1. ACCEPTANCE OF TERMS
Welcome to NewmarketToday.ca. NewmarketToday.ca provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. Please check back regularly for updates to this policy. The date of the most recent update is noted at the top of the page. In addition, when using particular NewmarketToday.ca owned or operated services, you and NewmarketToday.ca shall be subject to any guidelines or rules applicable to such services which may be posted from time to time.
You agree to be bound by these terms when you browse, access, or otherwise use the NewmarketToday.ca digital services.
NewmarketToday.ca currently provides users with access to a collection of resources, including forums, search services, and branded programming through its network of properties (the "Service"). You understand and agree that the Service may include advertisements and that these advertisements are necessary for NewmarketToday.ca to provide the Service. You also understand and agree that the service may include certain communications from NewmarketToday.ca. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new NewmarketToday.ca properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that NewmarketToday.ca assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
In consideration of your use of the Service, you represent that you are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction(s). You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NewmarketToday.ca has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NewmarketToday.ca has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will receive a password, username and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. In registering for the Service, you may not pretend to be someone else or register an account on behalf of another individual. You agree to (a) immediately notify NewmarketToday.ca of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. NewmarketToday.ca will not be liable for any loss or damage arising from your failure to comply with this account security provision.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. NewmarketToday.ca does not verify the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. NewmarketToday.ca does not take responsibility for content posted on the site by other users.
You agree to not use the Service to:
You acknowledge that NewmarketToday.ca does not pre-screen Content, but that NewmarketToday.ca and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, modify, or move any Content that is available via the Service. Without limiting the foregoing, NewmarketToday.ca and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content—including any reliance on the accuracy, completeness, or usefulness of such Content—submitted to NewmarketToday.ca Response Boards and in all other parts of the Service.
You agree that NewmarketToday.ca may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of NewmarketToday.ca, its users and the public.
NewmarketToday.ca does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant NewmarketToday.ca the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove such Content from the Service.
"Publicly accessible" areas of the Service are those areas of the NewmarketToday.ca network of properties that are intended by NewmarketToday.ca to be available to the general public. By way of example, publicly accessible areas of the Service would include NewmarketToday.ca Classifieds, Comments and Editorial feedback areas.
The Service may contain links out to third party websites that are not part of or associated with NewmarketToday.ca. The inclusion of any link does not indicate an endorsement by NewmarketToday.ca of the site and NewmarketToday.ca assumes no responsibility for the accuracy, completeness, or integrity of information contained on such sites. If you decide to access linked websites, you acknowledge that you are doing so at your own risk.
You agree to indemnify and hold NewmarketToday.ca and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You acknowledge that NewmarketToday.ca may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that ads appear, maximum word counts or other limits on uploaded Content retained by the Service. You agree that NewmarketToday.ca has no responsibility or liability for the deletion or failure to store any content or other communications transmitted by the Service. You acknowledge that NewmarketToday.ca reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that NewmarketToday.ca reserves the right to modify these general practices and limits from time to time.
NewmarketToday.ca reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or any part thereof with or without notice. You agree that NewmarketToday.ca shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that NewmarketToday.ca may, under any circumstances and without prior notice, immediately terminate your NewmarketToday.ca account, any associated email address, and access to the Service. Cause for such termination includes, but is not limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and extended periods of inactivity. Termination of your NewmarketToday.ca account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made at the sole discretion of NewmarketToday.ca and that NewmarketToday.ca shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NewmarketToday.ca, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works (except as permitted by exceptions to copyright law) based on the Service or the Software, in whole or in part.
You expressly understand and agree that:
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. NewmarketToday.ca expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
NewmarketToday.ca makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected.
You acknowledge that any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from NewmarketToday.ca or through or from the Service shall create any warranty not expressly stated in the TOS.
You expressly understand and agree that NewmarketToday.ca shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if NewmarketToday.ca has been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use the Service, (ii) the cost of procurement of substitute good and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, (iii) unauthorized access to or alteration of your transmissions or data, (iv) statements or conduct of any third party on the Service, or (v) any other matter relating to the Service.
If any provision of these Terms is found unlawful, invalid or unenforceable by a court of law, the impugned provision will be deemed severed and will not affect the validity and enforceability of any remaining provisions.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
NewmarketToday.ca may provide you with notices, including those regarding changes to the TOS, by postings on the Service.
The NewmarketToday.ca trademarks and service marks and other NewmarketToday.ca logos and product and service names are trademarks of NewmarketToday.ca. Without NewmarketToday.ca prior permission, you agree not to display or use in any manner, the NewmarketToday.ca marks.
The TOS constitutes the entire agreement between you and NewmarketToday.ca and governs your use of the Service.
Please report any violations of the TOS to NewmarketToday.ca by emailing [email protected].