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TERMS OF USE
Welcome, and thank you
for your interest in the Online Application Portal for Shaw Rocket Fund (the
"Site") and such other products, services, features and
content which may be offered by Shaw Rocket Fund ("us", "our"
and "we") from time to time (together with the Site,
collectively the "Services").
This agreement (this
"Agreement") is a legal contract between us as the operator
and owner of the Services, and any person or other legal entity, ("you"
or "your") who wishes to use the Services, whether as the
holder of an account or otherwise (visitors to the Site and users of the
Services are referred to individually as "User" and
collectively as "Users"). This Agreement consists of these terms
and conditions and any other terms incorporated into this Agreement by
reference.
Please read this
Agreement carefully. By visiting any area of the Site, using any of the
Services or creating an account you acknowledge that you have read, understood
and agree to be bound by this Agreement. If you do not agree to be bound by this
Agreement and to follow all applicable laws, you must cease using the Services
immediately.
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Registration and Your Account
In order to use certain features of the
Services, you must register for an account. You will be asked to create a password in
connection with your registration for an account. We recommend that you choose a password
that is hard to guess and consists of letters, numbers and symbols. You are solely responsible for
maintaining the confidentiality of your password and for restricting access to
your account, and you agree to accept responsibility for all activities
conducted through your account. You
agree that the information you provide to us, at the time of registration or
otherwise, will be true, accurate, current, and complete. You also agree that you will ensure that
this information is kept accurate and up-to-date at all times. If you have reason to believe that your
account is no longer secure (such as in the event of a loss, theft or
unauthorized disclosure or use of your password), you agree to immediately
notify us. You may be liable for
the losses incurred by us or others due to any unauthorized use of your
account.
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Legal Capacity
You represent and warrant that you possess the
legal right, capacity and ability to agree to this Agreement and use the
Services in accordance with this Agreement. If you are an individual, you represent
and warrant that you have reached the age of majority in the jurisdiction in
which you reside, and that you are in any event at least 18 years old. If you are using the Site on behalf of a
corporation or other organization, you represent and warrant that you have the
ability to agree to this Agreement on behalf of such organization and all
references to "you", "your" or "account
holder" throughout this Agreement will include such organization,
jointly and severally with you personally.
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Privacy Policy
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We protect your personal
information and adhere to federal and provincial privacy legislation. Any personal information collected from
you from the Services and otherwise may be used by us and our service providers
to assess applications for financial support, communicate with you with respect
to your application and, if you are successful in obtaining financial support,
to publicly communicate financial support information. We take appropriate
security and other measures to preserve the confidentiality of this information
and to ensure that it is used for the intended purposes. By supplying your personal information to
us or using our Services, you agree to the terms of this policy.
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The personal and
confidential information that you provide in an application is collected, used
and disclosed in accordance with applicable federal and provincial privacy
legislation. This information is
required to process the application. Your application information will only be
disclosed as necessary to evaluate your application and only to those who need
to know that information in order to process it on our behalf.
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We remind you that the
security of e-mail communication cannot be guaranteed at this time. Any person wishing to communicate or send
information of a private or confidential nature to us is encouraged to do so by
other means.
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Updates and Modifications
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Modification
of this Agreement.We reserve the right, at our sole discretion, to
change, modify, add, or remove portions of this Agreement at any time without
notice to you, but we will use reasonable efforts to publish each amendment
before such amendment becomes effective. We will ensure that the latest,
fully-amended version of this Agreement is published on the Site. You are responsible for regularly
reviewing the Site to obtain timely notice of such amendments. If you continue
to use the Website after the effective date of each amendment, you will be
conclusively deemed to have accepted such amended version of this Agreement. Disputes arising under this Agreement
will be resolved in accordance with the version of this Agreement in place at
the time the dispute arose.
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Updates
to the Services. You acknowledge and agree that we may update the
Services with or without notifying you. Such updates shall be subject to the
terms and conditions of this Agreement.
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User Content
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All information,
material or content submitted by a User, whether publicly or privately posted,
e-mailed, transmitted, uploaded or otherwise submitted to us via the Services
("Submitted Content") is the sole responsibility of the person from
which such Submitted Content originated. You acknowledge and agree that you are
entirely responsible for all Submitted Content that you post, e-mail, transmit,
upload or otherwise submit via the services, including, without limitation, the
accuracy of such Submitted Content. Under no circumstances will we be liable in
any way for any loss, damage or injury related to, or arising as a result of,
any Submitted Content, including, but not limited to, any errors or omissions
in any such content, or any loss or damage of any kind incurred as a result of
the use of any Submitted Content posted, e-mailed, transmitted, uploaded or
otherwise submitted via the Services.
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You agree to not use any
Service to post, e-mail, transmit, upload or otherwise submit any Submitted
Content that: (i) promotes information that is false,
misleading, illegal or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous; (ii) infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party including,
without limitation, promoting an illegal or unauthorized copy of another
person's copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files; (iii) you
do not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information ); or (iv) contains viruses, worms, corrupt files, trojan horses or other forms of corruptive code, or any
other content which may compromise the Services.
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You acknowledge and
agree that we may preserve Submitted Content and may also disclose Submitted
Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (i)
comply with legal process; (ii) enforce the terms of this Agreement; (iii) respond
to claims that any Submitted Content violates the rights of third-parties; or
(iv) protect our rights, property, or personal safety and those of our users
and/or the public.
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Additional guidelines or
rules may be applicable to Submitted Content which you may provide in the
course of an application for financial support. Such guidelines will be reflected in such
application forms and materials.
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User Conduct
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Unacceptable Use. You may not: (i)
use the Services for any illegal or unauthorized purpose; (ii) attempt to
mislead any person as to your identity or the origin of any communication
transmitted through the Services; (iii) collect or harvest any personal
information, including account names, from the Services; (iv) attempt to
circumvent the security systems of the Services; (v) attempt to gain access to
or use the Services in a fraudulent manner; (vi) reverse engineer, decompile,
disassemble or otherwise attempt to discover the source code of the Services or
any part thereof, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation; (vii) modify,
adapt, translate or create derivative works based upon the Services or any part
thereof, except and only to the extent expressly permitted by us herein or to
the extent the foregoing restriction is expressly prohibited by applicable law;
(viii) attempt to gain access to any other User's accounts; or (ix) attempt to
ascertain any other user's password and/or personal information by any means
whatsoever, including without limitation, by use of the Services or any other
application or website, or by e-mail communication.
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Spiders. You may not use or launch any automated system, including without
limitation, "robots", "spiders" or "offline
readers" that accesses the Services in a manner that sends more request
messages to our servers in a given period of time than a human can reasonably
produce in the same period by using a conventional on-line web browser in
ordinary and customary usage. Notwithstanding
the foregoing, we grant the operators of public search engines permission to
use spiders to copy materials from the Services for the sole purpose of and
solely to the extent necessary for creating publicly available searchable
indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these
exceptions either generally or in specific cases.
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Third-Party Sites, Applications, Products and Services
The Services may include links or references to
other web sites, applications or services ("Third-Party Sites")
solely as a convenience to Users. We
do not endorse any such Third-Party Sites, the information, materials,
products, or services contained on or accessible through Third-Party Sites nor
do we review or assume any responsibility for the same. Access and use of Third-Party Sites,
including without limitation the information, materials, products, and services
on or available through Third-Party Sites, is solely at your own risk and is
subject to the Third-Party Sites’ terms of use, privacy policy and other terms
and conditions.
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Ownership and Proprietary Rights
The Services are owned and operated by us. The visual interfaces, graphics, design,
compilation, information, computer code (including source code or object code),
products, software, services, and all other elements of the Services provided
by us (the "Materials") are protected without limitation, by
Canadian, U.S. and other foreign copyright, trademark, patent and other
intellectual property laws. All
Materials contained on the Services are the property of us and/or our
subsidiaries and/or affiliated companies and/or our third-party licensors. All
trademarks, service marks, and trade names are proprietary to us and/or our
subsidiaries and/or our affiliates and/or our third-party licensors. You agree not to sell, license,
distribute, copy, reverse engineer, modify, publicly perform or display,
transmit, publish, edit, adapt, create derivative works from, or otherwise make
unauthorized use of the Materials. Subject
to the foregoing, you are hereby authorized to display on your computer,
download and print pages of the information displayed on the Services. We reserve all rights to the Materials
not expressly granted in this Agreement. Any unauthorized or prohibited use may
subject you to civil liability and criminal prosecution under applicable laws.
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Remedies
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Our Remedies. You agree that we may, in our sole discretion,
for any or no reason, subject to applicable law, and without penalty, terminate
any account (or any part thereof) you may have with us or your use of the
Services and remove and discard all or any part of your account or profile at
any time. We may also in our sole
discretion and at any time discontinue providing access to the Services, or any
part thereof, with or without notice. You agree that any termination of your
access to the Services or any account you may have, or any portion thereof, may
be affected without prior notice to you, subject to applicable law, and you
agree that we will not be liable to you or any third-party for any such
termination. Upon termination for
any reason, all licenses and other rights granted to you in this Agreement will
immediately terminate and you must cease to use the Services. Any suspected fraudulent, abusive or
illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any
other remedies we may have at law or in equity. We reserve all rights and
remedies against any User who violates this Agreement. YOU ACKNOWLEDGE THAT A VIOLATION OF THIS
AGREEMENT MAY CAUSE IRREPARABLE HARM TO US AND YOU AGREE THAT, IN ADDITION TO
ANY OTHER REMEDIES PROVIDED BY LAW OR IN EQUITY, WE SHALL BE ENTITLED TO SEEK
INJUNCTIVE RELIEF AGAINST YOU FOR ANY SUCH VIOLATION WITHOUT HAVING TO POST A
BOND.
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Your Remedies. To the extent permitted
by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Services; (ii) any term of this Agreement; (iii) any
policy or practice of ours in operating the Services; or (v) any content or
information transmitted through the Services, is to terminate your account. You
may terminate your account at any time by deleting your account with the
Services and discontinuing use of any and all parts of the Services.
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Indemnification
You agree to indemnify, defend, and hold us as
well as our subsidiary companies and affiliated legal entities and all of our
directors, officers, shareholders, agents, licensors and employees harmless
from and against all damages, liability, loss, costs and expenses (including
reasonable legal fees and costs) arising out of: (i)
your breach of this Agreement; (ii) your breach of any applicable law or
regulation; (iii) your infringement or violation of the rights of any third
parties (including intellectual property rights); and (iv) any breach of the
representations, warranties, and covenants made herein, by you.
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Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE
SERVICES ARE PROVIDED "AS IS" AND USED AT YOUR SOLE RISK WITH NO
WARRANTIES WHATSOEVER; WE, AND OUR SUBSIDIARY COMPANIES AND AFFILIATED LEGAL
ENTITIES AND ALL OF OUR DIRECTORS, OFFICERS, AGENTS, LICENSORS AND EMPLOYEES DO
NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL
SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH
RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS
OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE
FOR A PARTICULAR PURPOSE. WE, AND OUR SUBSIDIARY COMPANIES AND AFFILIATED LEGAL
ENTITIES AND ALL OF OUR DIRECTORS, OFFICERS, AGENTS, LICENSORS AND EMPLOYEES
FURTHER DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE,
ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE.
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Limitation of Liability and Damages
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Limitation
of Liability. WE, AND OUR SUBSIDIARY COMPANIES AND
AFFILIATED LEGAL ENTITIES AND ALL OF OUR DIRECTORS, OFFICERS, AGENTS, LICENSORS
AND EMPLOYEES SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO US, FOR: (i) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES; OR (ii) ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS,
OPPORTUNITY, GOODWILL OR REPUTATION (WHETHER DIRECT OR INDIRECT); OR (iii) ANY
DAMAGE TO OR CORRUPTION OF DATA (WHETHER DIRECT OR INDIRECT); OR (iv) ANY
CLAIM, DAMAGE OR LOSS (WHETHER DIRECT OR INDIRECT) ARISING FROM OR RELATING TO
ANY PRODUCT OR SERVICE PROVIDED BY A THIRD PARTY UNDER THEIR OWN TERMS OF
SERVICE OR ANY THIRD PARTY WEBSITE.
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Limitation
of Damages. IN NO EVENT WILL WE, OR OUR SUBSIDIARY COMPANIES
OR AFFILIATED LEGAL ENTITIES OR ANY OF OUR DIRECTORS, OFFICERS, AGENTS,
LICENSORS OR EMPLOYEES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF
THE SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR
OTHERWISE), EXCEED ONE HUNDRED DOLLARS.
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Basis
of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED
OUR SERVICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY
DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE
WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT
A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE
WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN
ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US.
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Time Limit. YOU AGREE THAT ANY CLAIM ARISING FROM OR RELATED
TO THE SERVICES MUST BE BROUGHT BY YOU WITHIN ONE YEAR FROM THE DATE WHEN THE
CLAIM FIRST COULD BE FILED OR SUCH CLAIM IS PERMANENTLY BARRED.
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Applicability. SOME
JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR
THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE
EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THIS
AGREEMENT, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO
THE EXTENT NECESSARY TO MAKE THIS AGREEMENT CONSISTENT WITH SUCH PROHIBITIONS.
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Miscellaneous
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Enforceability. Your
use of the Services and the content and features accessed through the Services
constitute your electronic signature to the agreement set out in this Agreement
and your consent to enter into agreements with us electronically. This Agreement will be deemed to satisfy
any writings requirements of any applicable law, notwithstanding that the
agreement set out in this Agreement is written and accepted electronically. All contracts between you and us
completed electronically will be deemed for all legal purposes to be in writing
and legally enforceable as a signed written agreement.
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Notice. You agree to receive electronic communications from us addressed
to the e-mail address associated with your account. You acknowledge and agree
that any communication via e-mail or by postings on the Site satisfies any
legal requirement that such communications be made in writing.
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Force Majeure. Neither party will be responsible for a
failure to fulfil its obligations under this Agreement or for delay in doing so
if such failure or delay is due to circumstances beyond its reasonable control,
such as acts of nature, acts of government, war, riots, strikes and accidents
in transportation, but excluding a lack of financing, cash or credit.
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Waiver. Our
failure to exercise or enforce any right or provision of this Agreement will
not constitute a waiver of such right or provision. Any waiver of any provision
of this Agreement will be effective only if in writing and signed by us.
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Governing Law. You agree that this Agreement shall be
governed by the substantive laws of the province of Alberta and the laws of
Canada applicable therein, without respect to its conflict of laws principles.
You agree, in the event of any claim or dispute between you and us that arises
in whole or in part from the Services or this Agreement, to attorney to the
non-exclusive jurisdiction of the courts of the province of Alberta.
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If any provision of this Agreement is held to be
unlawful, void, or for any reason unenforceable, then that provision will be
limited or eliminated from this Agreement to the minimum extent necessary and
will not affect the validity and enforceability of any remaining provisions.
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Assignment and Enurement. We may at any time
assign our rights and obligations under this Agreement, in whole or in part,
without notice to you. You may not assign this Agreement without our prior,
written consent. This Agreement will ensure to the benefit of and bind you and
us and our respective personal and legal representatives, successors and
permitted assigns.
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Relationship. You
agree that no joint venture, partnership, fiduciary, employment or agency
relationship exists between us and you as a result of this Agreement or your
use of the Services.
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Survival. Upon
termination of this Agreement, any provision which, by its nature or express
terms should survive, will survive such termination or expiration.
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Interpretation. In this Agreement: (i) the captions and
headings are for convenience only and do not constitute substantive matter and
are not to be construed as interpreting the contents of this Agreement; (ii)
the word "including", the word "includes" and the phrase
"such as", when following a general statement or term is not to be
construed as limiting, and the word "or" between two or more listed
matters does not imply an exclusive relationship between the matters being
connected; and (iii) all references to website addresses or URLs will also
include any successor or replacement websites containing substantially similar
information as the referenced website(s).
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Entire
Agreement. This Agreement, as amended from time to time,
including any and all documents, rules, terms and policies referenced herein,
including but not limited to the Privacy Policy, constitutes the entire
agreement between us and you with respect to the matters referred to in this
Agreement and supersedes all prior and contemporaneous agreements and
understandings, whether electronic, oral or written, between us and you with
respect to such matters.
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English Language. The parties have requested and agree that these Terms and
Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé
que cette convention ainsi que tous les documents qui s'y rattachent soient
rédigés en anglais.
Last Revised: August 19, 2015
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