ACCEPTANCE OF TERMS
Any use or access of the Website is subject to the following Terms and other applicable law. The content, information, services, text, graphics, audio, video, software, data, links and any other material on this Website (“the Content”) is made available to you on the condition of your acceptance of the Terms. By accessing or using the Website, you understand, accept, promise, undertake and agree (herein “Agree”) to be bound by the Terms, individually and collectively. If you do not Agree, do not access or use this Website.
To the extent you are an individual accessing the Website for or on behalf of one or more companies or other entities, the term “you” includes all such companies or entities, and you represent and warrant that you have the authority to bind all such companies or entities.
DISCLAIMERS & LIMITATIONS OF LIABILITY
Despite the efforts of York1 to ensure that all information on this Website is accurate, complete and up to date, doing so is difficult, at times impossible, and is not assured. York1 and its Representatives will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content. (The term “Representatives” collectively includes York1’s affiliates and licensees, and their directors, officers, employees and representatives, including those of York1.)
You Agree that any use of or reliance on the Website shall be at your sole risk. York1 and the Representatives make no representation or warranty of any kind regarding the Website or the Content.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YORK1 AND THE REPRESENTATIVES ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS TAKEN AS A RESULT OF USING THIS WEBSITE, OR FOR ERRORS OR OMISSIONS IN THE CONTENT ON THIS SERVER. YOU AGREE THAT YORK1 AND ITS REPRESENTATIVES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING OUT OF OR RELATING TO THE WEBSITE OR THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE, PROFIT, SAVINGS, GOODWILL OR DATA, EVEN IF YORK1 OR ANY REPRESENTATIVE FORESEES OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
THIS WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YORK1 AND THE REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YORK1 IS NOT OBLIGED TO CORRECT DEFECTS IN THE CONTENT, OR TO ENSURE THAT THIS WEBSITE, OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN APPLICABLE JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES, THE ONLY WARRANTIES YOU HAVE ARE THOSE THAT ARE EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW.
It is also disclaimed, and you also agree, that neither York1 nor any of its nor any Representatives is engaged in providing to you any legal or other professional services.
You Agree to indemnify and hold York1 and the Representatives harmless from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from or related to your use of or reliance on the Website, your Submissions or your breach of these Terms.
The limitations and exclusions of liability and disclaimers in these Terms (“Disclaimers”) apply irrespective of the nature of the cause of action, including breach contract, negligence, tort or any other legal or equitable theory, and will survive a failure of the essential purpose of these Terms or of any remedy.
The use of the Website is also subject to the additional disclaimers, caveats, and notices that may appear elsewhere on the Website
EQUAL OPPORTUNITIES, AND OTHER TERMS
York1 is committed to a policy of equal opportunity. All services advertised by York1 and its affiliated or licensed entities are available on an equal opportunity basis. Images of people on the Website are not intended to, and do not, depict racial preference. York1 supports affirmative advertising and marketing in which there are no barriers to obtaining services because of race, color, religion, sex, handicap, familial status, or national origin. York1 is also an equal opportunity employer.
The Website is not intended for or marketed to children; it is intended for adults 18 years of age or older. By using or accessing the Website, you represent that you are 18 years of age or older.
PERMITTED USE AND RESTRICTIONS ON USE
York1 may disclose your Personal Subject to these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable right to use the Website only as follows: (a) through manual human interaction, solely for your own informational purposes; or (b) through automated indexing or crawling, solely as permitted by the Website’s robots.txt file and solely for the purpose of providing publicly-accessible search services.
As part of the above license, you may display or print portions of the Content from the different areas of the Website solely for private, non-commercial use.
Apart from the above, you cannot, and you Agree not to, make any other use of the Website (including any of the Content). Without limitation, you Agree not do any of the following, directly or indirectly:
• Selling, reproducing, publicly displaying, reverse engineering or modifying the Website, or any copy thereof, in any way, or creating any derivative work; (Without limitation, you cannot create a webpage that gives the impression of being part of this Website or of otherwise being authorized by York1 without having that express authority.)
• Using the Website for any commercial or public purpose, including without limitation linking to it, framing it, or making any other use of the Website on any other website;
• Using the Website for an unlawful purpose or in an unlawful manner, or to otherwise violate any law, regulation or the rights of any third party;
• Damaging, disabling, overburdening or impairing the Website or otherwise interfering with anyone else’s ability to use or enjoy the Website;
• Using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Website, except as expressly permitted above regarding Website’s robots.txt file;
• Accessing any portions of the Website which you are not permitted to access;
• Filing any copyright, trademark or other IP application to attempt to register any of the Content on behalf of someone other than an York1 entity;
• Attempting any of the above, or facilitating, promoting, or advising others to engage in any of the above.
You Agree that you are responsible for actions and communications undertaken or transmitted in the course of your usage of the Website.
Copyright © York1
The entire Content, individually and collectively, is copyrighted under copyright laws. The copyright is owned by York1, unless otherwise indicated (as some individual components may be licensed to York1). All rights reserved.
For clarification, copyright subsists in, among other things, York1’s logos, and in these Terms.
ANY VIOLATION OF COPYRIGHT WILL SUBJECT THE VIOLATOR TO THE POSSIBILITY OF FULL PROSECUTION UNDER APPLICABLE COPYRIGHT LAW.
No Content from this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for the Permitted Use mentioned above or as may be permitted by applicable copyright law. Any unpermitted use, including but not limited to the reproduction, distribution, display or transmission of the Content of this Website, is strictly prohibited. You understand and agree that any such unauthorized activity would constitute “irreparable harm” in the sense of supporting the availability of interlocutory and permanent injunctive relief, and you Agree to the awarding of such relief by a court of competent jurisdiction.)
All trademarks (including service marks and logos), trade names, company names, and domain names, on the Website, (all collectively, the “Trademarks”) are the proprietary trademarks of York1, or of such other owner as may be specifically designated.
The Trademarks are protected by law and may not be copied, imitated or used (including without limitation in HTTP headers, meta tags or other non-visible pages, text or code), in whole or in part, without the prior written consent of their respective owner or as may be permitted by such laws. (In particular, without limitation, the Trademarks may not be used as trademarks in association with the same or similar goods or services in the same or similar areas. You understand and agree that any such unauthorized use would: harm the distinctiveness or signification of the mark, deceive the public, damage the business income of its owner, and constitute a violation of law and an inherent contradiction of rights meant to be exclusive. You understand and agree that any such unauthorized use would also constitute “irreparable harm” in the sense of supporting the availability of interlocutory and permanent injunctive relief, and you Agree to the awarding of such relief by a court of competent jurisdiction, and to pay the legal costs, as may be approved by the court, of York1 and its licensees for seeking such relief and other legal relief.)
The Trademarks of York1 are used by York1, and/or by its authorized licensees under license.
LINKS TO OTHER WEBSITES
TIME LIMIT: You Agree that any cause of action or claim that may be made by you with respect to the Website must be commenced within one (1) year after the claim or cause of action arises.
WAIVERS: York1’s waiver of any right, obligation or default shall be limited to the specific right, obligation or default waived, and shall not be construed as a waiver of any subsequent right, obligation or default. No delay or failure in exercising any right by York1 and no partial or single exercise thereof will be deemed of itself to constitute a waiver of such right or any other rights hereunder.
York1’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.
York1 also reserves the right to add, modify, correct, terminate, suspend, discontinue, impose limits or restrict or block your access to the Website at any time in its sole discretion without notice or liability.
CHANGES TO THE TERMS: The Terms may be changed, revised, modified, amended, or supplemented by York1 without notice at any time for any reason. You Agree that it is your responsibility to check the Website periodically for changes to the Terms. Changes will be effective when posted. Your continued use of the Website after any such changes are posted constitutes your acceptance of such changes.
Unless expressly agreed, these Terms will continue to apply regardless of any future transaction or dealings between you and York1, or the lack of any such future transaction or dealings, and shall survive the termination of any such future transaction or dealings.
ASSIGNABILITY: The rights or duties under the Terms cannot be assigned by you without prior written consent. They can be assigned by York1 without notice or consent.
INTERPRETATION: Wherever possible, each provision of these Terms shall be interpreted in such a manner as to be valid under applicable law; if any provision shall be unlawful, void, or for any reason unenforceable, then such provision shall be ineffective to the extent of such prohibition without invalidating the remainder of such provision or the remaining provisions.
These Terms constitute the entire agreement between you and York1 regarding its subject matter and supersede anything else on the Website and any prior agreements.
The headings are for guidance only; they are not intended to restrict the scope or interpretation of the terms thereunder.
GOVERNING LAW: These Terms shall be deemed to have been made and performed exclusively in Ontario and shall be governed by and construed under the laws of Ontario and the applicable laws od Canada, without giving effect to their conflict-of-laws principles. The application of 1980 United Nations Convention on Contracts for the International Sale of Goods is expressly excluded and disclaimed.
Subject to the Arbitration section below, you hereby submit to the exclusive jurisdiction of the courts situated in Ontario and agree not to bring any action, claim, suit or proceeding against YORK1 and the Representatives in any other jurisdiction.
ARBITRATION: You agree that all claims, disputes or disagreements between arising from or relating to the Terms, this Website or your use thereof (a “Dispute”) will be settled by private, confidential, final and binding arbitration by a single arbitrator pursuant to the provisions of the Arbitration Act, 1991 (Ontario). The arbitration shall take place in the City of Toronto, Ontario, Canada. Each Dispute will be arbitrated individually and will not be consolidated with any Dispute involving any third party. You agree to waive any right to commence or participate in any class action against York1 or the Representatives and to opt out of any such class proceedings. In parallel with any arbitration, York1 reserve’s the right to seek injunctive or equitable relief and remedies for infringement of its intellectual property rights through the courts.