Please read the following Terms and Conditions carefully before using this Site. (Last Updated on March 6, 2017)
Terms and Conditions of Use of Site
(a) This web site (the “Site”) is conditional on your acceptance of the terms and conditions of use set forth below (the “Terms and Conditions”). By visiting or using this Site in any way whatsoever, you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the Terms and Conditions for each Use of and each visit to this Site. If you do not agree to abide by these Terms and Conditions, you should not Use this Site.
The contents of this site are protected from copying or distribution under national and international copyright laws and treaties throughout the world. Copyright © Empress of Canada Enterprises Inc. (Herein after called Empress). All rights reserved.
(b) Empress has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions. Changes will be effective when they are posted at this Site. Please check the Terms and Conditions frequently for updates. Your continued Use of this Site after any such changes are posted will constitute acceptance of those changes.
Links to Other Sites
Empress may offer certain links to other web sites outside the Empress. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own discretion and risk.
Subject to any applicable law, the requirements of the Privacy Statement, any communications, or content, or personal information sent by or to you via this Site or otherwise to Empress are on a non-confidential basis. Empress shall be free to use the content of any such communication for any purpose. You agree to not assert any ownership right of any kind in such communications and you hereby waive the right to receive any financial or other consideration in connection with such communication.
Empress makes reasonable efforts to ensure that the content it provides to the site is accurate and current. However, you acknowledge that:
(a) Empress makes no representation or warranty of any kind regarding the Site and its Content,
(b) that you will be solely responsible for any Content you provide the Site or otherwise provide to Empress
(c) that the Site, the Content, and each Web site Service are provided on an “AS IS” basis; and that any use of or reliance on this Site or any Content shall be at your sole risk.
EMPRESS DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.
Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL EMPRESS HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE FOR ANY LOSS OR DAMAGES WHATSOEVER, ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO THIS SITE, ANY CONTENT THEREIN, OR ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES, EVEN IF EMPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
You agree to defend, indemnify and hold harmless each of Empress, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Content or your breach of the Terms and Conditions.
Choice of Law
This Site is controlled, operated and administered by Empress from its offices within the Province of Ontario, Canada. By accessing this Site, you agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
Any and all disputes arising out of the use of this Site will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time.
The Terms and Conditions constitute the entire agreement between Empress and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between Empress or its affiliates and you with respect to this subject matter. Any cause of action you may have with respect to your use of this Site or which is the subject of the Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Empress. Empress failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. No changes to the Terms and Conditions shall be made except by a revised posting on this page. The Terms and Conditions shall enure to the benefit of Empress, and its affiliates. Any and all references in the Terms and Conditions to Empress and its affiliates shall, where the context so permits, include Empress’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. Empress may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any party at any time.
Questions on Terms and Conditions
Should you have any questions regarding the Terms and Conditions, you may contact Empress, 260 Queen’s Quay West, Suite 1408, Toronto, Ontario, Canada M5J 2N3.