It is important that you read all the terms and conditions carefully. HELIENE Inc. owns and operates this website, located at http://www.heliene.ca (the website). This User Agreement (this Agreement) states the terms and conditions under which you may access and use the website. By accessing and using the website you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the website. If you are dissatisfied with the terms, conditions, rules, policies, guidelines, or practices of HELIENE Inc. in operating this website, your sole and exclusive remedy is to discontinue using the website. HELIENE Inc. may revise this Agreement at any time by updating this posting. Use of the website after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.
All materials displayed or otherwise accessible through the website, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the Content) are protected under Canadian and foreign copyright or other laws, and are owned by HELIENE Inc., its licensors or the party accredited as the provider of the Content. In addition, the website is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the website. Any use, reproduction, alteration, modification, public performance or display, uploading or posting onto the Internet, transmission, redistribution or other exploitation of the website or of any content, whether in whole or in part, other than expressly set out herein, is prohibited without the express written permission of HELIENE Inc.
Disclaimer Of Warranties
The website and all content is provided as is. By accessing and using the website you acknowledge and agree that use of the website and the content is entirely at your own risk. HELIENE Inc. makes no representations or warranties regarding the website and the content including, without limitation, no representation or warranty: (I) that the website and/or content will be accurate, complete, reliable, suitable or timely; (II) that any content, including, without limitation, any information, data, software, product or service contained in or made available through the website will be of merchantable quality or fit for a particular purpose; (III) that the operation of the website will be uninterrupted or error free; (IV) that defects or errors in the website will be corrected; (V) that the website will be free from viruses or harmful components; and (VI) that communications to or from the website will be secure or not intercepted.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL HELIENE INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF HELIENE INC. KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL HELIENE INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100) EVEN IF HELIENE INC. HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL HELIENE INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF HELIENE INC. OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION (if applicable).
HELIENE INC. EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEBSITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL HELIENE INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEBSITE LINKED TO OR FROM THE WEBSITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEBSITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEBSITE LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE HELIENE INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR BY THIRD PARTIES THROUGH THE WEBSITE.
The information contained on the website is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
The website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by HELIENE Inc. of the contents of such third-party websites. HELIENE Inc. is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party websites; or (iii) any representation or warranty that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
While HELIENE Inc. encourages links to the website, it does not wish to be linked to or from any third-party website which (i) contains, posts or transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of HELIENE Inc. or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. HELIENE Inc. reserves the right to prohibit or refuse to accept any link to the website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the website upon the request of HELIENE Inc.
You agree to indemnify, defend and hold harmless HELIENE Inc. and its officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from: (i) your breach of any of the terms and conditions of this Agreement; (ii) your access, use or inability to access or use the website or any website to which the website is or may be linked to from time to time; (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the website; and/or (iv) your violation of any law or regulation.
Please note that information sent or received over the Internet is generally unsecured and HELIENE Inc. cannot and does not make any representation or warranty concerning security of any communication to or from the website or any representation or warranty regarding the interception by third parties of personal or other information.
HELIENE Inc. may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the website, (or any portion thereof). HELIENE Inc. may also terminate your right to access and use the website, or any part of the website, if you breach any term or condition of this Agreement.
Governing Law and Jurisdiction
The website (excluding linked websites) is controlled by HELIENE Inc. from its offices within the Province of Ontario, Canada. By accessing or using the website, you agree that all matters relating to your access to, or use of, the website and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Any consent by HELIENE Inc. to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties.