| Terms of Use |
 |
 |
 |
|
A DIVISION OF CANGLOBAL MEDIA, S.P.(C) This site is solely owned and operated by CanGlobal Media, S.P. This site is governed under the Journalistic control of its writers, and other assigns, as described in this document below. TheConsumR.com, refers to legal name "CanGlobal Media." Terms of Use Acceptance of Terms of Use. IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. CanGlobal Media (“TheConsumR.com”) owns and operates this Web, located at http://theconsumr.com (the Web site). This Terms of Use Agreement (this Agreement) states the terms and conditions under which you may access and use the Web site. By accessing and using the Web site you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Web site. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF CANGLOBAL "THECONSUMR.COM" OPERATING WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. CanGlobal Media may revise this Agreement at any time by updating this posting. Use of the Web site after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement. Ownership. All materials displayed or otherwise accessible through the Web site, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the Content) are protected under Canadian and foreign copyright or other laws, and are owned by CanGlobal Media its licensors or the party accredited as the provider of the Content. In addition, the Web site is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Web site. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF CANGLOBAL MEDIA. Trademarks. THECONSUMR.COM, Because it’s already been reviewed., CanGlobal Media, GreenTech, The Green Tech Logo (Green R with overlayed green checkmark, with solarizes background) etc. are official marks or trademarks of the CanGlobal Media. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Web site may constitute registered or unregistered trademarks of CanGlobal Media or third parties. While certain trademarks of third parties may be used by TheConsumR.com under license, the display of third-party trademarks on the Web site should not be taken to imply any relationship or license between CanGlobal Media and the owner of said trademark or to imply that TheConsumR.com endorses the wares, services or business of the owner of said trademark. Nothing contained on the Web site should be construed as granting you any license or right to use any trademark logo or design of TheConsumR.com or any third party, without the written permission of CanGlobal Media or the respective owner of any third-party trademark. DISCLAIMER OF WARRANTIES. THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. CANGLOBAL MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEB SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL BE CORRECTED; (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED. LIMITATION OF LIABILITY. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL CANGLOBAL MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF CANGLOBAL MEDIA OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CANGLOBAL MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE CANADIAN DOLLAR (C$1)EVEN IF CANGLOBAL MEDIA HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CANGLOBAL MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF CANGLOBAL MEDIA OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION. CANGLOBAL MEDIA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEB SITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL CANGLOBAL MEDIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED TO OR FROM THE WEB SITE. IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU HEREBY RELEASE CANGLOBAL MEDIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEB SITE OR BY THIRD PARTIES THROUGH THE WEB SITE. LIABILITY DISCUSSED IN THIS TERM, EXPIRES AFTER ONE SUCCESSFUL CLAIM. FUTURE CLAIMS OR DAMAGES SOUGHT AFTER TO THE EXECUTION OF THIS AGREEMENT, ARE/BECOME NO LONGER ELIGIBLE FOR COMPENSATION. THE ABILITY FOR THE INDIVIDUAL TO CLAIM ANY PORTION OF THIS AGREEMENT AFTER EXECUATION OF THIS AGREEMENT ONCE, EXPIRES THEREAFTER. AS DO USE RIGHTS OF THIS SITE AND ALL SERVICES. No Advice. The information contained on the Web site is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice. Linking. The Web site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by CanGlobal Media of the contents of such third-party web sites. CanGlobal Media is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or (iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components. While CanGlobal Media encourages links to the Web site, it does not wish to be linked to or from any third-party web site which: (i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of CanGlobal Media or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. CanGlobal Media reserves the right to prohibit or refuse to accept any link to the Web site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Web site upon the request of CanGlobal Media. Software Licenses and Ownership. All software embedded in or located on or at the Web site, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by CanGlobal Media, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Web site, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software. If the Web site provides Software for download, unless otherwise provided, you are hereby granted, subject (i) to the terms of this Agreement and (ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law. Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, licence, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so. Nothing contained in the Web site shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Web site or made available for download from the Web site, including, but not limited, to any intellectual property rights in the Software. All Software embedded or integrated into the Web site is provided As Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data. Submissions. The Web site may provide features that allow you to post messages and content, to interact with TheConsumR.com and other users and to upload files, documents or other materials (collectively, Submissions). When using any of the features of the Web site which allow you to post, upload or make Submissions, it is a condition of your use of the Web site that you observe the rules of netiquette and that you do not: (i) restrict or inhibit any other user from using and enjoying the Web site, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of CanGlobal Media imposes an unreasonable or disproportionately large load on the TheConsumR.com website infrastructure; (ii) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (iii) post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (iv) post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; (v) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vi) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; (vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or (viii) use the Web site for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes. By posting or uploading Submissions to the Web site, you grant CanGlobal Media a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Submission in favour of CanGlobal Media; (ii) consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that CanGlobal Media is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on the Web site will be considered non-confidential. CanGlobal Media may review Submissions before they are posted. CanGlobal Media may refuse to post any Submission to the Web site. CanGlobal Media reserves the right, in its sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions hereof or otherwise objectionable. You acknowledge and agree that CanGlobal Media may, in its sole discretion, monitor the Web site periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Web site properly or to protect itself or other users of the Web site. Any such disclosure shall be in accordance with CanGlobal Media‘s Privacy Policy. CanGlobal Media is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of CanGlobal Media. While CanGlobal Media is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Web site and terminating the submitting party's right to access and use the Web site (or any portion thereof). RSS.- The agreement and terms of use of XML/RSS feeds are effective on March 20, 2007. They’re subject to review and change without notice in accordance of the terms and conditions of this agreement. Acceptance of Terms of Use IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. CanGlobal Media owns and operates these RSS/XML feeds (individually and collectively designated the “TheConsumR.com Feed”) you have specifically selected. This Terms of Use Agreement (this “Agreement”) states the terms and conditions under which you may access and use the TheConsumR.com Feed. By accessing and using the TheConsumR.com Feed you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the TheConsumR.com Feed. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE CANGLOBAL MEDIA OPERATING THIS FEED, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. CanGlobal Media may revise this Agreement at any time by updating this posting. Use of the TheConsumR.com Feed after such changes are posted will signify your agreement to these revised terms. You should visit this posting periodically to review this Agreement. Ownership This TheConsumR.com Feed and all materials displayed or otherwise accessible through the TheConsumR.com Feed, including, without limitation, headlines, links, other source identifiers, articles, text, trademarks, computer software and code (individually or collectively, the “TheConsumR.com Feed Content”) are protected under Canadian and foreign copyright or other laws, and are owned by CanGlobal Media, its licensors or the party accredited as the provider of the TheConsumR.com Feed Content. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the TheConsumR.com Feed Content accessed through the TheConsumR.com Feed. Without limiting the generality of the foregoing, you acknowledge and agree that the TheConsumR.com Feed and Feed Content may not be used or reproduced except as provided herein without the consent of by CanGlobal Media. License Subject to the restrictions, warranties and undertakings herein, CanGlobal Media grants you a non-exclusive, non-transferable, non-assignable and revocable license authorizing you to reproduce and download the TheConsumR.com Feed and Feed Content on your personal computer/website under the exclusive title of " TheConsumR.com Feeds", for the English version. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE FEED OR OF ANY CBC FEED CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF CANGLOBAL MEDIA. WITHOUT LIMITING THE GENERALITY OF THE RESTRICTIONS ABOVE, YOU SHALL NOT PROVIDE ACCESS TO THE THECONSUMR.COM FEED OR FEED CONTENT FROM ANY MOBILE WIRELESS SERVICES OR ANY INTERACTIVE TELEVISION SERVICE. Journalistic control . CanGlobal Media has full journalistic control over the TheConsumR.com Feed and Feed Content ; this includes the exclusive right to amend, correct, withdraw or drop the TheConsumR.com Feed and Feed Content incorporated in your website and you undertake to amend, correct, withdraw or drop the TheConsumR.com Feed and Feed Content in accordance with CanGlobal Media’s decisions in its sole discretion. Furthermore, you undertake to display the TheConsumR.com Feed and Feed Content as they are provided by CanGlobal Media, without altering them in any way, or changing their order of presentation, unless TheConsumR.com expressly indicates you should do so or if you receive the written authorization of CanGlobal Media. You undertake not to combine content from other sources with the TheConsumR.com Feed and Feed Content. You also undertake to clearly indicate that the TheConsumR.com Feed and Feed Content has been produced by TheConsumR.com and display a CanGlobal Media copyright notice at all times and under all circumstances. You may not archive the TheConsumR.com Feed and Feed Content. You will not edit, alter or in any way manipulate the TheConsumR.com Feed and Feed Content nor shall you allow its reproduction by anyone. You will not distribute the TheConsumR.com Feed and Feed Content in any way or allow its distribution or redistribution in any manner or form by anyone. Integrity . You undertake to respect the integrity of the TheConsumR.com Feed and Feed Content and TheConsumR.com (CanGlobal Media) trademarks. Furthermore, you undertake not to place the TheConsumR.com Feed and Feed Content in a context which would alter its meaning and such TheConsumR.com Feed and Feed Content must be clearly separate from any other content not provided by CanGlobal Media. Hyperlinks . Each TheConsumR.com Feed and Feed Content reproduced on your website already includes a clickable hyperlink to the complete news item on the TheConsumR.com website, which hyperlink must be used “as is” and may not be removed under any circumstances. You acknowledge that the TheConsumR.com Feed must link and redirect to the appropriate TheConsumR.com website and page when a user clicks on the TheConsumR.com Feed Content (e.g. a headline). You shall not display the TheConsumR.com Feed Content in such a manner that does not allow for successful linking and redirection to, and delivery of the appropriate TheConsumR.com website and page, nor may you frame any TheConsumR.com Web page. Each TheConsumR.com Feed is headed by the TheConsumR.com logo, for the English version, and by the TheConsumR.com logo, for the French version. Framing . You undertake not to frame either the TheConsumR.com Feed or Feed Content. Guarantees . You represent and warrant that: 1. you are an individual and over 18 years of age; 2. you will use the TheConsumR.com Feed and Feed Content exclusively for your own personal, private and non-commercial use, for consultation only and only as authorized hereunder 3. you are entitled to conclude this Agreement; 4. you will not do any promotion or advertising involving TheConsumR.com, the TheConsumR.com Feed or Feed Content without the prior written authorization of TheConsumR.com; 5. you will not remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line or other mark or source identifier included on the TheConsumR.com Feed and Feed Content, including without limitation, the size, colour, location or style of TheConsumR.com ‘s trade mark . Trade marks . All trade marks contained on or displayed through the TheConsumR.com Feed are official marks or trade marks of the Canadian Broadcasting Corporation. Nothing contained on or displayed through the TheConsumR.com Feed or accessible through the TheConsumR.com Feed should be construed as granting you any license or right to use any trade mark, logo or design of TheConsumR.com or any third party, without the written permission of TheConsumR.com or the respective owner of any third-party trade mark. DISCLAIMER OF WARRANTIES . THE THECONSUMR.COM FEED AND ALL THECONSUMR.COM FEED CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE THECONSUMR.COM FEED YOU ACKNOWLEDGE AND AGREE THAT USE OF THE THECONSUMR.COM FEED AND THE THECONSUMR.COM FEED CONTENT IS ENTIRELY AT YOUR OWN RISK. THECONSUMR.COM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE THECONSUMR.COM FEED AND THE FEED CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE THECONSUMR.COM FEED AND/OR THECONSUMR.COM FEED CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY THECONSUMR.COM FEED CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE THECONSUMR.COM FEED WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE THECONSUMR.COM FEED WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE THECONSUMR.COM FEED WILL BE CORRECTED; (V) THAT THE THECONSUMR.COM FEED WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE THECONSUMR.COM FEED WILL BE SECURE OR NOT INTERCEPTED. LIMITATION OF LIABILITY . SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THECONSUMR.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF THECONSUMR.COM KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THECONSUMR.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EVEN IF TheConsumR.com HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THECONSUMR.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS ASSUME ANY LIABILITY FOR YOUR ACTIVITY IN CONNECTION WITH THE FEED AND FEED CONTENT. THECONSUMR.COM EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE FEED OR ANY ADVERTISER OR SPONSOR OF THE THECONSUMR.COM FEED, AS THE CASE MAY BE, (INDIVIDUALLY OR COLLECTIVELY “THIRD-PARTY USER”). UNDER NO CIRCUMSTANCES SHALL THECONSUMR.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, THECONSUMR.COM FEED CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY FEED LINKED TO OR FROM THE THECONSUMR.COM FEED. No Advice The information contained on the TheConsumR.com Feed is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice. Netiquette and Linking When using any of the features of the TheConsumR.com Feed, it is a condition of your use of the TheConsumR.com Feed that you observe the rules of netiquette and that you do not: (a) restrict or inhibit any other user from using and enjoying the TheConsumR.com Feed, interfere or attempt to interfere with the proper workings of the TheConsumR.com Feed in the sole discretion of TheConsumR.com; (b) post or transmit in connection with the TheConsumR.com Feed and that TheConsumR.com not be linked to or from, or associated with, (i) any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent material of any kind or material which may be damaging or detrimental to the activities, operations, credibility or integrity of TheConsumR.com, (ii) any material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights or other proprietary rights, (iii) any material which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons, (iv) any material which solicits passwords or personal identifying information for commercial or unlawful purposes from other users, contains a virus or other harmful component, or provides or creates computer viruses, constitutes junk mail, chain letters, unsolicited mass mailing or spam; (c) use the TheConsumR.com Feed for commercial purposes, including, without limitation, posting, uploading or transmitting any submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes. TheConsumR.com reserves the right to prohibit or refuse to accept any link to the TheConsumR.com Feed and/or Feed Content, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the TheConsumR.com Feed and/or Feed Content upon the request of TheConsumR.com. You acknowledge and agree that TheConsumR.com may, in its sole discretion, monitor the Feed periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the TheConsumR.com Feed properly or to protect itself or other users of the TheConsumR.com Feed. Any such disclosure shall be in accordance with TheConsumR.com Privacy Policy. YOU WILL NOT ATTEMPT TO HIDE YOUR IDENTITY, REPRESENT YOURSELF AS SOMEONE ELSE, COMPROMISE OR ATTEMPT TO COMPROMISE THE SECURITY OF ANY ACCOUNT. IF YOU USE, OR ATTEMPT TO USE, ANY CBC FEED OR FEED CONTENT BEYOND THE SCOPE OF THE LICENSE GRANTED IN THIS AGREEMENT, OR BEYOND THE SCOPE EXPRESSLY GRANTED BY TheConsumR.com , OR ATTEMPT TO, TAMPER, HACK, SPOOF, USE ROBOTS OR SCRIPTS, COPY, DISTRIBUTE, STORE, MODIFY, OR OTHERWISE CORRUPT THE ADMINISTRATION, SECURITY, OR PROPER FUNCTION OF ANY PART OF THE FEED OR FEED CONTENT, THEN, IN ADDITION TO TERMINATION OF THIS AGREEMENT, YOU MAY BE SUBJECT TO APPROPRIATE LEGAL AND EQUITABLE ACTION. Indemnity You agree to indemnify, defend and hold harmless TheConsumR.com and its officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from: (i) your breach of any of the terms and conditions of this Agreement; (ii) your access, use or inability to access or use the TheConsumR.com Feed or any TheConsumR.com Feed Content or other RSS Feed to which the TheConsumR.com Feed is or may be linked to from time to time; (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the TheConsumR.com Feed; and/or (iv) your violation of any law or regulation. Security Please note that information sent or received over the Internet is generally not secure and TheConsumR.com cannot and does not make any representation or warranty concerning security of any communication to or from the TheConsumR.com Feed or any representation or warranty regarding the interception by third parties of personal or other information. Termination TheConsumR.com may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the TheConsumR.com Feed and Feed Content (or any portion thereof). TheConsumR.com may also terminate your right to access and use the TheConsumR.com Feed, or any part of the TheConsumR.com Feed, if you breach any term or condition of this Agreement. WITHOUT LIMITING THE GENRALITY OF THE FOREGOING, ANY FRAUDULENT, ABUSIVE, OR OTHERWISE ILLEGAL ACTIVITY WILL BE GROUNDS FOR TERMINATION OF THIS AGREEMENT. Obligation on expiry or termination . Upon expiry or termination of this Agreement, you shall immediately remove from your website or computer any TheConsumR.com Feed and Feed Content, hyperlinks or any other mention of TheConsumR.com. Governing Law and Jurisdiction The TheConsumR.com Feed is controlled by TheConsumR.com from its offices within the Province of Ontario, Canada. By accessing or using the TheConsumR.com Feed, you agree that this Agreement, all matters relating to your access to, or use of, the TheConsumR.com Feed and/or the TheConsumR.com Feed Content shall be exclusively governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. This Agreement will be deemed to have been performed in the Province of Ontario and you agree and hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario sitting in and for the judicial district of Toronto and of the Federal Court of Canada with respect to such matters and you waive any objection to venue or any claim of inconvenient forum. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. General Any consent by TheConsumR.com to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties, and you sh all not assume the function of agent for TheConsumR.com, or make statements or contract obligations on behalf of TheConsumR.com. Except for any agreements with TheConsumR.com that expressly reference this Agreement, this is the entire agreement between you and TheConsumR.com relating to the matters contained herein. Online Commerce. The Web site may allow you to purchase many different types of products and services online that are provided by TheConsumR.com (the Wares and Services). When ordering Wares and Services on the Web site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address, as well as any other information requested. Your receipt of an electronic form or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Your submission of an order to us shall be deemed to constitute an offer to purchase, which shall remain open for a reasonable time, unless we agree otherwise, and will be deemed to be accepted by us only upon shipment of the Wares and Services. TheConsumR.com, in its sole discretion, reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. TheConsumR.com, in its sole discretion, reserves the right at any time after receipt of your order, to accept or decline your order for any reason. You acknowledge and agree that the price of the Wares and Services is subject to change without notice and that the Wares and Services are subject to availability. The sale of the Wares and Services is void where prohibited by law. TheConsumR.com, in its sole discretion, shall have the right, at any time after receipt of your order, to decline your order for any reason. In the event that the Wares and Services are listed at an incorrect price, due to a typographical error or an error in pricing information, TheConsumR.com, in its sole discretion, shall have the right at any time after receipt of your order, to decline your order. The Web site may allow you to purchase many different types of products and services online that are provided by third parties (the Third-Party Merchandise). TheConsumR.com is not responsible for the legality, quality, accuracy, timeliness, reliability or any other aspect of any Third-Party Merchandise. If you make a purchase from a third-party web hosted by the Web site or linked from the Web site, the information obtained during your visit to any third-party web site and the information that you give, such as your credit card number and contact information, is collected by the third-party web site and not byTheConsumR.com. You release TheConsumR.com and its officers, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of the Wares and Services or Third-Party Merchandise made available on the Web site or by third-party web sites through the Web site. Notice and Procedure for Making Claims of Copyright Infringement. NOTICE: As general policy we do not respond to United States Digital Media Copyright Act Takedown Notices. Any such notice provisioned to jurisdictions within Canada, must be amended to ensure clarification. All notices must be provided in both English/French and be delivered using priority courier (FedEx or Purolator.) It is the policy of CanGlobal Media to respond to claims of intellectual property infringement. CanGlobal Media will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent to \n This e-mail address is being protected from spambots. You need JavaScript enabled to view it and/or the designated address assigned by the addressee above. This email address is being protected from spam bots, you need Javascript enabled to view it To be effective, the notification of infringement must be a written communication that includes the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law and; 6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All allegations of copyright infringement that are proven “effective,” will be fully investigated by CanGlobal Media. At our discretion, CanGlobal Media will review corrective procedures to act with due diligence. CanGlobal Media does not warrant that such procedures will immediately be effective and are subject to change, review or modification at any time. Indemnity. You agree to indemnify, defend and hold harmless CanGlobal Media and its officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from: (i) your breach of any of the terms and conditions of this Agreement; (ii) your access, use or inability to access or use the Web site or any Web site to which the Web site is or may be linked to from time to time; (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the Web site; and/or (iv) your violation of any law or regulation. Registration. To use certain features of the Web site, you may be asked to register with the Web site. You agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If TheConsumR.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TheConsumR.com has the right to suspend or terminate your access to and use of the Web site (or any portion thereof). TheConsumR.com 's use of any personally identifying information you provide as part of the registration process is governed by the terms of TheConsumR.com ‘s Privacy Policy. Passwords. To use certain features of the Web site, you may also need a username and password, which you will receive through the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify TheConsumR.com immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. TheConsumR.com cannot and will not be liable for any loss or damage arising from TheConsumR.com’s failure or your failure to protect your password or account information. Security. Please note that information sent or received over the Internet is generally unsecure and TheConsumR.com cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information. Termination. TheConsumR.com may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Web site, (or any portion thereof). TheConsumR.com may also terminate your right to access and use the Web site, or any part of the Web site, if you breach any term or condition of this Agreement. Governing Law and Jurisdiction. The Web site (excluding linked Web sites) is controlled by CanGlobal Media from its offices within the Province of Ontario, Canada. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. General. Any consent by TheConsumR.com to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with TheConsumR.com that expressly reference this Agreement, this is the entire agreement between you and TheConsumR.com relating to the matters contained herein. Adapted by CanGlobal Media from CBC/ Radio Canada. We prohibit the misuse of this document and the publication outside of TheConsumR.com. 01 2008, CanGlobal Media (TheConsumR.com). All rights reserved. Original design concept of this site created by: Styleshout |