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General Overview
By using the website, or registering as a member, you agree to the
following rules; failure to comply with these rules may lead to the
cancellation of your membership and/or a denial of access to the
service. You may use the Website for lawful purposes only. You may not
post or transmit any material that violates the rights of others,
infringes on a person's intellectual property rights (Such as
copyrights, patents or trademarks), is otherwise unlawful or encourages
unlawful activity, or could give rise to civil liability. Posting or
transmission of any material that violates any Federal, provincial or
local law or regulation is prohibited and we reserve the right to notify
law enforcement authorities in such an event.
The website offered on the domain name 911unity.com, 911unity.ca,
bluelingrings.ca, bluelinering.com, bluelinering.ca,
honourourfallen.com, honorourfallen.com or honorourfallen.ca, including
the servers an services operated by 911 Unity will collectively herein
be referred to as "911 Unity" or "the Website".
Acceptance
If you do not agree with any of the terms of use set out herein, or are
not authorized, or do not have the legal standing to agree and to accept
this agreement in it's entirety, you may not use the website or order
the products.
The Website and products are solely directed to individuals, firms or
associations who can enter into a legally binding contract under
applicable law in Canada. The Website may not be used by any person or
entity in jurisdictions where access to, or use thereof, may be illegal
or prohibited by law.
USE IS AGREEMENT. 911 Unity collects, uses and discloses personal
information in accordance with our published
Privacy Policy and each time you use the Website you are accepting
these policies and this agreement in its entirety and you further
consent to 911 Unity's continued collection and use of your personal
information in accordance with such policies.
It is solely your responsibility to determine whether your
use of the website is lawful, and you must comply with all applicable
local laws.
Copyrights & Copyright Statements
a) All trademarks, registered trademarks, logos,
company names and images are copyright to their respective owners. 911
Unity , it's distinctive logos, images, files, code and designs are
solely the property of 911 Unity and copyrighted content under the laws
of Canada and worldwide treaties. Other logos, service marks, registered
trademarks and trademarks are copyrighted to their respective owners and
used under license or used under fair dealing laws in Canada and fair
dealing laws in the United States
b) By submitting any materials to us, you
automatically grant (or warrant that the owner of such materials
expressly granted) us perpetual, royalty-free, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
transmit, publish, translate, publicly perform and display, create
derivative works from and distribute such materials or incorporate such
materials in to any form, medium, or technology now know or later
developed throughout the time. In addition, you warrant that all
so-called "moral-rights" in those materials have been waived. 911 Unity
defines Submission as:
i) Information or articles received or sent
via email;
ii) Submissions through our website;
iii)Any information relayed to 911 Unity
explicitly for submission purposes through HTTP protocol;
iv) Any information relayed to 911 Unity
explicitly for submission purposes through FTP protocol;
v) Other forms of submission via the Internet;
vi) Submissions via facsimile.
All information and Content contained on, or made available over, the
Website are subject to copyright protection © Copyright 1997-2006 911
Unity. All rights reserved. Any copying, duplication, republication
and/or redistribution of said Content, including by caching, framing or
similar means, is expressly prohibited without the prior written
approval and consent of the Managing Director of 911 Unity.
Trademarks
911 Unity is a registered business name. The words 911 Unity and the
slogan "Omnes ad Unum" are trademarks of 911 Unity, whether they are
registered or not. All other products, services, brands, company names,
icons, slogans and logos used on the Website may be trademarks of their
respective owners. Any use of any of the marks appearing on the website
without the express written consent of the Managing Director of 911
Unity, or the owner of the applicable mark, as appropriate, is strictly
prohibited.
Modifications
911 Unity reserves the right in its sole discretion, without recourse
from you, to at any time modify or discontinue the whole, or any part
of, the Website and or products, without notice to you or any person or
entity in any way whatsoever for any loss or damage of any kind
whatsoever incurred as a result of, or in connection with, any such
modifications or discontinuance.
News Content and Fair Dealing
The editing department of 911 Unity may quote or use other news sources
for reference to said topic. Information such as statistics, news
photographs and collectively 3rd party material might be contained in
certain articles. When using a news photograph, we always quote the
source of the image in text below the image.
News photographs are used for informational purposes only. 911 Unity
does not claim copyright to news photographs which do not have either:
a) a known source;
b) text below the image which states the photograph source is 911 Unity.
It should be noted that Fair Use laws in Canada (also known as Fair
Dealing) differ from those in other countries.
Errors, Omissions & Inaccuracies
911 Unity employs all reasonable efforts to provide accurate information
on the Website and about the products. However, due to many factors,
including human error, the Website content and product information and
prices are expected to from time to time contain errors, omissions or
inaccuracies. When errors, omissions or inaccuracies are detected , we
reserve the right to correct all errors an omissions, including the
right to repair or replace the affected item.
Disclaimer
911 Unity disclaims al liability from any error, commission or
inaccuracy that may occur on or through the Website. Without the
generality of the foregoing, 911 Unity makes no condition,
representation, promise or warranty that the Website:
a) Will be compatible with your computer and software;
b) Will be available when you want it;
c) Will function without interruption or error;
d) and the information available on or through the Website will be
accurate, complete or timely, including browsing and your downloading of
graphics, information or data available through the Website, will be
free of viruses, Trojan horses, worms or other destructive or disruptive
programs;
e) The transmission of information to and from the Website, will be
secure, and the use of the Website will not infringe the rights
(including Intellectual Property Rights) of any person, firm or other
entity.
Limitation of Liability
911 Unity will not, under any circumstances, be liable to you or any
other person, firm, entity, for any damages whatsoever, including but
not limited to, any direct, indirect, consequential, special, exemplary
or punitive damages or any damages for loss of use, production, income
or profits (anticipated or otherwise), savings or goodwill, economic
loss, or other intangible loss, whether in contract, tort or under any
theory of law or equity, arising from, connected with, or relating to
the website or the products (including the use, inability to use, or
performance of the Website or any of the products), and regardless of
any negligence or other fault or wrongdoing by 911 Unity, its employees
or representatives, and notwithstanding that 911 Unity may have been
advised of the possibility of such loss or damages being incurred or
could have foreseen the possibility of such damages.
You expressly acknowledge that 911 Unity has entered into this
agreement, and has and will make the website and products available to
you, in reliance upon the limitations and exclusions of liability and
the disclaimers set forth herein, and that the same form an essential
basis of the bargain between you and 911 Unity. You expressly agree that
the limitations and exclusions of liability and the disclaimers set
forth and herein will survive, and continue to apply in the case of, a
fundamental breach or breaches, the failure of essential purpose of
contract, the failure of any exclusive remedy or termination of this
agreement.
Please note that the exclusion of certain warranties and the
limitation of certain liabilities is prohibited by legislation in some
jurisdictions. Such legislative limitations may apply to you.
Indemnity
You agree to defend, indemnify and hold 911 Unity , its affiliates,
suppliers, licensors, licensees, co-branders, information providers,
service providers, partners, directors, officers, employees, agents and
other related parties, harmless from and against any and all
liabilities, claims, costs and expenses, including without limitation
reasonable attorney's fees and expenses, in connection with, your:
a)violation of this Agreement;
b) use of the Website of any of the products, or;
c)placement, posting, transmission or emailing of any message,
information, software or other consent on or through the Website.
Further, you agree or assist and fully cooperate as reasonably required
by 911 Unity in the defense of any such claim or demand involving you.
Intellectual Property
911 Unity and applicable 3rd parties, hold all right, title, and
interest in and to the Website and associated content available on or
through the Website, including without limitation all information in
text, graphical, video and audio formats, images, icons, designs,
software, applications ("Content"). You acknowledge that the Content is
protected by Canadian and International copyright, patent, trademark and
other applicable intellectual property laws. You may print or download
the pages of the Website solely for your lawful and personal use
provided that you do not modify any of the Website pages or other
Content and you do not remove or alter any visible or non-visible
identification marks, notices, or disclaimers. Notwithstanding the
foregoing, your use of the Website does not grant or transfer to you any
ownership or other rights in the Website or any Content, and except as
expressly provided , nothing herein or within the Website or any of the
Services shall be construed as conferring to you or any person any
licence under any of 911 Unity's or any 3rd party's intellectual
property rights (whether by estoppel, implication, waiver or otherwise),
including without limitation any right to copy, download, display,
perform, reproduce, distribute, modify, edit, alter or enhance any of
the Content in any manner.
Linking and Framing
911 Unity permits other websites to link to the Website but the framing
of the Website or any of its Content in any form and by any method is
strictly prohibited. Further and notwithstanding the foregoing, 911
Unity reserves the right to cancel and revoke their permission to any
party to link to the Website at any time, for any reason, without any
notice, and without any liability to such party or any other person. If
you have any questions about linking to the Website please contact our
Webmaster.
Submissions
You hereby grant 911 Unity a world-wide, perpetual, irrevocable,
royalty-free, non-exclusive and unrestricted license to use, copy,
adapt, transmit, publicly display and perform, distribute and create
compilations and derivative works from, any and all Content (in any
format or media) you post on, or otherwise submit to, the Website
("Submission"), including any message on 911 Unity forums, blogs or
discussion groups. You agree that 911 Unity may preserve and disclose
any Submission or other information associated with you or your account
where required to do so by law or where such preservation or disclosure
is reasonably believed by 911 Unity to be necessary to ensure compliance
with the law, enforce this Agreement or enforce the rights and interests
of 911 Unity.
Governing Law and Jurisdiction
911 Unity makes no representation that the current location of the Host
of the Website is appropriate or the Website will be available for use
in other locations. Unless otherwise explicitly stated, all Products,
services, and other materials found on this Website are solely directed
to individuals, companies or other entities located in Canada. If you
use this Website from outside Canada, you are entirely responsible for
compliance with applicable laws of Canada, without regard to the
conflicts of law provisions of any jurisdiction. You hereby irrevocably
submit to the exclusive jurisdiction of the Courts of the province of
Ontario, in the City of Orillia, or other appropriate jurisdiction
within Simcoe County in relation to all disputes arising from or related
to this Agreement, your use of the Website, the Products or any related
matters.
Termination
If you breach any Provision of this Agreement, you must immediately
cease to use the Website and you shall no longer be permitted to order
the products. 911 Unity may in its sole discretion, change, suspend or
terminate, temporarily or permanently, the Website or Gift Cards or
Shopping Credits, or any part or any features there of, at any time, for
any reason, without any notice or liability to you or any other person.
If this Agreement or you r permission to use the Website is terminated
by you or 911 Unity for any reason, this Agreement will nevertheless
continue to apply and be binding upon you in respect of you prior use of
the Website and ordering of Products and anything connected with,
relating to or arising from such. If you are dissatisfied with the
Website, any Products, or with this Agreement including any condition,
term, rule, policy, guideline, or practice of 911 Unity in operating the
Website, your sole and exclusive remedy is to discontinue using the
Website and ordering the Products. The Disclaimers, Limitation of
Liability and Indemnity provisions in this agreement shall serve as
termination of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between 911 Unity and
you pertaining to your use pertaining to the use of the Website and the
Products, and supersedes any prior arrangements between you and 911
Unity. 911 Unity's failure to insist upon or enforce strict performance
of any right or provision of this Agreement shall not constitute, or be
construed as, a waiver of nay right or provision thereof. If nay
provisions or parts thereof, in this Agreement are determined by a court
of competent jurisdiction to be void, invalid or otherwise
unenforceable, such determination shall not affect the remaining
provisions, or parts thereof contained herein. All rights not expressly
granted by this Agreement are reserved to 911 Unity.
Questions & Complaints
We value your input. Should you have any questions relating to
our Terms of Service, please contact us via email, fax or postal service
with the information contained on our contact page.
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