GENERAL TERMS AND CONDITIONS APPLICABLE TO THE WEBSITE:
Each user of this Website agrees as follows:
- 1. LIMITED RIGHT TO USE.
Except as otherwise noted in this Website, all information, documentation and other content posted on this Website (collectively, the "Information") is the property of Bentley Financial Services Canada, Inc. (also referred to as “we”) or our third party service providers and is protected by the copyright laws of Canada and throughout the world. The posting of Information does not constitute a waiver of any proprietary rights in or related to such Information (such as, but not limited to, patents, copyrights and trademarks) or a transfer of any such rights to you or any third party. You may not copy or distribute any Information published on this Website or any portion of the Information without our prior written permission. This includes any copying, reproduction, modification, republication, uploading, posting or directly or indirectly sending any Information (or portions of Information) in any form or by any means. You agree not to delete any copyright or similar notice from any Information.
- 2. ELIGIBILITY.
This Website (also referred to herein as the “Site” or “Services” or “System”) is offered only to adult persons who are residents of Canada who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is not offered to minors. Other restrictions and eligibility requirements for certain Services apply as described in the Terms or other disclosures on the Site. We do not knowingly collect any personal information from or about individuals under 18 years of age. By using the Website, Site and/or the Services, you represent that you are expressly authorized to use this Site, that you agree to use the Site solely for the authorized purposes, and that you otherwise meet these requirements and that you agree to the Terms.
- 3. LINKS AND FRAMES.
- 4. USE OF LOGOS.
The names, logos, designs, slogans, trademarks or service marks of us or our third party service provider may not be used in any advertising, publicity or promotion or in any other commercial manner without our prior written consent.
- 5. PASSWORD AND SECURITY.
You agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such password or credentials. If you believe that your password or credentials have been lost or stolen or that someone may attempt to use them to access this Website without your consent, you must notify BFSC Customer Service at 888-641-6387.
- 6. INTERFERENCE AND MALICIOUS CODE.
You may not use this Website, including uploading, posting or otherwise transmitting any information, that could in any way transmit, directly or indirectly, any form of malicious or unwanted code or program to this Website or any websites, servers, networks, systems or equipment, or would otherwise interfere with or disrupt this Website or any Websites, servers, networks, systems or equipment. You must at all times abide by all policies, procedures and other requirements established by any networks connected to this Website. You also may not employ any spiders, robots or other similar data mining programs or techniques on any Information or otherwise in connection with your use of this Website.
- 7. MONITORING.
You agree that we and our third party service providers have the right, but not the obligation, to monitor your use of this Website as well as any information posted or uploaded to this Website. We perform this monitoring for purposes of ensuring compliance with these Terms, compliance with any applicable laws or regulations, and understanding users’ use of this Website, but this monitoring may be for any purpose permitted or authorized by applicable law, regulation or government or industry agent.
- 8. THIRD PARTY PRODUCTS AND SERVICES.
From time to time, products and services provided by third parties (the "Third Party Services") may be offered for sale or made available through or by links from this Website. Except to the extent expressly stated otherwise on this Website, we have no control over any such Third Party Services. In no event will we have any liability arising out of or related to the Third Party Services. Any such offer of the Third Party Services does not constitute an endorsement by us of the Third Party Services or the providers thereof. Some or all Third Party Services may not be available in your area.
- 9. REQUIRED TECHNOLOGY.
Your access and use of this Website may require certain equipment, connectivity services and other technology (e.g., computers or other similar devices, Internet connectivity, reading programs, etc.). It is your responsibility to obtain and maintain all of this required technology at your own expense. Although we generally try to make this Website compatible with available technology, we do not imply or guarantee in any way that this Website will be compatible or otherwise accessible using any specific model, brand or type of technology.
- 10. UNAUTHORIZED ACCESS.
You will take all reasonable precautions to prevent unauthorized persons from obtaining access to or use of the Services made available through the use of software applications supported and provided in this Website or the Services. We and our third party service providers shall have the right to rely upon any information received from any person using a password assigned to you and will incur no liability for such reliance. In the event of any breach of any security measures established by us and/or our third party service providers, we shall have the right to immediately terminate your access to all or any affected portion of the Services until such time as such breach has been secured to our satisfaction.
- 11. NO REVERSE COMPILATION.
You will not: (i) reverse compile, reverse assemble, disassemble or translate any portion of the Services; or (ii) access or attempt to access, distribute, disclose, market or copy in any form any information or data, including but not limited to Information, regarding the Services.
- 12. OWNERSHIP RIGHTS.
You acknowledge that we and/or our licensors, and third party service providers, as applicable, are the owner of all right, title and interest in the Services, to all software and documentation related thereto, and to any modifications or enhancements thereof. You shall not violate or infringe upon any of the intellectual property such as patents, trademarks, copyrights, trade secrets or other proprietary rights related to the Services. All photographs, audio and video clips, picture images, graphics, links, website architecture, format, layout and data structures, and all other items contained on the Website are copyrighted unless otherwise noted and may not be used in any manner, except as provided in these Terms or in the Website text, without BFSC’s prior written permission. Any unauthorized use of these materials may violate copyright, trademark and privacy laws, and other applicable statutes. You may browse this Website and download or print a copy of material displayed on the Website for your personal and non-commercial use only and not for redistribution, unless consented to in writing by BFSC. This limited consent shall automatically terminate upon your breach of any of these website Terms.
To the extent that you send a message or upload content or any other information to the Website, you hereby grant to BFSC and our affiliates and third party service providers a non-exclusive, perpetual, sublicensable, royalty-free and worldwide license to reproduce, communicate, make derivative works and otherwise use and display such content. You hereby waive all moral rights attaching to such content in favor of BFSC and our affiliates and third party service providers (and to the extent that you do not hold the moral rights, you represent and warrant that you have obtained all necessary waivers of moral rights to upload such content and grant such license). You warrant and represent that any message, content or other information posted by you to this Website does not infringe any rights, including intellectual property, privacy or publicity rights, of any third party.
- 13. COMPILATIONS OF CUSTOMER DATA.
You acknowledge that the Services made available through this Website may contain valuable proprietary information of us or our third party service providers and that we or our third party service providers shall own all right, title, and interest in any compilations of customer data in aggregated and anonymous form.
- 14. HOST AND LICENSORS AS THIRD PARTY BENEFICIARIES.
You acknowledge that BFSC, the Site host and other third party service providers and licensors are suppliers under these Terms applicable to this Site and shall each be a third party beneficiary of the rights afforded by these Terms and shall be entitled to enforce them as needed to enjoy the benefits intended to be conferred hereunder.
- 15. EXPORT LAWS.
Software and encryption codes from this Website may be subject to Canadian export control laws and regulations. User represents, warrants, and certifies that it will comply with all applicable trade control and regulatory laws of Canada ("Export Laws") (including but not limited to the Customs Act, Defence Production Act, Export and Import Permits Act, Special Economic Measures Act, United Nations Act and the regulations or policies made under those acts. By downloading or using any such software or encryption codes, you represent and warrant that you will comply with all applicable Export Laws related thereto.
- 16. NON-CONFIDENTIALITY OF COMMUNICATIONS.
- 17. NO WARRANTIES; LIMITATION OF LIABILITY & INDEMNITY.
Although we attempt to provide useful Information, we do not guarantee that the Information is accurate, current or suitable for any particular purpose. We assume no obligation to update or continue to post the Information. We do not guarantee that access to this Website will be uninterrupted, that this Website will be free of viruses or that this Website cannot be tampered with by third parties. We do not guarantee that information sent to this Website will not be obtained, reviewed, disclosed or tampered with by third parties, whether or not measures are taken to secure such information. THIS WEBSITE, THE INFORMATION AND ANY SOFTWARE RELATED THERETO ARE PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THIS WEBSITE, THE INFORMATION AND SUCH SOFTWARE IS AT THE USER'S SOLE RISK. IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO ANY SOFTWARE RELATED THERETO), ANY WEBSITE OPERATED BY A THIRD PARTY OR ANY INFORMATION CONTAINED ON THIS WEBSITE OR ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER ON AN ACTION IN CONTRACT OR TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF BFSC IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF YOU, OTHER USERS OR ANY OTHER THIRD-PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE RISK OF ANY INJURY RELATING THERETO RESTS SOLELY AND ENTIRELY WITH YOU. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. BFSC's liability in any case shall, however, be limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless BFSC, its affiliates and third party service providers and each of their respective shareholders, directors, officers, employees, agents, licensees and assigns from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website and Services or your breach of these Terms or a misrepresentation made by you under these Terms.
- 18. REMEDIES FOR BREACH.
If we have reason to believe that you have engaged in any of the prohibited activities described in these Terms or have otherwise breached your obligations under these Terms, we may terminate, suspend or limit your access to or use of this Website; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide access to this Website to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate your access to this Website for any reason and at any time.
- 19. WAIVER OF JURY TRIAL.
Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective affiliates arising under or relating to these Terms and the use of this Website.
- 20. WAIVER OF CLASS ACTION CLAIMS.
Both parties agree to waive any right to assert any dispute or claim against the other party or any other intended beneficiary arising under or relating to these Terms or this Website as a class action.
- 21. MODIFICATIONS TO THESE TERMS.
We may add to or otherwise modify these Terms (in whole or in part) at any time. Such changes are at our discretion, and such additions or modifications shall be effective immediately upon posting to this Website. By using this Website after such additions or modifications are posted, you are agreeing to accept and comply with the Terms as modified. You should periodically visit this page to review the then current Terms to which you are bound.
- 22. YOUR PRIVACY.
- 23. GENERAL.
- 24. SUPPLEMENTAL TERMS AND CONDITIONS.
Supplemental or different terms and conditions than those set forth in these Terms may be applicable to information you receive or transactions you engage in using this Website. Any such supplemental or different terms and conditions will be disclosed to you, either by being posted on this Website or by inclusion in a separate agreement.