PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND HERE: PRIVACY POLICY, WHICH IN INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
By using this site, you represent and warrant that you are of the legal age of majority under applicable law. If you do not meet this requirement, you must not access or use the site.
1. General. This site is owned and operated by JVL Labs Inc. (hereafter “JVL”). JVL has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site. These Terms of Use apply to all users of JVL’s website. The information and material on this site may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the site is restricted to users or unavailable at any time or for any period.
2. Your Use of the Site.
A. You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the site and all charges related thereto.
B. The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the site. Users are required to ensure that all persons who access the site through their internet connection are aware of and comply with these Terms of Use. All the information you provide on the site must be correct, current, and complete.
C. Your provision of registration information and any submissions you make to the site through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and other such functions constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at Privacy Policy. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the site.
D. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
E. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
3. Restrictions on Use.
A. You shall use the site for lawful purposes only. You shall not post or transmit through the site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violate any law. Without JVL's express prior approval, you shall not post or transmit through the site any material that contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other online information services. Any conduct by you that in JVL's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted. You shall not impersonate or attempt to impersonate JVL, a JVL employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), or give the impression that any statements or content posted by you originate from or are endorsed by JVL or any other person or entity.
B. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States and Canadian copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of JVL and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
C. You shall not upload, post, or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the site, you automatically grant, or warrant that the owner of such material has expressly granted JVL the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access, view, store or reproduce the material for that user's personal use. You grant JVL the right to edit, copy, display, publish and distribute any material made available on the site by you. JVL is not responsible or legally liable to any third party for the content or accuracy of any content submitted by you or any other user of the site.
D. You are prohibited from attempting to circumvent and from violating the security of this site, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting, or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting JVL’s ability to monitor the site; (f) using any robot, spider, or other automatic device, process, or means to access the site for any purpose, including monitoring or copying any of the material on the site; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the site.
E. The foregoing provisions of Section 3 are for the benefit of JVL, its affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. We reserve the right at any time and from time to time, (i) to remove any content posted on the site, (ii) to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, or (iii) to take any other appropriate legal action, in each case in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.
4. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER JVL, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
B. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
C. IN NO EVENT WILL JVL, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL JVL's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT JVL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR ENTIRELY WITH YOU
5. Monitoring. JVL shall have the right, but not the obligation, to monitor the content of the site, to determine compliance with these Terms of Use and any operating rules established by JVL and to satisfy any law, regulation or authorized government request. JVL shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, JVL shall have the right to remove any material that JVL in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
6. Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless JVL and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site.
7. Trademarks. JVL, www.jvl.ca, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of JVL. All rights reserved. All other trademarks appearing on the site are the property of their respective owners. You must not use such trademarks without the prior written permission of their respective owners.
8. No Reliance. The content on the site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the site. Although we make reasonable efforts to update the information on the site, we make no representations, warranties, or guarantees, whether express or implied, that the content on the site is accurate, complete, or up to date. Your use of the site is at your own risk and neither JVL nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the site.
9. Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of JVL. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. JVL neither endorses nor is responsible for the accuracy or reliability of any opinion, advise, or statement made on the site by anyone other than authorized JVL employee spokespersons while acting in their official capacities. For your convenience, the site may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this site. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
10. Changed Terms. JVL has the right at any time to change or modify these Terms of Use applicable to use of the site, or any part thereof, or to impose new conditions. Such changes, modification, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
11. Miscellaneous. These Terms of Use shall be construed in accordance with the laws of Ontario, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any proceeding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
12. Reporting. Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to JVL at webmaster@jvl.ca. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to webmaster@jvl.ca.
