Notice: The National Service Dogs logo as well as the image of the black labrador-retriever wearing the purple-coloured vest while laying on the ground surrounded by fall leaves, which images are used throughout this web site, are © Copyright National Service Dogs. Used with permission. Full copyright terms for this web site are set forth below.
Last Update: March 16, 2013.
PLEASE READ THE FOLLOWING TERM OF USE CAREFULLY BEFORE USING THE SITE
1. ACCEPTANCE OF TERMS
You represent and warrant to the operator of the Site (the “Operator”) that your use of the Site will not violate any applicable law or regulation in the province, state, territory or country in which you reside. If you are unable or unwilling to do so, stop using the Site.
2. USE OF SITE
You may use the Site for your own personal, non-commercial use. No other uses are permitted or authorized.
3. CONTENT/COPYRIGHT NOTICE
Under these Terms, “Content” means all information, links, emails, postings, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials accessible on or via the Site.
The Operator will use reasonable efforts to verify the accuracy of any Content that is posted to the Site, but the Operator does not guarantee the accuracy, integrity or quality of the Content that the Operator posts to the Site. Before using or relying on any Content, you should take reasonable steps to verify its accuracy, completeness or usefulness: you are using it at your own risk.
You may make and retain a single copy (printed or electronic) of the Content (or any portion thereof) for the following purposes and provided that your copies include all of the marks, logos or other legends that appear as part of the Content or on the related screens when the Content is displayed: (i) your personal, non-commercial use or records. You may not make or retain any other copies of the Content or use the Content for any other purpose. You may not modify, publish, display, transmit, adapt or in any way exploit any item of Content, without the express prior permission of the Operator. Otherwise, all rights in and to any item of Content are reserved by the Operator and his suppliers.
You agree not to use any crawler, spider, bot or other program to extract (in whole or in part) any Content accessible on or via the Site without the Operator’s express permission to do so.
4. LINKS TO THIRD PARTY WEB SITES
The Operator may provide via the Site, or third parties may provide via the Site, links to resources not forming part of the Site. The Operator has no control over such resources. You acknowledge and agree that the Operator is not responsible for the availability of such external resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such resources. You further acknowledge and agree that the Operator will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such resource.
Your correspondence or business dealings with, or participation in promotions of, third parties accessible on or via the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that the Operator will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of any third parties on or accessible through the Site.
THE SITE INCLUDING ANY CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE PRECEDING SENTENCE, THE OPERATOR SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS WITH RESPECT TO THE SITE, CONTENT OR OTHERWISE ARISING FROM THE TERMS INCLUDING, BUT NOT LIMITED TO: (i) ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS; AND (ii) ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the preceding paragraph, the Operator does not warrant that the Site or any Content: (i) will be available at all times; (ii) will operate without errors; (iii) will be accessible regardless of the hardware or software that you wish to employ to access it; (iv) is absolutely secure, notwithstanding the Operator’s use of commercially reasonable efforts to secure it; or (v) is free from viruses or other harmful code, notwithstanding the Operator’s use of commercially reasonable efforts to identify and eliminate such code.
All exclusions of responsibility or liability set out in these Terms are made to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on how long an implied warranty may last. If any jurisdiction having applicability to the Terms does not permit any such exclusion or limitation, the Operator’s total liability to you in connection with any breach of such a warranty will be subject to section 6 entitled “LIMITATION OF LIABILITY”.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL THE OPERATOR, HIS REPRESENTATIVES OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE SITE, ANY CONTENT OR THE TERMS, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU OR ANY OTHER PERSON.
IN NO EVENT WILL THE OPERATOR BE LIABLE TO YOU OR ANY PERSON WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE.
WITHOUT LIMITING SECTIONS THE PRECEDING TWO PARAGRAPHS, THE LIMIT ON THE TOTAL CUMULATIVE LIABILITY OF THE OPERATOR (INCLUDING HIS REPRESENTATIVES AND SUPPLIERS) TO YOU OR ANY PERSON, FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SITE, ANY CONTENT OR THE TERMS, WILL NOT EXCEED $20.00.
The limitations set out in the preceding three paragraphs will apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence or other tort, and will survive a fundamental breach or failure of essential purpose of any limited remedy or the Terms.
Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to the Terms does not permit any such exclusion or limitation, the Operator’s total liability to you in connection with any incidental, special or consequential damages will be limited by the third paragraph of this section.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising from or relating to the Site, any Content or the Terms must be filed within one year after such claim or cause of action arises or it will be permanently barred.
You agree to indemnify the Operator (and his representatives and suppliers) and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from or relating to your use or misuse of the Site or any Content, or from any breach by you of any of the Terms.
8. INTELLECTUAL PROPERTY INFRINGEMENT
It is the Operator’s policy to investigate and respond to claims of intellectual property infringement.
Notices of claimed infringement should be sent to the Operator at the following email address: firstname.lastname@example.org.
Please put “Notice of Infringement” in the subject line of all such notifications and include in each such notice a reasonably detailed description of the materials alleged to be infringing and the proprietary rights alleged to be infringed.
All trade-marks that appear throughout the Site belong to either the Operator or the owners of such marks, and are protected by United States, Canadian and international trade-mark and other laws. Any use of any of the marks appearing throughout the Site without the express written consent of the applicable owner of the mark is strictly prohibited.
9. TERM AND TERMINATION
The Terms will continue in effect for as long as you use the Site, unless specifically terminated earlier by the Operator or you.
Upon the termination of the Terms, you will: (i) stop using the Site; and (ii) destroy any Content in your possession.
Those sections which by their nature should survive the termination or expiration of the Terms will survive termination or expiration, including but not limited to: the second paragraph of section 2 (USE OF SITE), section 3 (CONTENT/COPYRIGHT NOTICE) with the exception of the third paragraph, section 4 (LINKS TO THIRD PARTY WEB SITES), section 5 (WARRANTIES), section 6 (LIMITATION OF LIABILITY), section 7 (INDEMNITY), section 8 (INTELLECTUAL PROPERTY INFRINGEMENT), this paragraph and the preceding paragraph of section 9 (TERM AND TERMINATION) and section 10 (GENERAL TERMS AND CONDITIONS).
10. GENERAL TERMS AND CONDITIONS
The Terms (and each document incorporated by reference in the Terms) constitute the complete and exclusive agreement between you and the Operator with respect to their subject matter, and supersede and replace any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding your use of the Site.
No provision of the Terms will be deemed to be waived by reason of any previous failure to enforce it. No provision of the Terms may be waived except in a writing signed by the party waiving enforcement.
Should any provision of the Terms be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.
The Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to the conflict of laws provisions. You agree to submit to the jurisdiction of the courts of the Province of Ontario for the conduct of any legal proceedings under, or related to, the Terms.
The Operator will not be liable for any failure or delay in his performance under the Terms due to any cause beyond his reasonable control.
The Operator may assign the Terms, in whole or in part, at any time with or without notice to you. You may not resell, assign, sublicense or otherwise transfer your rights or delegate your duties under the Terms, either in whole or in part, without the prior written consent of the Operator.
Any notice or other significant communication given to you pursuant to the Terms will be in writing, addressed to you at either the email address or mailing address that the Operator has on record for you. The notice will be sent by email or by nationally recognized overnight courier, and it will be deemed to have been received one business day following the date on which it is sent.
Any notice or other significant communication given to the Operator pursuant to the Terms will be in writing, addressed to the Operator at the street address then listed on the Site in the Contact section. If the notice is sent by nationally recognized overnight courier, it will be deemed to have been received one business day following the date on which it is sent.
The headings used in the Terms are for convenience of reference only. No provision of the Terms will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout the Terms, the term “including” or the phrases “e.g.,” or “for example” have been used to mean “including, without limitation”.
11. VIOLATION OF THE TERMS
If the Operator believes that you have breached the Terms, the Operator reserves the right, in his sole discretion, to restrict, suspend or terminate your access to all or any part of any or all of the Site and terminate any licenses granted to you pursuant to the Terms without prior notice and without any liability to the Operator.
Should you breach the Terms or any other rights of the Operator, the Operator reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, restricting, suspending or terminating your access to all or any part of the Site.
If you are aware of any violations of the Terms, please report them to the Operator at the following email address: email@example.com.
12. CHANGES TO THE TERMS
The Operator may change the Terms from time to time and at any time. When the Operator changes the Terms, the Operator will: (i) post the updated version of the Terms on the Site together with the date on which they were revised; and (ii) on the home page for the Site for at least four weeks following any change to the Terms post a notice that the Terms have been updated.
As well, the Operator may, but is not obliged to, ask you to actively confirm your consent to the revised Terms. If the Operator does not do so, but you continue to use the Site after the changes come into effect, you will be deemed to have agreed to abide by the revised Terms. If you do not agree with the revised Terms without qualification, stop using the Site.
The Operator reserves the right, in his sole discretion, to change or modify the Site from time to time including adding or removing functionality or features or changing its name.