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General
Terms and Conditions
The products and services (collectively, the "Products and Services")
offered by or through Magnifi.ca (collectively referred to as
"Magnifi.ca") are made available subject to the following Terms
and Conditions, Disclaimer of Warranties and Limitation of Liability.
By using the Products and Services, you are agreeing to be bound
by, and to comply with, these Terms and Conditions and any other
terms and conditions or terms of service posted on any individual
Magnifi.ca web site. Read all Terms and Conditions carefully including
the Disclaimer of Warranties and Limitation of Liability.
Please direct any legal questions to: staff@Magnifi.ca
Content Linked to Magnifi.ca
Magnifi.ca encourages you to exercise discretion while using the
Products and Services to browse the Internet. Magnifi.ca may produce
automated search results or otherwise link you to sites containing
information that some people may find inappropriate or offensive.
Magnifi.ca makes no representations concerning any effort to review
on an on-going basis the content of any of the sites listed in
the Products and Services or otherwise linked from the Products
and Services. Magnifi.ca shall not be held responsible for the
accuracy, copyright or trademark compliance, legality, or decency
of material contained in sites listed in Products and Services
or otherwise linked from the Magnifi.ca web sites or provided
to the Magnifi.ca by third parties.
Magnifi.ca™ Disclaimer
Magnifi.ca makes available certain advertising content through
the Magnifi.ca™ product. The advertisements and the underlying
content (collectively the "Advertising Content"), are provided
entirely by the subscribers to the Magnifi.ca™ service (hereinafter
referred to as "Subscribers") and are solely the responsibility
of such Subscribers. Consequently, Magnifi.ca does not, represent
or warrant the reliability, accuracy, or truthfulness of that
content. Although periodically Magnifi.ca may attempt to verify
the accuracy of information provided, neither Magnifi.ca nor its
agents shall be held liable for any technical inaccuracies, typographical
errors or inaccuracies in the externally linked web sites ("External
Content"), links to External Content or any information in the
Advertising Content or External Content. In addition, Magnifi.ca
has no control over whether External Content is of a nature that
users will find acceptable. Magnifi.ca assumes NO responsibility
for such External Content, rather, Magnifi.ca is merely providing
access to such web sites as a service to you.
Just as when you purchase a product or service in any setting,
you should exercise appropriate discretion, good judgment and
caution in accessing content on the Products and Services and
in taking any actions based upon that content. You bear all risk
associated with any content that you access. Your accessing of
any content through the Products and Services is subject to your
agreement to these Terms and Conditions. If you proceed to use
the Products and Services, you thereby agree to be bound by these
Terms and Conditions and the Disclaimer of Warranties and Limitation
of Liability set forth apply.
Changes in Terms and Conditions and Changes in Products and Services
Magnifi.ca 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 or any part thereof.
Magnifi.ca 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 to be apprised of any changes.
Privacy
Click here to review
Magnifi.ca's privacy policy.
Downloadable Files
The Products and Services may contain files made available for
downloading ("Downloadable Files") by various third parties. All
such files are provided by entities other than Magnifi.ca. Magnifi.ca
makes no warranties regarding such files and disclaims all responsibility
for such files. IF YOU INTEND TO DOWNLOAD SUCH FILES, YOU SHOULD
CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH IN THE DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will
have special importance to you. Magnifi.ca makes the Downloadable
Files available subject to all of its Terms and Conditions, including
the Disclaimer of Warranties and Limitation of Liability set forth.
Magnifi.ca cannot guarantee that any Downloadable File will meet
any user's needs, standards, or desired specifications. Although
the Downloadable Files which may be made available through the
Products and Services have been screened for viruses, Magnifi.ca
cannot guarantee that this screening has been performed to the
user's satisfaction. Magnifi.ca cannot and does not guarantee
that such Downloadable Files will be free from viruses or errors.
If you download such files, you shall bear all risk of viruses,
errors, or damage and all other risks resulting from such downloading.
Magnifi.ca Logos and Desktop Icon
Magnifi.ca offers a non-assignable, non-transferable, and non-exclusive
license to link to Magnifi.ca's web site, using the Magnifi.ca™
logo and Magnifi.ca™ desktop icon, subject to the following provisions.
The Magnifi.ca™ logo and Magnifi.ca™ desktop icon may be placed
on a web site for the sole purpose of creating a link to Magnifi.ca's
Products and Services and allowing users of your site to access
the Magnifi.ca's Products and Services. The Magnifi.ca Magnifi.ca™
logo and Magnifi.ca™ desktop icon may not be used for any other
purpose, including, among other purposes, to suggest sponsorship
by, or affiliation with, or endorsement by Magnifi.ca. The Magnifi.ca
Magnifi.ca™ logo and Magnifi.ca™ desktop
icon may only be used in accordance with the instructions
found on the logo-program page and may only be used in
the exact size, shape, colours, design, and configuration
as found on those web pages. The Magnifi.ca Magnifi.ca™ logo and Magnifi.ca™ desktop icon may not be altered
in any manner. The Magnifi.ca Magnifi.ca™ logo and Magnifi.ca™
desktop icon must appear by themselves as set out in the instructions.
The Magnifi.ca Magnifi.ca™ logo and Magnifi.ca™ desktop icon may
not be used to disparage Magnifi.ca, its products or services,
or in a manner which, in Magnifi.ca's reasonable judgment, may
diminish or otherwise damage Magnifi.ca's good will in the Magnifi.ca
Magnifi.ca™ logo and Magnifi.ca™ desktop icon. By using any such
Magnifi.ca Magnifi.ca™ logo and Magnifi.ca™ desktop icon, you
acknowledge that Magnifi.ca has exclusive rights to the Magnifi.ca™
logo and Magnifi.ca™ desktop icon, and that all good will generated
through your use of the Magnifi.ca™ logo and Magnifi.ca™ desktop
icon will inure to the benefit of Magnifi.ca. If you use the Magnifi.ca
Magnifi.ca™ logo and Magnifi.ca™ desktop icon, you must include
appropriate attribution, for example: "Magnifi.ca™ is a registered
trademark of Magnifi.ca Technologies Inc."
Magnifi.ca may terminate this license at any time and for any
reason or for no reason, without any notice. Magnifi.ca reserves
the right to revoke this license or to alter its terms from time
to time, without any notice. Magnifi.ca reserves the right to
take action against any use that does not conform to these provisions.
No License
Except as expressly provided, nothing within any of the Products
and Services shall be construed as conferring any license under
any of Magnifi.ca's or any third party's intellectual property
rights, whether by estoppel, implication, waiver, or otherwise.
Copyrights and Trademarks Magnifi.ca™ is a registered trademark
of Verrex Communications Inc.
Magnifi.ca respects the intellectual property of others and we
ask our users and advertisers do the same. All marks that appear
throughout the Products and Services belong to the respective
owners of such marks, and are protected by Canadian, U.S. and
international copyright and trademark laws. Any use of any of
the marks appearing throughout the Products and Services without
the express written consent of Magnifi.ca or the owner of the
mark, as appropriate, is strictly prohibited.
Magnifi.ca does not check any claim of any Subscriber regarding
their right to use the marks they may provide for inclusion in
the Products and Services as part of their Advertising Content.
Magnifi.ca makes reasonable efforts to ensure the rights of the
respective owners of any such marks provided are protected through
the Standard Advertising Terms and Conditions. Under no circumstances
shall Magnifi.ca or its parents, subsidiaries, affiliates, officers,
employees or agents be held responsible for any misuse of such
marks by any Subscriber to the Products and Services.
Intellectual Property Infringement Claims
It is the policy of Magnifi.ca to make every effort to respond
expeditiously to claims of intellectual property infringement.
Magnifi.ca will promptly process and investigate notices of alleged
infringement and will take appropriate actions under applicable
intellectual property laws. Upon receipt of notice, Magnifi.ca
will contact the party which supplied the material claimed to
be infringing in order to give that party an opportunity to respond
to the notification. The Content supplier will have five (5) business
days to respond. Any and all counter notifications submitted by
the Content supplier will be furnished to the complaining party.
Should the complaining party counter-respond indicating that the
Content supplier's claim to right of use is not in fact true,
Magnifi.ca will immediately remove or disable access to any material
claimed to be infringing or claimed to be the subject of infringing
activity and will act expeditiously to remove or disable access
to any reference or link to material or activity that is claimed
to be infringing.
Notices of Infringement should be directed to:Contact Us.
Please put "Notice of Infringement" in the subject line of all
such notifications. Please provide the following information in
your Notice of Infringement:
1. Your full name, address, telephone number and e-mail address;
2. A description of the copyrighted work that you claim has been
infringed;
3. An electronic or physical signature (faxed to (905) 597-0544)
of the person
authorized to act on behalf of the owner
of the copyright interest;
4. A description of where the material that you claim is infringing
is located on the site;
5. A statement by you that you have a good faith belief that the
disputed use is not authorized
by the copyright owner, its agent, or
the law;
6. a statement by you, made under penalty of perjury, that the
above information in your Notice of Infringement
is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Arbitration, Governing Law and Forum for Disputes
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 shall be construed in accordance
with, and all questions with respect thereto shall be determined
by, the laws of the Province of Ontario, Canada. Any controversy
or claim arising out of or relating to these Terms and Conditions
or any user's use of the Products and Services shall be settled
by binding arbitration in accordance with said laws. 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 Markham, Ontario, Canada and judgment on the arbitration award
may be entered into in any province or federal court in Ontario,
Canada having jurisdiction thereof. Any party seeking temporary
or preliminary injunctive relief may do so in any provincial or
federal court in Ontario, Canada having jurisdiction thereof.
Except as set forth above, the provincial and federal courts of
Ontario, Canada shall be the exclusive forum and venue to resolve
disputes arising out of or relating to these Terms and Conditions
or any user's use of the Products and Services. By using the Products
and Services and thereby agreeing to these Terms and Conditions,
users consent to personal jurisdiction and venue in the provincial
and federal courts in Ontario, Canada with respect to all such
disputes.
Standard Advertising Terms and Conditions
Click here for information
regarding Standard Advertising Terms and Conditions.
Professional Information
Magnifi.ca may make available certain information provided by
third parties related to various professional fields such as medicine,
law, and accounting. Magnifi.ca does not give advice in any such
fields and in no way endorses any of the information provided
in this manner. IF YOU INTEND TO USE ANY SUCH INFORMATION, YOU
SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH ABOVE
IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those
provisions will have special importance for you. All information
made available through the Magnifi.ca is made available subject
to Magnifi.ca' Terms and Conditions, including the Disclaimer
of Warranties and Limitation of Liability set forth above.
Magnifi.ca STRONGLY
SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING
ISSUES IN ANY PROFESSIONAL FIELD.
Indemnity and Release By using the Magnifi.ca Products and Services
you agree to indemnify Magnifi.ca and its parents, subsidiaries,
affiliates, officers, employees and agents and hold them harmless
from any and all claims and expenses, including attorney's fees,
arising from your use of the Magnifi.ca web sites. By using the
Magnifi.ca you are hereby agreeing to release Magnifi.ca and its
parents, subsidiaries, affiliates, officers, employees and agents
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 hereby agree to waive all laws that may limit
the efficacy of such releases.
Merger
These Terms and Conditions constitute the entire agreement between
the parties with respect to the subject matter contained herein
and supersedes any other agreement, proposals and communications,
written or oral, between Magnifi.ca's representations and you
with respect to the subject matter hereof; except that any other
terms and conditions located on any individual Magnifi.ca web
site are incorporated herein 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 web site at which those
other provisions may be found.
On-line Shopping Notice and Disclaimer
Magnifi.ca may provide access to electronic purchasing through
the Products and Services and/or links to external e-commerce
web sites maintained by third parties. Although Magnifi.ca may
have initially reviewed each site linked from the Magnifi.ca Products
and Services, the sites are owned and operated by third parties,
and therefore, Magnifi.ca cannot ensure that you will be satisfied
with their products or services.
By using the Products and Services, you are acknowledging and
agreeing to the following terms and conditions:
The merchandise, products or services (collectively, the "Merchandise")
offered to you through links to the Products and Services are
provided by third parties who are not affiliated with Magnifi.ca.
Magnifi.ca does not endorse any of the Merchandise, nor has Magnifi.ca
taken any steps to confirm the accuracy or reliability of any
of the information contained in such third parties' submissions
to the Products and Services or such third parties' web sites.
Magnifi.ca does not, make any representations or warranties as
to the security of any information (including, without limitation,
credit card and other personal information) you might be requested
to give any third party. YOU ARE STRONGLY ENCOURAGED TO MAKE WHATEVER
INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING
WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE THIRD
PARTIES.
BEFORE USING THE PRODUCTS AND SERVICES WITH THE INTENT OF PURCHASING
MERCHANDISE ON-LINE, PLEASE CAREFULLY RE-READ THE CAPITALIZED
WORDS SET FORTH IN THE DISCLAIMER OF WARRANTIES AND LIMITATION
OF LIABILITY. All aspects of the Products and Services, including
the purchase of any products or services, are subject to Magnifi.ca's
Terms and Conditions, including the Disclaimer of Warranties and
Limitation of Liability.
Violations of Terms and Conditions
Should you violate these Terms and Conditions or any other rights
of Magnifi.ca, Magnifi.ca reserves the right to pursue any and
all legal and equitable remedies against you, including, without
limitation, terminating any and all user accounts on any and all
of the Magnifi.ca web sites. If Magnifi.ca should fail to enforce
any right or provision in these Terms and Conditions, you agree
that this failure does not constitute a waiver of such right or
provision or of any other rights or provisions in these Terms
and Conditions. If a court should find that one or more rights
or provisions set forth in these Terms and Conditions are invalid,
you agree that the remainder of the Terms and Conditions shall
be enforceable and that, to the extent permitted by law, the court
shall give effect to the parties' intentions, as reflected in
any such right or provision that has been declared invalid or
unenforceable.
If you are aware of any violations of these Terms and Conditions,
please report them to:Contact Us |
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