Terms of Use
Terms of Use and Legal Restrictions
ATTENTION: YOUR ACCESS TO THIS SITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THEY CONTAIN DISCLAIMERS OF WARRANTIES, REPRESENTATIONS, CONDITIONS, GUARANTEES AND ENDORSEMENTS; EXCLUSIONS AND LIMITATIONS OF LIABILITY; WAIVERS OF RIGHTS AND ACCEPTANCE OF RISKS IN RELATION TO ACCESS TO AND USE OF THIS SITE AND THE INFORMATION IT CONTAINS. BY ACCESSING AND USING THIS SITE OR DOWNLOADING ANY CONTENT FROM THIS SITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS AND CONDITIONS AND AGREE WITHOUT LIMITATION OR QUALIFICATION TO BE BOUND BY THEM AND BY APPLICABLE LAWS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THIS SITE OR DOWNLOAD ANY CONTENT FROM THIS SITE.
Ownership and Monitoring.
The Site is owned by Huinink Infrastructure Ltd. Huinink may monitor access to, use of and other activities relating to the Site, and may intervene in relation thereto but does not make any representation or warranty that it will do so. You hereby consent to any such monitoring and intervention.
Disclaimer of Warranties.
The materials on this Site, which may include the underlying HTML, text, images, audio clips, video clips, software and other materials (the "Content"), are provided by Huinink for informational purposes only. Huinink intends the content on the site to be accurate and current. Nevertheless, since the content has been compiled by Huinink from a variety of sources, it is provided to you "as is" and "as available", without warranties of any kind. This site may contain typographical errors and certain inaccuracies. Any consequence of any decision you make based on any part of the Content is your sole responsibility.
HUININK INFRASTRUCTURE ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT AND DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, GUARANTEES OR ENDORSEMENTS, WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE, TRADE USAGE OR OTHERWISE, WITH RESPECT TO THE CONTENT AND TO ANY MATTER RELATING TO THE SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OPERATION, NON-INFRINGEMENT, TITLE, USEFULNESS, COMPLETENESS, ACCURACY, ADEQUACY, CURRENCY, RELIABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HUININK INFRASTRUCTURE DOES NOT GIVE OR MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS, GUARANTEES OR ENDORSEMENTS TO THE EFFECT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS; OR THAT ANY SUCH PROBLEMS THAT ARE DISCOVERED WILL BE CORRECTED. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR THE REPLACEMENT OF EQUIPMENT OR DATA, HUININK INFRASTRUCTURE IS NOT RESPONSIBLE FOR SUCH COSTS.
These exclusions are in addition to any specific exclusions otherwise provided in these Terms and Conditions. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such exclusions that are not permitted do not apply.
Exclusion of Liabilities.
IN NO EVENT SHALL HUININK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR OR OBLIGATED TO PAY ANY CLAIMS, LOSSES, COSTS, EXPENSES OR DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF ANTICIPATED REVENUE, PRODUCT OR CONTRACT, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THIS SITE OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, OR WITH ANY USE OF ANY CONTENT AVAILABLE OR REFERRED TO ON THIS SITE OR OF ANY MATERIALS ON ANY OTHER SITE THAT YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your sole and exclusive remedy is to discontinue using and accessing this Site.
The aforementioned exclusions and limitations shall apply whether any claims, losses, costs or damages are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions shall apply even if Huinink has been advised of the possibility of such claims, losses, costs or damages. Because some jurisdictions do not allow the exclusion or limitation of moral, bodily, incidental or consequential damages, Huinink liability in such jurisdictions shall be limited to the extent permitted by law.
Use of the Site.
You hereby agree not to introduce into or through this Site any information or material that may be harmful to others. You agree not to include, knowingly or otherwise, any error or defect in information that may, among other things, constitute libel, slander or defamation or give rise to a criminal offence or civil liability on the part of any person or entity. You hereby warrant that information or material that you provide to Huinink electronically through your access to or use of this Site does not infringe the rights of any person or entity. Without limiting the generality of the foregoing, you may not:
(a) post, upload, publish, reproduce, transmit or otherwise distribute any part of the Content on this Site:
(i) in any manner that would constitute a criminal offence or give rise to civil liability or encourage conduct that would constitute a criminal offence or give rise to civil liability; or
(ii) which is protected by copyright, any other intellectual property right without obtaining the prior written permission of the holder of the right;
or
(b) otherwise use this Site in a manner that is contrary to law or that would adversely impact use of the Site or the Internet by other users, including posting or transmitting information or software containing viruses or other disruptive components, or sending unsolicited electronic mail.
At Huinink sole discretion, Huinink may terminate or refuse to permit the use of this Site by any person or entity, for any reason and without notice. Huinink may investigate any occurrence of any of the above-mentioned violations and may involve and cooperate with law enforcement authorities in prosecuting any user involved in any such violation.
Copyright.
Huinink either owns the intellectual property rights in the Content that is made available to you on this Site, or has obtained the permission of the owner of the intellectual property in such Content to use the Content on this Site. Except as provided in these Terms and Conditions, Huinink prohibits the redistribution or copying of any Content on this Site without its express written permission. Huinink hereby authorizes you to display on your computer, download and print pages of this Site, subject to the following provisions: (i) the copyright notice appears on all such printouts; (ii) the information will not be altered in any manner; and (iii) the Content is only to be used for personal educational and non-commercial use and will not be redistributed, broadcast or copied to any other media.
Trademarks.
The trademarks, logos and service marks displayed on this Site (collectively the "Trademarks") are registered and unregistered trademarks of Huinink and of others. Nothing contained on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express prior written permission of Huinink or such third party as may own any Trademark. Your misuse of any Trademark or any other Content on this Site is strictly prohibited. Not all of the logos, trademarks or trade names of Huinink are necessarily used on this Site. The absence of any logo, trademark or trade name of Huinink from this Site does not constitute a waiver of any intellectual property rights of Huinink regarding any such logo, trademark or trade name.
Indemnity.
You agree at all times to defend, indemnify and hold harmless Huinink and its directors, officers, employees, agents and representatives from any and all claims, demands, causes of action, liabilities, costs and expenses, including reasonable attorneys' fees, sustained, incurred or paid by Huinink related to or arising out of (a) any violation of these Terms and Conditions by you or by any user of your account, (b) an act or omission or your negligence resulting from use of the Internet or access to any website, including this Site, by you or by any user of your account or (c) the placement or transmission of any information or other materials on this Site by you or any user of your account.
User Submissions Not Privileged / Article Submissions.
Any comments, material, information or other communication you transmit or post to this Site ("Submission") shall be considered non-confidential and non-proprietary. Huinink shall have no obligations with respect to your Submissions. Huinink, its employees, agents and representatives shall be free to copy, disclose, distribute, incorporate and otherwise use your Submissions and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. Huinink reserves the right to edit, re-purpose or re-publish any article submitted to Huinink in any medium for any reason with proper credit to the author. For the purposes of these Terms and Conditions, "proper credit" means the author's name and, where possible, a link to the author's Website and/or electronic mail address, when such information has been included in the Submission. The publication of any articles submitted to Huinink is solely at the discretion of Huinink.
No Business Relationship Created by Your Use.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Huinink as a result of your use of this Site.
Territory.
Huinink Infrastructure operates and controls this site from its offices located in the Province of Ontario, Canada. Huinink makes no representation that the content is appropriate or available for use in any other locations. If you choose to access this site from outside of the Province of Ontario, you do so through your own initiative and you are responsible for compliance with local, national and international laws, if and to the extent that such laws are applicable.
Governing Law and Competent Jurisdiction.
Your use of this Site and any downloads from this Site, and the operation of these Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any principles of conflict of laws. All disputes, controversies or claims arising out of or in connection with the Site, including these Terms and Conditions, shall be submitted to and be subject to the jurisdiction of the courts of the Province of Quebec. By accessing and using this Site, you submit and attorn to the exclusive jurisdiction of the courts of the Province of Quebec to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site, including these Terms and Conditions.
Changes to Content.
Huinink reserves the right to delete, modify or supplement any content from the site, in whole or in part, at its sole discretion, at any time, without notice to anyone.
Changes to Terms and Conditions.
Huinink may modify, alter or otherwise update the Terms and Conditions applicable to this site from time to time, without notice, by updating this posting. The date of the last modification will appear at the top hereof. You agree to review the Terms and Conditions each time you access and use this site and to be bound by such Terms and Conditions as are in effect at the time when you access this site. Your access and use of this site constitutes irrefutable proof of your consent to be bound by these Terms and Conditions.
Reserve of Rights.
All rights not expressly granted in these Terms and Conditions are reserved to Huinink. Nothing contained in these Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual right of the Huinink or any other person or entity.
Miscellaneous.
These Terms and Conditions and any other documents referenced herein constitute the entire agreement between Huinink and you with respect to your use of this site. Huinink’s failure to insist upon or enforce strict performance of any of the Terms and Conditions shall not be construed as a waiver of any of such Terms and Conditions. If any of the Terms and Conditions is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. Huinink and you are deemed to have agreed that these Terms and Conditions and all related documents be drafted in English only.