Disclaimer and Limitation of Liability
1. The materials in this Web site are provided “as is” and without any express or implied warranties of any kind. To the fullest extent permissible pursuant to applicable law, GSU and affiliates disclaim warranties, express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose or use. GSU and affiliates do not warrant that the functions contained in the materials and this Web site will be uninterrupted or error-free, that defects will be corrected, or that this Web site or the server that makes it available is free of viruses or other harmful components. GSU and affiliates do not warrant or make any representations of any kind regarding the use or the results of the use of the materials in this Web site in terms of their correctness, accuracy, reliability, effectiveness, timeliness, or otherwise. You, and not GSU and affiliate companies, assume all of the risks associated with using this Web site.
2. In no event shall GSU, and its affiliates, shareholders, officers, directors, employees, consultants, and agents be liable to you or any other party (in relation to or as a consequence of use of this site) under any circumstances whatsoever for any loss of profits or revenues, business interruption loses, loss of contract, cost of capital, loss of business opportunity, delay, loss of goodwill, loss of data, or for any direct, indirect, special, consequential, or incidental damages, and including but not limited to punitive or exemplary damages, whether said liability, loss, or damages arise in contract or tort or any other theory of liability, even if GSU and affiliates were expressly advised of the possibility of such damages. In no event shall GSU and its affiliate companies total liability to you (or anyone else claiming through you) for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to negligence) or otherwise) exceed the amount specifically paid by you to GSU and its affiliates, if any, for purpose of accessing this web site.
3. This disclaimer and limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any aspect of this Web site, under any legal theory or cause of action.
Third Party Links
5. This Web site may contain links to other third party services and resources for informational purposes only. GSU and its affiliate companies are not responsible for such third party services and resources, nor does GSU and affiliate companies approve or endorse such third parties or their services or resources.
Account and Password Security
6. Some parts of this Web site may require you to enter a password and account designation upon completion of a registration process. If this applies to you, you are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your password and account. You agree to notify GSU and its affiliate companies immediately of any unauthorized use of your password or account or any other breach of security. GSU and its affiliate companies will not be liable for any loss or damage that you may suffer as a result of someone else using your password or account.
7. No material from any Web site owned, operated, licensed or controlled by GSU or its affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of GSU and its affiliates’ copyright and other proprietary rights.
Governing Law and Jurisdiction
8. This Web site and all disputes or other matters arising out of it shall be governed by the laws of the province of Ontario and dealt with by a court of competent jurisdiction in the Municipality of Greater Sudbury or such other location as the parties may expressly agree to. You specifically agree that if GSU or its affiliate companies should prevail in any legal proceedings, you shall pay all of GSU or its affiliates’ costs, including reasonable fees for in-house and outside counsel.