Vancouver Talmud Torah Association
    (“VTT”, “We”, “Us”, and “Our”)
    www.securingthefuture.ca

    Terms and Conditions of Service

     

    1. Acceptance of our Terms

    By accessing or visiting the website, www.securingthefuture.ca (the “Web Site”), or otherwise using any of the services or information created, collected, compiled or submitted to Our Web Site, you unconditionally acknowledge and agree to be bound by all of the following Terms and Conditions of Service (the “Terms”) and our Privacy Policy.[insert hypertext link].

    We reserve the right to modify, add, remove, or otherwise change these Terms from time to time without notice to you. You agree to be bound by all such modifications, additions, revisions or changes. Your access or use of Our Web Site indicates your agreement to be bound by these Terms. If you do not agree with these Terms or our Privacy Policy your only option is not to visit, view, access, or otherwise use the Web Site. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and VTT and that your use of the Web Site indicates your conclusive acceptance of these Terms.

    2. Provision of Content

    You agree and acknowledge that We are entitled to modify, improve or discontinue any of the content on Our Web Site at Our sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it.

    3. Proprietary Rights

    The Web Site is only for your personal, non-commercial use.

    All content and materials contained on or accessed through the Web Site, including, without limitation, text, content, data, information, images, illustrations, audio clips, video clips, and services (collectively, the “Content“) are protected by copyright, trade secret or other proprietary rights or laws and are owned or controlled by VTT or any other party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Web Site. Content from this Web Site may not be copied, downloaded, reproduced, republished, uploaded, transmitted, posted, distributed or otherwise made available in any way without the prior written consent of a member of the senior management of VTT, or except as specifically permitted by these Terms noted on this Web Site. Modification of any Content or use of any Content for any purpose other than for your own personal, non-commercial, or home use is a violation of copyrights and other intellectual property rights. Other than as expressly permitted in these Terms, the use of any Content may not be transmitted, transcribed, reproduced, stored or translated into any other form or stored in any information retrieval system or on any other World Wide Web site or networked computer.

    In the normal course of accessing and using the Web Site, you may download and copy the Content for personal, non-commercial use only, provided that (a) you maintain all copyright and other proprietary notices which may be contained in or accompany such Content, (b) do not use any Content in an unlawful manner, or (c) do not use any Content in a manner suggesting an association with or endorsement by Us.

    Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without the prior written consent of a member of the senior management of the VTT or the copyright holder identified in the individual Content’s copyright notice.

    You will not transmit, distribute, publicly display, publicly perform, publish, edit, adapt, compile, reverse engineer, disassemble or create derivative works from any Content (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories).

    You acknowledge and agree that We may, in our sole discretion, at any time and with or without notice, block or terminate your or any other party’s access to all or part of the Web Site or any Content, or change, suspend, or discontinue any aspect or feature of the Web Site or any Content (including, without limitation, discontinuing the Web Site in its  entirety.

    Nothing in these Terms will have the effect of transferring the ownership of any copyrights, trademarks, or other proprietary rights in the Web Site or Content or any part thereof to you or any third party nor to authorize you to create any derivative work based on the Content. You agree not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

    4. Disclaimer of Warranties

    YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND CONTENT THEREON ARE AT YOUR OWN RISK, AND ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OR CONDITION TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. VTT HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND DUTIES OF ANY KIND (IF ANY), WHETHER EXPRESS, IMPLIED, OR STATUTORY WITH REGARD TO THE WEB SITE OR ANY CONTENT INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF AVAILABILITY OR COMPATIBILITY, OF WORKMANLIKE EFFORT OR OF NON-NEGLIGENT PERFORMANCE. WE DO NOT WARRANT OR REPRESENT THAT THE WEB SITE OR ANY CONTENT WILL BE ACCURATE, RELIABLE, CORRECT, USEFUL, TIMELY, UNINTERRUPTED, SECURE, DEFECT-FREE OR ERROR-FREE (INCLUDING, WITHOUT LIMITATION, FREE FROM VIRUSES, WORMS, TROJANS, OTHER MALICIOUS CODE OR OTHER HARMFUL COMPONENTS).

    5. Limitation of Liability

    Independent of, severable from and to be enforced independently of any other enforceable or unenforceable provision of these Terms of service, IN NO EVENT WILL the aggregate liability of VTT, its directors, officers, employees, agents, representatives, or volunteers to you (including liability to person or persons whose claim or claims are based on or derived from a right or rights claimed by you), with respect to any and all Claims at any and all times arising from or related to (I) the access to or USE OF THE WEB SITE, (II) any unauthorized access to or use of VTT’s servers, (III) any interruption or cessation of transmission to or from the web site, (iv) any MALWARE which may be transmitted via the web site, or (v) any errors or omissions in any content made available via the web site, whether in contract, tort (INCLUDING NEGLIGENCE OR BREACH OF ANY DUTY), strict liability, statutory liability or otherwise exceed $1.00. In no event will VTT, its directors, officers, employees, agents, representatives, or volunteers be liable to you for any consequential, indirect, special, PUNITIVE, EXEMPLARY or incidental damages, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT AND EVEN IF VTT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES WILL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW regardless of the success or effectiveness of other remedies.

    6. External Content

    The Web Site may contain links or pointers to other web sites or resources on the Internet. Such links or pointers maintained by third parties do not constitute an endorsement by Us of any third party resources or their contents. We do not endorse or represent the accuracy or reliability of any advice, opinion, statement or other information displayed or accessed by or through such web sites or Internet resources. Your reliance upon any such third party opinion, advice, statement, or information is at your sole risk.

    7. Governing Law

    These Terms will be governed by and interpreted in accordance with the laws (procedural and substantive) of the Province of British Columbia and Canada as if made and performed by and between parties situate in such province and without regard to any conflict of laws doctrine.

    8. Termination

    These Terms are effective until terminated by either You or Us. You may terminate these Terms at any time by discontinuing access to or use of the Web Site and destroying all materials, if any, obtained from the Web Site, whether made under these Terms or otherwise. We may immediately terminate these Terms with respect to you (including your access to the Web Site) in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these Terms. Upon termination, you must cease use of the Web Site and destroy all materials, if any, obtained from the Web Site.

    9. Invalidity

    Each provision of these Terms is declared to be separate distinct and to be separable from all other such separate and distinct provisions. If any provision or part thereof is determined by a court of competent jurisdiction or other constituted legal authority to be void, unenforceable or unreasonable in whole or in part, it will not be deemed to affect or impair the enforceability or validity of any other provision in these Terms or any part thereof and the said court or other constituted legal authority will have the authority to limit such provision as it deems proper to most closely match the intent of the original provision and the remainder of the provisions of these Terms will continue in full force and effect.

    Last Updated: March 23, 2012.

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