Date Last Amended: January 2010
Welcome to TheBigOW.ca
Please read all of these terms and conditions of use carefully before using the Site, as by using the Site, you are agreeing to comply with and to be legally bound by these terms and conditions of use (the “Terms”) as revised from time to time. In this regard, please note that these Terms may be revised without notice to you. The date on which the Terms were last revised is posted at the top of this page. Please ensure that you have reviewed the most current version because, as mentioned, by continuing to use the Site, you are accepting and agreeing to be legally bound by the Terms as revised. If you do not accept these Terms, please exit the Site immediately.
Site for Information and Education Only
The content of the Site is for informational and educational purposes only and is intended for residents of Canada only. For greater clarity, information accessed through the Site, including but not limited to information created by TheBigOW.ca and information created by third parties (together, “Information”), is provided for information and education only. The Information is not a substitute for medical or other health care advice, assessment, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or symptoms you are experiencing and before taking any action that might affect your health. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. You agree to bear all risks and liabilities associated with your use of the Information, including your reliance on the availability, accuracy, currency, completeness, usefulness or appropriateness of the Information.
You agree that you will not use the Site in a manner that interferes with, disrupts or damages the Site or servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site or in violation of any applicable local, provincial, national or international law. You agree not to use any crawler, spider, bot or other program that simulates human activity to automatically extract any content on the Site.
Disclaimer of Warranty
You expressly understand and agree that your use of the Site is at your sole risk and that the content is provided on an “as is” and “as available” basis. We and all of our related companies and respective officers, directors, employees and agents, service providers, suppliers and licensors make no representations, warranties, guarantees or conditions whatsoever, whether implied or expressed. We disclaim all representations, warranties, guarantees and conditions of any kind, including without limitation, those regarding availability, accessibility regardless of the hardware and software that you employ to access it, uninterrupted service, freedom from computer viruses and harmful code, timeliness, accuracy, completeness, non-infringement, quality and operation without error. For greater clarity, you are solely responsible for any damage to your computer system or loss of data that results from your use of the Site.
Limitation of Liability
In no event will we and all of our related companies and respective officers, directors, employees and agents, service providers, suppliers and licensors be liable to you or any person for any indirect, incidental, special, consequential or exemplary damages or loss (even if any or all of them have been advised of the possibility of such damages or loss), whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise, arising out of or in connection with any matter relating to the Site.
In no event will we and all of our related companies and respective officers, directors, employees and agents, service providers, suppliers and licensors be liable to you or any person with respect to damages incurred by reason of any goods or services received through any links provided on the Site.
Without limiting the foregoing terms and conditions, you acknowledge and agree that the limit on the total cumulative liability of us and all of our related companies and respective officers, directors, employees and agents, service providers, suppliers and licensors, to you or any person, for any actual direct damages or loss arising out of or relating to the Site or this agreement shall not in any event exceed Ten ($10.00) Canadian dollars.
All images, graphical user interfaces, text, streaming videos and other content on the Site, the selection and arrangement of such content, and all software are, to the extent permitted by law, copyrighted and otherwise proprietary and are owned by us or our licensors. You acknowledge and agree that the Site and any software used in connection with the Site contain proprietary and confidential information that is protected by law. Except for your authorized, personal and non-commercial use of the Site, any copying, reproduction, modification, publishing, transmission, distribution or other use of content on the Site without our prior written consent is strictly prohibited. "TheBigOW.ca" and all logos, service names and icons associated with TheBigOW.ca (the “Marks”) are our trademarks and any unauthorized use of the Marks is strictly prohibited. You agree not to display or use the Marks in any manner without our prior written consent. The names and trademarks of companies or products referenced on the Site may be trademarks of their respective owners and the display of names and trademarks on the Site does not convey or create any license or other rights in these names or trademarks.
You agree not to adapt, translate, modify, decompile, disassemble or reverse engineer any aspect of the Site or any software or technology used in connection with the Site
Links to Other Websites
The Site may provide links or references to other websites. Such links are provided only as a convenience to users of the Site. We have not reviewed all of the websites to which a link is provided on the Site and is not responsible for the content of any other website linked to the Site. The presence of any such link does not constitute an endorsement of the linked website and we are not liable for any damages, loss or injuries arising from users having access to such websites.
Indemnity and Release
You agree to indemnify and hold harmless us and all of our related companies and respective officers, directors, employees and agents, service providers, suppliers and licensors from any and all claims and expenses, arising from or relating to your use or misuse of the Site. You are hereby agreeing to release us and all of our related companies and respective officers, directors, employees and agents, service providers, suppliers and licensors from any and all claims, demands, debts, obligations, damages, costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against any, some or all of us arising out of or in any way related to such disputes and/or the Site.
These terms and conditions, and any matter applicable to your direct or indirect use of the Site, will be governed by the laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario (other than any conflict of law rules that would result in the choice of laws of another jurisdiction). Any dispute will be settled in Courts located in the City of Toronto in the Province of Ontario, although the foregoing will not limit our ability to seek, in any jurisdiction, an injunction and other remedies which are required to stop a user of the Site from continuing to breach the Terms.
The Terms constitute the entire agreement between you and us and govern your use of the Site. If any provision in the Terms is found to be invalid by a Court of competent jurisdiction, the invalidity will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect.
No waiver of any of the Terms will be deemed a further or continuing waiver of such Term or any of the other Terms.
We may assign this agreement, in whole or in part, at any time without notice to you.
All communication in regard to the Site, should be directed to support@TheBigOW.ca.
Thank you for taking the time to read these Terms. We hope you find the Site informative and useful.