User Agreement
(the “Agreement”)
Effective Date: May 1, 2020
This website, www.welcomehometransitions.ca (the “Site”), is made available by Welcome Home Transitions and our affiliates (“Welcome Home Transitions”, “us” or “we”). All content, information, products and services provided on and through the Site may solely be used under the following terms of service (the “Terms”). Your use of the Site constitutes your acceptance of the Terms, as well as any other terms, guidelines or rules that apply to any portion of the Site, as established from time to time. If you do not agree to these Terms, you must exit and immediately discontinue your use of the Site.
We reserve the right to update and revise these Terms at any time. You will know if the Terms have been revised since your last visit by referring to the “Effective Date” noted at the top of this document.
The Site is being provided to review, inform and contact us to retain our services, including, senior housing and relocation assistance, health system navigation assistance, and other services (the “Services”)
Acceptance of Terms
By accessing the Site, you agree to be bound by this Agreement. The Site is offered subject to acceptance of all the terms and conditions contained in this Agreement and all other operating rules, policies, and procedures that may be published on the Site from time to time.
1. Modification
We reserve the right, at our sole discretion, to change, suspend, or discontinue the Site at any time for any reason. We may also impose limits on certain features and Services or restrict access to parts or all of the Site without notice or liability.
We reserve the right to modify this Agreement at any time, and without prior notice, by posting an amended Agreement that is always accessible on our website. You should review the effective date for each Agreement.
Notwithstanding the forgoing, we may update the Site from time to time with new versions, bug fixes or updates.
2. License for Access and Use
Subject to the Terms of this Agreement, we grant registered users a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to view, access and make personal use of the Site. You are responsible for the content of, and harm resulting from any materials you submit, save, share or upload to the Site.
3. Requirements
In order for the Site to function properly, the Site may require that you have special software installed on your computer or mobile device (collectively “computer”) and that your computer meet certain basic requirements. It is your responsibility to ensure that your computer meets all requirements on the Site. We will not be responsible for any functionality or service failures that may result due to your computer or internet connection. You acknowledge that the quality of the Site may be affected as a result of your computer.
4. Representations of User
You represent, warrant and covenant that:
- You are over the age of 19 and are fully competent to enter in to agreements in Canada and to be bound fully to the Terms;
- All information provided by you to us is complete, true, accurate and current;
- You will not misuse the Site as further outlined in the section below.
5. Prohibitions
As a condition to use the Site, you shall not:
- reproduce, duplicate, modify, copy, sell, resell, or otherwise exploited for any commercial purpose the Site, its contents or any portion thereof without our express written consent;
- use the Site for any illegal or unauthorized purposes;
- post, email, upload, transmit or otherwise make available any information, materials or other content that is illegal, abusive, harmful, threatening, harassing, obscene, defamatory, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group;
- use any false information in your account, or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- use of data mining, robots, screen-scraping, or similar data gathering and extraction tools;
- collect, upload, phish, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
- reverse engineer, decompile or disassemble any of the software used to provide the Site; or
- interfere with or disrupt the Site, or any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
6. Privacy and Communications
We reserve the right to send notifications of renewals, special offers, updates to our terms and conditions to the extent permitted by the CAN-SPAM Act and other relevant privacy law in Canada.
All communications between you and us are confidential and subject to our Privacy Policy as prepared from time to time.
You agree that you will communicate to other third parties or users of the Site in compliance with this Agreement and to the extent permitted by the CAN-SPAM Act and other relevant privacy laws. You will not use any mass emailing options available through the Site to send spam or malicious emails. You are responsible for all content contained in mass emails sent by you through the Site.
7. Links to Third Parties
The Site may provide, or third parties may provide, links to other websites and resources. We have no control over and do not monitor such sites and resources. You acknowledge and agree that we are not responsible for the availability of such third-party sites, services or resources, and do not endorse and are not responsible or liable for any content, advertising, or other material available on such sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods or services available on or through any such site or resource.
8. Ownership of Intellectual Property
All title, including not limited to copyrights, patents, trade secrets and other intellectual property rights in and to the Site, and any copies thereof are owned by us. All title and intellectual property rights in and to the content which may be accessed through the Site is the property of the respective content owner and may be protected by applicable intellectual property law.
Welcome Home Transitions and other trademarks displayed in connection with the Site unless otherwise indicated, are the exclusive property of Welcome Home Transitions.
9. Your Content
Some areas of the Site allow users to submit and publish content such as profile information, comments, questions, photographs illustrations and other content information (“Your Content”) You retain ownership in Your Content. However, you grant us a non-exclusive, royalty-free, license to use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform and display your Content in connection with the Site. Before posting Your Content, you represent that you have all necessary permission to post such.
10. Termination
Without prejudice to any other rights, we may terminate this Agreement if you fail to comply with our terms and conditions.
11. Limitation of Liability
IN NO EVENT WILL WELCOME HOME TRANSITIONS, OR ITS LICENSORS OR AFFILIATES, BE LABILE WITH RESPECT TO ANY SUBJECT MATTER IN THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE MEANS FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA, (IV) ANY OF YOUR CONTENT OR (V) DAMAGES RELATING TO YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SITE, VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SITE OR SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SITE AND ANY USER CONTENT OR CONTENT OF THIRD PARTIES ON THE SITE. WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL. THE FORGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
To the maximum extent permitted by applicable law, we assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site , (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the Site, (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party, (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service, and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall we, or our affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Welcome Home Transitions.
12. Warranty Disclaimer
YOUR USE OF THE SITE OR THE SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU ARE MAKING USE OF THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY WITH RESPECT TO ITS SOFTWARE, SITE, SERVICES, ANY USER CONTENT, OR THE SITE WILL PERFORM AS PROMISED. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Applicable Laws and Jurisdiction
Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed according to the laws of Canada and the Province of Ontario as applicable.
14. Indemnification
You agree to indemnify us and hold our subsidiaries, affiliates, officers, directors, agents and other partners or employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising from your use of the Services or the Site, your violation of this Agreement, or your violation of the rights of any third parties. You are responsible for your actions when using the Site.
15. Notices.
Notices to you may be sent via either email or regular mail to our address. If you wish to contact us or deliver any notice, you can do so as follows:
info@welcomehometransitions.ca
16. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continued waiver of such term of any other term, and our failure to assert any right or provision under this Agreements shall not constitute a waiver of such right or provision.
17. Relationship
No independent contractor, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
18. Assignment
This Agreement and any rights or licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us at our sole discretion.
19. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Site, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
20. General
This Agreement constitute the entire agreement between you and us concerning your access and use of the Site. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited or modified as necessary to eliminate its invalidity or unenforceability without in any way affecting the remaining portion of the Agreement.
