"Flynn Canada Ltd."
Reference anywhere on this website ("Site") to "Flynn" means, as the specific context may require, either Flynn Canada Ltd. and all, or one or more, of its affiliated companies, subsidiaries, divisions or branches.
a. Your access to this site is subject to the legally binding terms and conditions which are set out in this Agreement. Please read these terms and conditions carefully before using this site. This Agreement contains, among other legally binding provisions, disclaimers or representations and warranties as well as exclusions and limitations of liability.
b. By accessing and using this site, you indicate that you accept these terms and conditions and agree without limitation or qualification to be bound by them.
c. If you do not agree to these terms and conditions, do not access or use this site.
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 Flynn for informational purposes only. Flynn intends the Content on the Site to be accurate and current. Nevertheless, since the Content has been compiled by Flynn 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.
Flynn 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 the merchantability, operation, non-infringement, title usefulness, completeness, accuracy, adequacy, currency, reliability or fitness for any particular purpose. Without limited the generality of the foregoing, Flynn does not give or make any express or implied warranties, representations, or conditions, guarantees or endorsements to the effect that the site will operation error-free or that this site and its service are free of computer viruses or other harmful mechanisms; or that any such problems that are discovered with be corrected. If your use of the site results in the need for servicing or the replacement of equipment or data, Flynn is not responsible for such costs.
Links and Third Party Content
Links available on the Site (the "Links") will allow you to link to websites not maintained or controlled by Flynn, including sites of Flynn’s affiliated companies. Flynn provides these links for your convenience, and is not responsible for the contents of any linked site. Using such Links is at your own risk. Flynn cannot and does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for any particular purpose of any information available through the Links, and makes no representation or endorsement whatsoever about any other website, which you may choose to access through the Site. Although Flynn uses all reasonable efforts to ensure that all software provided on this Site is suitable for use on a wide variety of computer systems, it is your responsibility to take all reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of any such software with your specific computer system.
Exclusion of Liabilities
In no event shall Flynn, its directors, officers, employees, agents or representative 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 website 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.
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 Flynn 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 this Content on this site;
(i) in any manner that would constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;
(ii) which is protected by copyright, any other intellectual property right without obtaining the prior written permission of the holder of the right;
(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 Flynn’s sole discretion, Flynn may terminate or refuse to permit the use of this Site by any person or entity, for any reason and without notice. Flynn 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.
Flynn 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 this, Flynn prohibits the redistribution or copying of any Content on this Site without its express written permission. Flynn 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.
The trademarks, logos and service marks displayed on the Site (collectively the "Trade-marks") are registered and unregistered trade-marks of Flynn Canada Ltd. and of others. Nothing contained on the Site shall be construed as granting any license or right to use any Trade-mark without the express prior written permission of Flynn Canada Ltd. or such third party as may own any Trade-mark.
You agree at all times to defend, indemnify and hold harmless Flynn 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 any of them 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.
Links available on the Site (the "Links") will allow users to link to websites not maintained or controlled by Flynn. Flynn provides these Links for the convenience of users, and is not responsible for the contents of any linked site. Using such Links is at your risk.
Changes to Terms and Conditions
Flynn may modify, alter or otherwise update the terms of this Agreement 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 of this Agreement each time you access and use the Site and to be bound by such terms and conditions as are in effect at the time when you access the Site. Your access and use of the Site constitutes irrefutable proof of your consent to be bound by these terms and conditions.
These terms and conditions and any other documents referenced herein constitute the entire agreement between Flynn and you with respect to your use of this Site. Flynn'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. Flynn and you are deemed to have agreed that these terms and conditions and all related documents be drafted in English only.
Any dispute arising out of this Agreement shall be governed by the laws of Canada, notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in the Province of Ontario, Canada, and you attorn to the exclusive jurisdiction and venue in such courts for such purpose.