Terms Of Use

1. By using the website www.gwnfa.ca and any application software for any platform (iPhone, Blackberry, Android etc.) that you may download (collectively, the “Website”) and the services provided through the Website (“Service(s)”), you have consented to these terms of use (“Terms of Use”). Website is the property of Great White North Franchisee Association (“GWNFA”, “us”, “we”, or “our”). If you do not agree to the Terms of Use, do not use this Website.

2. We reserve the right to change these Terms of Use at any time without any notice to anyone. It is your responsibility to check these Terms of Use periodically for changes. The current version of these Terms of Use can always be found on our Website. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. Additional terms and conditions may apply to specific portions or features of the Website, including promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Eligibility

3. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.

4. You must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Website and Services. If you are between the ages of 13 and 18 or the applicable age of majority in your jurisdiction, you can use the Website or Services only under the supervision of a parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Website or Services.

5. If you are the parent or legal guardian of a child under the age of 18, you may use the Website or Services on behalf of such minor child. You represent and warrant that you are the parent or legal guardian of such child.

6. The Website is administered in Canada and intended for Canadian users; any use outside of Canada is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Website. Not all Services discussed, referenced, provided, or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. GWNFA reserves the right to limit the provision of any feature, product, or service to any person or geographic area. Any offer for any feature or Services made on the Website is void where prohibited.

Content

7. All text, graphics, user interfaces, visual interfaces, photographs, trade-marks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained on the Website is owned and controlled by GWNFA, and is protected by copyright, and trade-mark laws, and various other intellectual property rights and unfair competition laws. No part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed, in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

8. You may use information on our Services (such as data sheets, knowledge base articles, and similar materials) purposely made available by us for downloading from the Website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose, and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such information.

Your Use of the Website

9. You may not use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website. We reserve the right to bar any such activity.

10. You may not attempt to gain unauthorized access to any portion or feature of the Website by hacking, password mining, or any other illegitimate means. You may not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, or any other of our customers, including any GWNFA account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

11. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website or to us.

12. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or Service being conducted on the Website, or with any other person’s use of the Website.

13. You may not disguise the origin of any message or transmittal you send to us on or through the Website or any Services offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

14. You may not use the Website or Services for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.

15. You may not post any content to the Website which is inappropriate, offensive, or untrue. The information that you provide us must be true, correct, accurate, and reliable. You must not, either through any act (including but not limited to posting your personal details on the Website) or omission, mislead, or deceive anyone while using the Website or Services.

Accounts, Passwords, and Security

16. Certain features or services offered on or through the Website require you to open an account (including setting up a user name and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to notify us immediately in writing of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Website due to someone else using your GWNFA user name, password, or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s GWNFA user name, password, or account at any time without that person’s express permission.

Privacy

17. Our Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Use by this reference. The current version of our Privacy Policy can always be viewed here.

Links to Other Sites

18. This Website may contain links to other independent third-party websites (“Linked Sites”). Linked Sites are provided solely as a convenience to our visitors. Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

19. WE DO NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE, SERVICES, AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF PROVIDERS AND ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE WEBSITE, SERVICES, OR ANY CONTENT IS TO STOP USING THE WEBSITE, SERVICES, OR CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.

20. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

21. We will never be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we have been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website, any Services, or any Content, our liability shall in no event exceed CAD$250.

Indemnity

22. You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, legal and professional advisors, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including legal fees), made against us by any third party due to or arising out of or in connection with your use of the Website.

Violation of These Terms of Use

23. We reserve the right to disclose any information we have about you if such disclosure is necessary in order to (1) comply with a court order or other legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect our rights, property, or personal safety or those of our employees, users, of or visitors to the Website, and the public.

24. We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Website by you or by someone using your credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. We shall not be liable to you or any third party for any termination of your access to the Website and/or the Services. You agree not to attempt to use the Website and/or the Services after any such deletion, deactivation, or termination. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

25. We may, in our sole discretion and without prior notice to you, terminate your access to the Website, for cause, including, but is not limited to (1) requests by law enforcement or other government agencies, (2) a request by you, (3) discontinuance or material modification of the Website or any Services offered on or through the Website, or (4) unexpected technical issues or problems.

26. If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Website for any reason.

Governing Law; Dispute Resolution

27. You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the Province of Ontario, Canada. Any dispute arising from these Terms of Use, the Website, Services, or Content shall be determined by and the parties attorn to the Court of competent jurisdiction in the Province of Ontario, Canada.

Miscellaneous

28. If any of the provisions of these Terms of Use are held by a Court of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

29. These Terms of Use constitute the entire agreement between you and us with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled.

30. We will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by us of any provision or any right we have to enforce these Terms of Use, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. GWNFA shall be free to use such information on an unrestricted basis.

The information contained in this Website is subject to change without notice.

Copyright © 2017 Great White North Franchisee Association. All rights reserved.