I. Ownership of Rights and Limitation of Use
All contents on this Website or the Subsites and all copyrights, trademarks and any other intellectual property rights related to these contents are owned by or licensed to PFU Canada Inc. (“PCI”) with all rights reserved. Except to the extent expressly permitted by applicable law, no contents on this Website or the Subsites may be used, copied, modified, translated, distributed or otherwise utilized without the prior permission of PCI or the owner of the contents. PFU Group reserves the right, in its sole discretion, to add, delete, or modify these Terms or the contents of this Website or the Subsites at any time without notice.
II. Disclaimers of Warranties
The contents on this Website or the Subsites are provided “AS IS” without warranties of any kind, either express or implied (including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement of third parties’ rights. PCI does not warrant that the contents are error-free. PCI will use reasonable efforts to place accurate and up-to-date information on this Website but makes no warranty of its accuracy, completeness, availability, and/or timeliness.
III. Disclaimer of Third Party Links
Except for this Website and the Subsites, PCI and its affiliates do not operate or maintain contents on websites that are directly or indirectly linked from this Website or the Subsites (the “Linked Sites”). Any reference to a Linked Site or to a specific third party’s product or service on the Website, the Subsites, or a Linked Site, shall not be considered recommendation by PCI and may be only provided for informational or convenience purposes only. PCI disclaims all liabilities and responsibilities related to the access and use of Linked Sites.
IV. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, PCI AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSSES, LOST PROFITS, LOST REVENUES, OR LOST DATA) ARISING OUT OF THE ACCESS TO OR INABILITY TO ACCESS TO THIS WEBSITE, THE SUBSITES OR THE LINKED SITES, EVEN IF THE PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
V. Transmitted Materials
VI. Other Prohibited Uses
By accessing and using the Website, you agree to: (a) not decompile, decrypt, decode, disassemble, reverse engineer, or otherwise attempt to obtain the source code for the Website, including the websites of the PFU Group; (b) not modify, publish, transmit, license, sublicense, transfer, sell, distribute, reproduce, create derivative or collective works from, or in any way exploit the Website, including the websites of the PFU Group; (c) not transmit any Transmitted Material that you have no rights to, or for which Transmitted Material would constitute infringement of third-party intellectual property rights; (d) not transmit any viruses, malicious code, Trojans, worms, corrupted files, or any other similar software that may create vulnerabilities or damage the operation of another's computer, data or property, or transmit any other harmful or code technology; (e) not use the Website, including other websites of the PFU Group, in violation of any Federal, State, and Local Laws or Regulations, or any criminal acts related thereto; (e) comply with all applicable privacy and data protection laws, rules, or regulations; and (f) not use the Website, including other websites of the PFU Group, to transmit or process any Protected Health Information, as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). This section shall be a material term of the Agreement.
VII. Linking to the Website
Permission is granted to link to the Website if you comply with the following linking policy: (1) your site must not slander or damage PCI, including its affiliates or contain inappropriate content; (2) you may not create a frame around PCI content or create any impression by any other method that the content does not belong to the PCI; and (3) you must display our complete legal entity name correctly.
IX. Applicable Laws
Any dispute arising out of or related to these Terms shall be governed by the internal laws of the province of Ontario, Canada, without regard to or application of its choice of law rules or conflicts of laws principles. In the event that the Agreement to Arbitrate below is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the province of Ontario, Canada, and both you and PCI agree to submit to the personal jurisdiction of the courts located in the province of Ontario, Canada for the purpose of litigating all such claims or disputes.
You shall defend, indemnify, and hold harmless PCI and the affiliates that comprise the PFU Group and their respective officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, and from and against any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your misuse of the Websites or Subsites, your violation of the Terms, or your violation of any rights of another.
If any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this agreement, the Parties agree to resolve the dispute by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules. The parties agree that the Canadian Arbitration Association Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Ontario, Canada and shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
If any provision(s) of these Terms are held to be invalid, illegal or unenforceable, such provision(s) shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
XIII. English Language
The parties hereto have requested that this agreement and all correspondence and all documentation relating to this agreement, be written in the English language. Les parties aux présentes ont exigé que la présente entente, de même que toute la correspondance et la documentation relative à cette entente, soient rédigées en langue anglaise.