITIONS, AND POLICIES REFERENCED HEREIN CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AS WELL AS DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS OF OUR LIABILITY AND LIMITATIONS AND WAIVERS OF YOUR RIGHTS AND REMEDIES.
- Welcome to EmergencyTIPS.ca! This website (this “Site”) is owned and operated by Emergency TIPS Inc. (“ETIPS”, “we”, “us”, or “our” or words of similar meaning). This Site provides you with access to our proprietary web-based software-as-a-service (SaaS) emergency management software called Emergency Preparedness Integrated Course EPIC (the “ETIPS Software” and, together with the Platform and any associated applications and software, the “Platform”).
- Your Agreement to these Terms of Use. The Platform, the Content, and Links (each, as defined herein) are made available to you subject to your compliance with these terms and conditions of use and our Privacy Policy (collectively, these “Terms of Use”).
THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND ETIPS. BY ACCESSING OR USING THE PLATFORM OR ANY CONTENT (IN WHOLE OR IN PART), YOU COVENANT AND AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS OF USE AND REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS OF USE (IN WHOLE OR IN PART), YOU ARE NOT PERMITTED TO ACCESS OR USE THE PLATFORM OR ANY CONTENT.
- The Platform is only accessible to users who are 18 years of age or older and capable of entering into binding contracts. Minors are forbidden to access and use the Platform (in whole or in part). When accessing the Platform or any portion of it, you represent and warrant that you are at least 18 years of age and capable of entering binding contracts.
- ETIPS reserves the right, in its sole discretion, to amend, modify, restate, replace, or supplement these Terms of Use, in whole or in part, at any time and from time to time. You should review these Terms of Use regularly. By accessing or using the Platform or any Content after any such amendments, modifications, restatements, replacements, or supplements, you agree to be bound by, and comply with, these Terms of Use, as so amended, modified, restated, replaced, or supplemented. If any such amendment, modification, restatement, replacement, or supplement is not acceptable to you, you must immediately cease accessing and using the Platform and any and all Content.
- Content, Links, and Third-Party Sites. The Platform contains content provided by ETIPS and third parties (the “Content”) and may contain forms or links (each, a “Link”) that direct you to websites of third parties (each, a “Third-Party Site”). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETIPS DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR ANY CONTENT, LINK, OR THIRD-PARTY SITE WILL BE ERROR FREE, OR COMPLETELY ACCURATE OR CURRENT AT ALL TIMES OR AT ANY TIME. INFORMATION ON THE PLATFORM COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. TO THE EXTENT THAT THE PLATFORM OR ANY CONTENT, LINK, OR THIRD-PARTY SITE IS CURRENT AS OF THE DATE OF FIRST PUBLICATION, IT MAY NO LONGER BE ACCURATE AS A RESULT OF THE PASSAGE OF TIME. NO ONE SHOULD ACT, OR NOT ACT, ON THE SOLE BASIS OF THE CONTENT, LINKS, OR THIRD-PARTY SITES (IN WHOLE OR IN PART).
- CAUTION: Professional Emergency Management Advice Not Provided. The Platform and the Content are provided for convenience and information purposes only, contain statements of general principles only, and are not meant as professional emergency management opinion or advice. You are cautioned not to act or rely solely upon the basis of the information provided by way of the Platform, including the Content, without first seeking specific advice from a competent emergency management professional who will be able to provide analysis and advice on a specific matter and with respect to your unique circumstances. None of the Content is intended to be, nor will any of it be construed as being, in any way whatsoever professional emergency management, emergency response, or medical or health related advice or any other advice of a similar nature. No one should act, or not act, on the sole basis of the Platform or the Content. Neither the Platform nor any of the Content is intended to replace emergency management services provided by a competent emergency management professional. You may not rely upon the Platform or the Content (in whole or in part) in any way whatsoever during an emergency or incident. Neither the Platform nor any of the Content should ever be used in a mission-critical context, including any circumstances in which harm, including physical injury, disease, or death, could be caused to any person or otherwise interfere with proper incident response. Neither the Platform nor any of the Content should be relied upon as accurate, reliable, complete, current, timely, or fit for any particular purpose. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETIPS DOES NOT REPRESENT, WARRANT, OR GUARANTY ANY PARTICULAR RESULT FROM THE ACCESS OR USE OF THE PLATFORM OR ANY CONTENT AND HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ANY RELIANCE WHATSOEVER ON THE PLATFORM OR THE CONTENT IN WHOLE OR IN PART.
- Your Content. The Platform may allow for you to share, upload, or provide information and other content to the Platform and to us and third parties from time to time (“Your Content”). By uploading or providing any of Your Content to the Platform, you represent and warrant that you have all necessary rights and licences to do so. ETIPS reserves the right in its discretion to remove, edit, limit, or block access to any of Your Content at any time, and it will have no obligation to display or review Your Content. You are solely responsible and liable for Your Content.
- Your Publicly Shared Content. Your Content, other than your personal information, is referred to herein as “Your Publicly Shared Content”. You acknowledge and agree that Your Publicly Shared Content is public. By uploading or providing Your Publicly Shared Content to the Platform, you automatically and unconditionally grant ETIPS a non-exclusive, royalty-free, irrevocable, sub-licensable, transferrable, perpetual, worldwide right and licence to use, copy, modify, display, and publish Your Publicly Shared Content in any way, without compensation to you, including editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, and otherwise making available to the general public Your Publicly Shared Content (in whole or in part) in any format or medium currently known or developed in the future (“Your Licence”). You acknowledge and agree that ETIPS may assign, transfer, or sub-license Your Licence to any person, including its affiliates and successors, without any further approval by you.
- Prohibited Content. You agree to not post, provide, or upload any of Your Content to the Platform that:
- contains language or imagery that could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person;
- is obscene, pornographic, violent, or that otherwise may offend human dignity;
- is abusive, insulting, threatening, discriminatory, or that promotes or encourages racism, sexism, hatred, or bigotry;
- is inaccurate, incomplete, or misleading or includes advice or guidance that is negligent or fraudulent;
- encourages any illegal activity (including terrorism) or incites racial hatred or the submission of which in itself constitutes committing a criminal offence;
- is defamatory or libellous;
- unless and only to the extent otherwise expressly provided in any other agreement between you and ETIPS, relates to commercial activities, including sales, competitions and advertising, or links to other websites or premium line telephone numbers;
- involves the transmission of “junk” mail or “spam”;
- contains any spyware, adware, viruses, corrupt files, Trojan horses, worm programs or other malicious code designed to interrupt, damage, limit the functionality of, or disrupt any software, hardware, telecommunications, networks, servers or other equipment; or contains any other material designed to damage, interfere with, wrongly intercept, or expropriate any data or personal information whether from ETIPS or otherwise;
- itself, or the posting of which, infringes any person’s rights, including intellectual property rights and privacy rights; or
- shows another person if Your Content was created or distributed without that person’s express consent.
- Permitted Uses. You may access and use the Platform and the Content and Links only in accordance with these Terms of Use and applicable law. ETIPS grants to you a non-exclusive, non-transferable, revocable right and licence to access and use the Platform and the Content only to display on your own computer or mobile device for your own personal non-commercial use, provided that the Content is not modified or altered in any way whatsoever (“Permitted Uses”). By accessing or using the Platform or any other ETIPS Property (as defined herein) or by displaying, saving, downloading, or printing a copy of any Content, you do not acquire any ownership rights, including by right or licence, to the Platform or any other ETIPS Property. All rights not expressly granted herein by ETIPS are expressly reserved by ETIPS.
- Linking and Third-Party Sites. You acknowledge and agree that:
- Links and Third-Party Sites and the content of, and any services or products accessible by, Links or Third-Party Sites are not provided by, nor is any of it under the control of, ETIPS;
- ETIPS does not endorse any content of, or any services or products accessible by, any Third-Party Site or provide any representation, warranty, or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such Third-Party Site or the content thereon or any services or products advertised thereon or accessible thereby; and
- if you choose to access a Third-Party Site, you do so entirely at your own risk and liability.
- Any and all trademarks, corporate names, business names, and other trade names of ETIPS, including EMERGENCYTIPS™ and ETIPS™ and any and all logo, word script, and design versions thereof, in each case whether registrable or not, owned, or used by ETIPS are trademarks of ETIPS or its affiliates (collectively, the “ETIPS Marks”). Other trademarks, service marks, graphics, and logos used in connection with ETIPS Property may be the trademarks of their respective owners. You are not granted any right or license with respect to any of the foregoing trademarks, including ETIPS Marks, or any use thereof.
- ETIPS Property.
- “ETIPS Property” means the Platform and any and all related: (i) ETIPS Marks, Content, services, and products; (ii) logos, designs, graphics, images, photographs, artwork, and other artistic works; (iii) editorial content, text, data, and other literary works; (iv) videos, sounds and all performance or audio-visual works; (v) selections, arrangements, compilations, modifications, and enhancements of any of the foregoing (vi) software, including source code, object code, and scripts that may execute on the Platform’s servers or that may be embedded or downloadable from individual web pages on the Platform; (vii) the look and feel, architecture, interface, templates, layout, and web pages of the Platform; and (viii) intellectual property rights in any of the foregoing.
- You acknowledge and agree that all ETIPS Property: (i) is protected by copyright and is owned by ETIPS, its affiliates, its trading partners, and/or its licensors; (ii) contains proprietary information and material that is owned by ETIPS, its affiliates, its trading partners, and/or its licensors; and (iii) is protected by applicable law, including copyright law. Any and all copyrights in and to any ETIPS Property, including the compilation of content, postings, links to other Internet resources, and descriptions of those resources and related software, are owned by ETIPS and its affiliates or their respective licensors, who in each case reserve all their rights in law and equity.
- The use of any software owned by or licensed to ETIPS (including related code or scripts) or any part of ETIPS Property, except as expressly permitted pursuant to these Terms of Use, is strictly prohibited and infringes on the intellectual property rights of ETIPS and others and may subject you to civil and criminal penalties, including monetary damages, for copyright infringement.
- Notwithstanding any other provision of these Terms of Use, ETIPS and its licensors reserve the right to change, suspend, remove, or disable access to any ETIPS Property at any time without notice. You acknowledge and agree that, in no event will ETIPS be liable for making any such changes. ETIPS may also impose limits on your use of or access to certain features or portions of ETIPS Property, in any case and without notice or liability.
- Prohibited Activities. You may not access the Platform or any other ETIPS Property in any way or for any purpose that is unlawful or that contravenes these Terms of Use. Unless and only to the extent otherwise expressly permitted in writing by ETIPS, you will not access or use any ETIPS Property for any purpose that is outside the scope of the Permitted Uses or that violates the rights of ETIPS or any other person. Without limiting the foregoing, you will not, directly or indirectly, on your own or with any other person, in any manner whatsoever:
- access or use any portion of the Platform or other ETIPS Property that is not expressly authorized for use by you;
- exploit any ETIPS Property (in whole or in part), including by trespass or burdening network capacity (either of ETIPS or a third party);
- reproduce any ETIPS Property (in whole or in part) in any form or by any means;
- make available, distribute, display, post, disseminate, publish, republish, transmit, re-transmit, communicate to the public, or broadcast any ETIPS Property (in whole or in part);
- create derivative works of any ETIPS Property (in whole or in part), or modify, translate, select, arrange, merge, compile, or otherwise combine any ETIPS Property (in whole or in part) with other data, content, or frame from or on another website;
- scrape, whether by way of screen scraping or database scraping, any ETIPS Property (in whole or in part) or engage in any other activity intended to collect, store, reorganize, summarize, or manipulate any ETIPS Property (in whole or in part), whether by an automatic program or a manual process;
- sell, licence, sublicence, transfer, rent, lease, or loan any ETIPS Property (in whole or in part) or any reproduction of all or any portion thereof in any medium;
- decompile, disassemble, reverse engineer, virtualize, or otherwise exploit any ETIPS Property (in whole or in part), its architecture, or any underlying software or code;
- dilute, tarnish, or otherwise harm ETIPS brand, goodwill, or reputation in any way, including through unauthorized use of any ETIPS Property, registering or using ETIPS Marks (in whole or in part) or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering or using domain names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to ETIPS’s domains, trademarks, taglines, promotional campaigns, or any other ETIPS Property;
- access or use the Platform or any other ETIPS Property (in whole or in part) in any way or for any purpose that violates applicable law or any of the terms and conditions of these Terms of Use;
- access or use the Platform or any other ETIPS Property (in whole or in part) for any purpose that violates the rights of ETIPS or (in the sole discretion of ETIPS) any other person;
- access or use the Platform or any other ETIPS Property (in whole or in part) for any purpose or in any manner that falsely implies the endorsement of ETIPS, a partnership with ETIPS, or otherwise misleads others as to your affiliation or relationship with ETIPS;
- use the Platform or any Links (in whole or in part) in the operation of a service bureau or process or permit to be processed the information or data of any person;
- copy, store, or otherwise access or use any information, including personal information of any other person, contained on or accessible by way of the Platform in any way that is inconsistent with applicable law or that otherwise violates the privacy rights of any person;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation or otherwise engage in any violent, harmful, abusive or disruptive behaviour or otherwise contrary to applicable law;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by ETIPS or any person for or on behalf of ETIPS to protect the Platform or any other ETIPS Property (in whole or in part);
- take any action that damages or adversely affects or could damage or adversely affect the performance or proper functioning of the Platform or any other ETIPS Property (in whole or in part); or
- violate or infringe any person’s rights (including intellectual property rights) or otherwise cause harm, injury, illness, or death to any person or any losses or damages to any tangible or intangible property.
- For information about how ETIPS collects, uses, and shares your personal information, please review our Privacy Policy.
- YOU ACKNOWLEDGE AND AGREE THAT:
- THE PLATFORM AND ANY AND ALL CONTENT AND LINKS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND WHATSOEVER;
- ACCESS TO, AND USE OF, THE PLATFORM AND ANY AND ALL CONTENT, LINKS, AND THIRD-PARTY SITES AND ANY RELATED SERVICES AND PRODUCTS IS ENTIRELY AT YOUR OWN RISK AND LIABILITY;
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETIPS DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND WHATSOEVER (WHETHER EXPRESS, IMPLIED, OR COLLATERAL) AND ANY AND ALL LIABILITY WITH RESPECT TO THE PLATFORM AND ANY AND ALL CONTENT, LINKS, AND THIRD-PARTY SITES, AND ANY RELATED SERVICES AND PRODUCTS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS, OR THAT THE PLATFORM OR ANY CONTENT OR ANY THIRD-PARTY SITE OR ANY RELATED SERVICE OR PRODUCTS WILL MEET ANY PERSON’S NEEDS OR WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME OR WILL BE UNINTERRUPTED OR ERROR-FREE;
- ETIPS DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE PLATFORM OR ANY CONTENT, LINKS, THIRD-PARTY SITES, OR ANY RELATED SERVICES OR PRODUCTS IS OR WILL BE COMPATIBLE WITH YOUR COMPUTER SYSTEMS, ERROR-FREE, OR FREE OF VIRUSES, WORMS, TROJAN HORSES, DISABLING DEVICES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR HAS HARMFUL EFFECTS;
- ETIPS WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR, AND YOU ARE SOLELY RESPONSIBLE FOR, IMPLEMENTING APPROPRIATE SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR COMPUTER SYSTEMS AND THE ENTIRE COST OF ANY SERVICE, REPAIRS, OR CONNECTIONS OF AND TO YOUR COMPUTER SYSTEMS THAT MAY BE NECESSARY AS A RESULT OF YOUR USE OF THE PLATFORM AND ANY AND ALL CONTENT, LINKS, THIRD-PARTY SITES, OR ANY RELATED SERVICES AND PRODUCTS; AND
- ETIPS WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL OR ANY OTHER COMMUNICATION BETWEEN YOU AND ETIPS OR ANY THIRD PARTY ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ONLINE OR ON THE INTERNET OR THE PLATFORM OR ANY LINKS, THIRD-PARTY SITES, THIRD-PARTY SERVICES, OR ANY OTHER WEBSITES OR SERVICES, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM DOWNLOADING OR STREAMING ANY CONTENT OR MATERIALS.
- Violation of the Law. You acknowledge and agree that any attempt by you or on your behalf to deliberately damage or misappropriate the Platform or any other ETIPS Property (in whole or in part) or to undermine the legitimate operation of the Platform or any other ETIPS Property (in whole or in part) may be a violation of criminal and/or civil laws, and should such an attempt be made, ETIPS reserves the right to seek damages from you to the maximum extent permitted by law.
- To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ETIPS and its trading partners and licensors and their respective affiliates and their respective directors, officers, employees, personnel, contractors, subcontractors, agents, and representatives from and against any and all actual, threatened or potential civil, criminal, administrative, regulatory, arbitral, or investigative claims, demands, allegations, actions, suits, investigations, or proceedings and any and all losses, liabilities, and damages (including taxes and related penalties) and related costs or expenses, including legal fees (on a full indemnity basis), and expenses and costs of litigation, settlement, judgement, appeal, interest and penalties (on a full indemnity basis) that may be suffered or incurred by any of them arising out of or as a result of or relating in any manner whatsoever to:
- any breach or non-observance by you of these Terms of Use, including any of your obligations pursuant to or in connection with these Terms of Use;
- Your Content;
- your reliance upon or any use of or any actions or omissions by you in reliance upon the Platform or any Content, Links, or Third-Party Sites (in whole or in part);
- any loss of, damage to, or destruction of ETIPS Property or the property of any other person, including any Links, Third-Party Sites, or any related services or products, to the extent that said loss, damage or destruction is caused by you or someone for whom you are responsible at law;
- personal injury (including death) in connection with the Platform or any Content, Links, Third-Party Sites, or any related services or products to the extent caused by you; or
- your negligence, fraud, or criminal, willful, or intentional misconduct.
- LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ETIPS OR ANY OF ITS TRADING PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PERSONNEL, CONTRACTORS, SUBCONTRACTORS, AGENTS, OR REPRESENTATIVES BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, TANGIBLE OR INTANGIBLE HARM, IRREPARABLE HARM, LEGAL FEES, OR ANY LOSS OF ANY KIND WHATSOEVER, OR OTHER LIABILITIES, WHETHER OR NOT ETIPS OR ANY ETIPS PERSONNEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM OR ANY CONTENT, LINKS, THIRD-PARTY SITES, OR THIRD-PARTY SERVICES OR PRODUCTS.
- Injunctive and Equitable Relief. You acknowledge and agree that, to the maximum extent permitted by applicable law:
- your compliance with these Terms of Use is necessary to protect personal information and/or the intellectual property, confidential information, proprietary information, business, goodwill, and/or proprietary interests of ETIPS and its affiliates and third parties;
- your breach of these Terms of Use may give rise to irreparable harm or injury to ETIPS that will not be adequately compensable with monetary damages;
- ETIPS may, in addition to any other remedy, enforce the performance of these Terms of Use by way of equitable relief, including interim, interlocutory and/or final injunctive relief, specific performance, or such other and further relief as a court may deem just and proper, upon application to a court of competent jurisdiction without proof of actual damages, without a requirement that a finding of irreparable harm or other criteria for the awarding of injunctive relief be made, and without the requirement of posting a bond or other security; and
- notwithstanding that damages may be readily quantifiable, you will not plead sufficiency of damages as a defence in any such proceeding.
- The division of these Terms of Use into Sections and the insertion of headings are for convenience of reference only and will not affect the construction or interpretation of these Terms of Use. The terms “hereof”, “hereunder”, and similar expressions refer to these Terms of Use and not to any particular Section, or other portion of these Terms of Use and include any agreement supplemental hereto. Unless something in the subject matter or context is inconsistent therewith, references in these Terms of Use to Sections are to Sections of these Terms of Use.
- Extended Meanings. In these Terms of Use, unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders and the terms “include” and “including” will also mean “include without limitation” and “including without limitation” respectively.
- Statute References. Any reference in these Terms of Use to any statute or any section thereof will, unless otherwise expressly stated, be deemed to be a reference to such statute or section as amended, restated, or re-enacted from time to time.
- Neither these Terms of Use nor any of the rights or obligations pursuant hereto may be assigned, transferred, or delegated by you without the prior written consent of ETIPS. ETIPS may without restriction assign, transfer, or delegate these Terms of Use and any rights and obligations hereunder, at its sole discretion, to any person without notice to you.
- The waiver by ETIPS of a breach or default of any provision of these Terms of Use by you or any delay or omission on the part of ETIPS to exercise or avail itself of any of its rights, remedies, powers, or privileges cannot be interpreted as a waiver of any succeeding breach of the same or any other provision of these Terms of Use.
- In the event that any provision (or any portion of a provision) of these Terms of Use will for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms of Use and these Terms of Use will be construed as if such invalid, illegal, or unenforceable provision (or portion of a provision) had never been contained in these Terms of Use in regards to that particular jurisdiction.
- Nothing in these Terms of Use or your access to or use of the Platform, any Content, any other ETIPS Property or any Links, Third-Party Sites, or any related services or products will be deemed to constitute either party hereto as an agent, representative, or employee of the other party or both parties as joint venturers or partners for any purpose.
- Governing Law. These Terms of Use, including the interpretation, validity, effect, and enforcement of these Terms of Use, and any and all disputes arising out of or in connection with these Terms of Use or in respect of any legal relationship associated with or derived from these Terms of Use, will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law. For greater certainty, these laws apply notwithstanding your domicile, residency, or physical location, or the location of any ETIPS office or any ETIPS personnel with whom you may communicate or deal. The United Nations Convention on Contracts for the International Sale of Goods (CISG) or any similar or successor convention or law, will not be applied to these Terms of Use or any interactions with, or transactions conducted pursuant to or in connection with, the Platform. The Platform and the Content and Links are intended for use only in jurisdictions where they may be lawfully provided for use and not be used in any jurisdiction where such use may be prohibited by law, including any embargoed jurisdiction.
- Forum for Disputes. You hereby unconditionally and irrevocably consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding in connection with these Terms of Use or the Platform and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court.
- Jury Trial Waiver. You acknowledge and agree that, to the maximum extent permitted by applicable law, you waive the right to a trial by jury in respect of any and all disputes arising from or in connection with these Terms of Use or the Platform.
- A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or arbitral proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Contact Us. If you have any questions regarding these Terms of Use, please contact us via email to info@emergencytips.ca or our Contact Us page.
Emergency TIPS Inc.
info@emergencytips.ca