Legal
PROVINCIAL LONG TERM CARE INC.
WEB SITE TERMS OF USE
LEGAL NOTICE
1. OVERVIEW
The following terms and conditions apply to all visitors to or users (and all persons that the user represents) of the Provincial Long Term Care Inc. web site (the home page of which is at www.pltchomes.com) (the "Web Site"). By using the Web Site, you agree to be bound by these terms and conditions, as they may be modified by Provincial Long Term Care Inc. ("PLTC") at any time and posted on the Web Site. These Terms of Use describe your responsibilities and limitations to PLTC's liability, among other things. The following Terms of Use, and those other terms incorporated by reference, constitute the entire and only agreement existing between you and PLTC regarding your use of the Web Site. Agreement to these Terms of Use is required for usage of the Web Site. If you do not agree with any of these terms, then your further use of the Web Site cannot proceed since agreement to these terms by all users is integral to the operation of the Web Site.
2. OWNERSHIP OF CONTENTS
Except as noted below in section 4, the Web Site and all of its content, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, the "Content") are the exclusive property of PLTC. The Content is protected by copyright laws and other Canadian and international laws and treaties.
3. ACCESS TO THE WEB SITE
Access to the Web Site is entirely at the sole discretion of PLTC. PLTC reserves the right to grant or deny access to the Web Site to any person. The Content is provided by PLTC as a service to its current and prospective residents and their families and may be used only for personal information purposes provided you retain all copyright and other proprietary notices contained on the Content. No right, title or interest in the Content is conveyed to you. This is a limited license, not a transfer of title to the Content. You may not, directly or indirectly, copy, reproduce, publish, transmit, distribute, display, post, modify, create derivative works from, sell, license or otherwise exploit the Web Site or any of the Content for any competitive or commercial purpose without the prior written permission of PLTC. Any unauthorized copying, alteration, distribution, transmission, display, or other use of the Content is strictly prohibited. At its sole discretion, PLTC may revoke this limited license to any person at any time. All rights not expressly granted herein are reserved by PLTC.
4. TRADEMARKS
PLTC and its affiliated companies retain all rights regarding their trademarks, trade names, brand names, trade dress, and all associated logos and images, including but not limited to the PLTC corporate logo and values. (collectively, the "Trademarks"). The Trademarks are registered and/or common law trademarks of PLTC, and are protected by Canadian and international laws and treaties. No license to the use any of the Trademarks is granted to you under these terms and conditions or by your use of the Web Site. Your misuse of any of the Trademarks displayed on the Web Site (including use of the Trademarks in metatags and/or hidden text) is strictly prohibited. You are also advised that PLTC places significant value in these Trademarks and as such will aggressively enforce its intellectual property rights to the fullest extent of the law, including, but not limited to, the seeking of damages and criminal prosecution.
Occasionally, PLTC references trademarks, trade names, brand names and trade dress owned by third parties. PLTC claims no rights to or interest in these marks, names or trade dress and all associated logos or images.
5. LINKING
Periodically, links may be established from the Web Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Web Site. None of such links should be deemed to imply that PLTC endorses the Third Party Sites or any content therein.
PLTC does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and PLTC will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any of the Third Party Sites.
6. INTERNET SAFETY
It is your responsibility to take precautions to ensure that whatever information, including Content you may access or download, is free of viruses, worms, Trojan horses and other items of a destructive nature.
7. INFORMATIONAL PURPOSES ONLY
The Web Site is intended for information purposes only. The Web Site is not intended to provide legal, educational, medical or other professional advice and should not be relied on in that respect.
8. DISCLAIMER OF WARRANTY
The Content is believed to be reliable when posted; however, PLTC does not guarantee the quality, accuracy, completeness, or timeliness of the Content. ALL CONTENT ON THE WEB SITE, OR OBTAINED FROM A WEB SITE TO WHICH THE WEB SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT GUARANTEE OF ACCURACY OR WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. PLTC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, MESSAGE, POSTING, PROFILE, ADVICE OR STATEMENT MADE THROUGH THE WEB SITE OR A LINKED SITE, OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. UNDER NO CIRCUMSTANCES WILL PLTC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE WEB SITE OR A LINKED SITE, OR A USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, MESSAGE, POSTING, PROFILE, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEB SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, MESSAGE, POSTING, PROFILE, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
9. JURISDICTION
The Web Site is operated and controlled by PLTC from its offices located within the Province of Ontario, Canada, but can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. By accessing the Web Site, you agree that the laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of these Terms of Use notwithstanding any conflict of laws provisions or your domicile, residence or physical location. The Web Site makes no warranty or representation that any or all Content and/or services provided on or through the Web Site, or any other materials or services referenced therein, are lawful in other jurisdictions or available for use in all jurisdictions. You agree that if you access the Web Site outside of Ontario, you are responsible for compliance with local laws. You consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to these Terms of Use (including, but not limited to, a breach thereof), your use of the Web Site, and/or any other proceeding involving the Web Site, either directly or indirectly, without giving effect to any conflict of laws provisions.
10. YOUR COMMUNICATIONS (RIGHT TO USE)
PLTC shall be free to use any comments, descriptions, testimonials, ideas, concepts, know-how, or techniques contained in any communication you send or provide to PLTC for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information (the "Right to Use"). By providing such communication to PLTC you expressly and irrevocably convey the Right to Use to PLTC without any claim or right to compensation whatsoever.
Any personally identifiable information you provide to PLTC shall be subject to PLTC's Privacy Policy.
You acknowledge and agree that by providing PLTC with any personal information through the Web Site, you consent to the transmission of such personal or proprietary information over international borders as necessary for processing in accordance with PLTC's standard business practices and Privacy Policy. User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. PLTC is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
11. LIMITATION OF LIABILITY
THE INFORMATION, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE WEB SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PLTC SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WEB SITE AND LINKED SITES. PLTC MAY MAKE IMPROVEMENTS OR CHANGES TO THE WEB SITE AND THE SERVICES OFFERED BY THE WEB SITE AT ANY TIME. YOU AGREE THAT PLTC, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEB SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR A LINKED SITE, EVEN IF PLTC IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE. PLTC CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
12. REVISIONS
PLTC endeavours to provide current and accurate information on the Web Site. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. PLTC cannot guarantee that products and services advertised on the Web Site will be available when ordered or thereafter. PLTC does not warrant that the Content including, without limitation, product descriptions or photographs, are accurate or complete.
PLTC reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Web Site content without any notice or liability to you or any other person.
The advertisements on the Web Site are invitations to you to make offers to purchase products and services on the Web Site and are not offers to sell.
13. INDEMNITY
You agree to defend, indemnify, and hold harmless PLTC, its officers, directors, affiliates, employees and agents, from and against any claims, actions or demands, including, without limitation, legal and accounting fees, alleging or resulting from your use of the Web Site or your breach of the terms of these Terms of Use or the documents it incorporates by reference. PLTC shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
14. VIOLATIONS OF TERMS OF USE & TERMINATION
PLTC reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block a User and/or access from a particular Internet address to the Web Site, and, if deemed appropriate in PLTC's sole and absolute discretion, contact the appropriate law enforcement agencies. PLTC may, in its sole and absolute direction, terminate or suspend your access to all or part of the Web Site at any time, with or without notice to you, for any reason. These Terms of Use shall survive the termination of this agreement between you and PLTC, including, but not limited to, all waivers of liability and disclaimers contained herein.
15. USE OF "COOKIE" FILE FEATURE
PLTC reserves the right to store information on your computer (i.e. the computer you use to access the Web Site) in the form of a "cookie" or similar file for purposes of modifying The Web Site to reflect your preferences. The Web Site's Privacy Policy [add hyperlink] provides additional information regarding PLTC's use of cookies as well as procedures for disabling cookies.
16. GENERAL
Section headings are provided for convenience of reference and do not constitute part of these Terms of Use. Any references to a particular section of these Terms of Use shall be deemed to include reference to any and all subsections thereof. The waiver by PLTC of a breach of any provision of these Terms of Use or the documents it incorporates by reference will not operate or be interpreted as a waiver of any other or subsequent breach. If any part of these Terms of Use shall be adjudged by any court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby and shall be enforced to the maximum extent permitted by applicable law. If any remedy set forth in these Terms of Use is determined to have failed of its essential purpose, then all other provisions of these Terms of Use, including the limitations of liability and exclusions of damages, shall remain in full force and effect. If an ambiguity or question of intent arises with respect to any provision of these Terms of Use, these Terms of Use will be construed as if drafted jointly by PLTC and you and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms of Use.