Terms of Use

Intellectual Property and Permitted Use

EMBLEM Developments is the owner or authorized user of all intellectual property rights in the Website and all content displayed on the Website. All information on the Website is protected under the copyright laws and other intellectual property laws of Canada and other countries. You may display on your computer, download and print pages of the Website, provided: (i) the words “copyright EMBLEM Developments” appear on all material that is so printed; (ii) the information is not altered in any manner; and (iii) your use of such pages is only for lawful purposes and your personal and non-commercial use. Other than in accordance with the foregoing, no one has permission to copy, redistribute, reproduce or republish in any form, any content displayed on the Website. All trademarks, logos, and service marks (the “Trademarks”) displayed on the Website are registered and unregistered trademarks of EMBLEM Developments and others, and may not be used by you in any way without the express written permission of EMBLEM Developments or the owner of such Trademark.

Prohibited Use, Indemnification and User Contributions to Website

You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libellous, defamatory, obscene, pornographic, hateful, malicious or other material that would violate any applicable law, or otherwise be in violation of the intellectual property rights of others. Without limiting the generality of the preceding, you may not use the Website to without limitation: (a) invade another person’s privacy, (b) harass another person, (c) promote or incite hatred, (d) impersonate another person or entity, or (e) obtain unauthorized access to EMBLEM Developments' electronic information systems. You agree to indemnify and hold EMBLEM Developments harmless from any and all losses, damages, liability and costs (including reasonable legal fees) resulting directly or indirectly from any claim or demand against EMBLEM Developments arising out of or related to your use of the Website, your connection to the Website, your violation of these Terms, or your violation of any rights of others.

EMBLEM Developments welcomes ideas and/or suggestions for improvements or additions to the Website, all of which will be subject to the Terms. Any and all ideas, suggestions and/or submissions forwarded or disclosed by you or on your behalf to EMBLEM Developments are made with the specific understanding that: (a) same will not be subject to any obligation of confidentiality or expectation of compensation, (b) any and all rights that you may have in such ideas, suggestions and/or submissions are absolutely waived, (c) you represent and warrant to us that such ideas, suggestions and/or submissions are wholly original to you, that no one else has any rights in and to same, and (d) EMBLEM Developments is free to implement the ideas, suggestions and/or submissions as it may from time to time desire, without obtaining permission or license from you or any third party.

E-mail Messages, Security and Disclaimer

Regular, unencrypted e-mail messages over the Internet are not secure. EMBLEM Developments shall not be responsible for any unauthorized access to personal or confidential information that is contained in any email or other transmission to us. This Website uses cookies and session variables to personalize content and enhance the user’s experience. This may result in unauthorized access to personal or confidential information. While we make commercially reasonable efforts to ensure that all software provided in connection with the Website is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. EMBLEM Developments recommends that you utilize firewall hardware and other security means to protect your system and information. Your use of the Website is at your own risk. EMBLEM Developments does not represent or warrant that the Website is a secure repository nor that the Website or content on the Website will be error-free or uninterrupted. The Website is provided ‘as is’ and ‘as available’. EMBLEM Developments assumes no responsibility and provides no warranties, representations, guarantees or conditions, express or implied (in fact or by operation of law) or statutory, including without limitation, with respect to the quality, accuracy, truth, timeliness, completeness, merchantability, fitness for a particular purpose, non-infringement or continued availability of the Website.

Availability of Service

The Website or any particular services provided through the Website may be limited or discontinued at any time by EMBLEM Developments at its discretion and without notice.

External Links

The Website may provide links to third party websites, and some of the content appearing on the Website may be supplied by third parties by way of framing, metatagging or otherwise linking to other websites. EMBLEM Developments has no control over such websites and their content and shall not be responsible or liable for: (a) the availability of such websites; (b) any content or information including advertising and products available on or through such websites; (c) any damages incurred from viewing linked websites, including without limitation, damages caused by computer viruses, Trojan horses or other intrusive, destructive or disruptive codes which may be downloaded from linked websites; or (d) your reliance on any content available on or through such websites. EMBLEM Developments does not endorse any linked website or content available on or through any such website. If you have any concerns about any particular website that is linked to the Website, please contact EMBLEM Developments and EMBLEM Developments will determine, in its discretion, if the link should be removed from the Website. You may not provide a link to the Website without the express written permission of EMBLEM Developments.

Product Endorsement

Any references on the Website to products, services or publications, other than those of EMBLEM Developments, do not imply the endorsement or approval of such products, services or publications by EMBLEM Developments.

Accuracy of Information

Although reasonable care has been taken to ensure the accuracy of information on the Website, all Website content is provided on an ‘as is’ basis, without any warranties of any kind, express or implied. Content on the Website is for informational purposes only, and is not intended to provide specific legal, financial or other similar advice, and should accordingly not be relied upon in that regard.

Limitation of Liability

In no event will EMBLEM Developments be liable for any loss or damages whatsoever (including, without limitation, any special, indirect, incidental, consequential, punitive or exemplary damages such as those resulting from lost profits, loss of prospective economic advantage, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Website, any websites linked to the Website, or the content contained on or available through any or all such websites, whether based on warranty, contract, tort (including negligence or gross negligence) or any other legal theory and whether or not advised of the possibility of such damages, nor for any claim by another party or parties.

Responding to Employment or Contract Postings

Employment and contract postings may be posted periodically on the Website for information purposes only and to invite prospective employees, trades or product or service vendors to apply for an employment position or submit information to EMBLEM Developments concerning their respective qualifications and/or products or services offered by them. Postings are not, in any way, to be construed as offers of employment or contract offers. EMBLEM Developments shall have no obligation to respond to any employment or contract applications submitted through the Website or to respond to information submitted through the Website pertaining to products or services offered to EMBLEM Developments. Postings may be removed or withdrawn without notice. In no event shall EMBLEM Developments be responsible for any inability to submit information pursuant to such postings.

Severability

If any provision of the Terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is unlawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions.

Governing Law

The Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein (other than any conflict of laws that would result in the choice of laws of another jurisdiction). Any dispute arising from these Terms shall be resolved exclusively in the Province of Ontario by the courts of the Province of Ontario.

Termination

EMBLEM Developments has the right to terminate your use of the Website immediately and without notice to you for any conduct that EMBLEM Developments, in its sole discretion, considers unacceptable.

Entire Agreement

These Terms and any documents referenced herein, including without limitation the Privacy Policy, constitute the entire agreement between you and EMBLEM Developments regarding the subject matter hereof and supersedes all other communications, representations, statements, or arrangements, written or oral.

Waiver

The failure of EMBLEM Developments to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.