Terms and Conditions
Welcome to MYABILITIES.COM (this “Website”), a website operated by MYABILITIES Technologies Inc. (“MYABILITIES”). The Website provides data and other information including, without limitation, articles, publications, videos, products, graphics, sound, images, icons, software, pictures and other materials (“Content”) on or related to products (the “Products”) and services (the “Services”) made available from time to time by MYABILITIES.
PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY AS THEY ARE THE TERMS THAT GOVERN YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS, SO BE CERTAIN THAT YOU UNDERSTAND THEM BEFORE YOU PROCEED TO USE THE WEBSITE. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEBSITE OR THE SERVICES.
By accessing this Website or sending electronic mail/communication to MYABILITIES, you are communicating with MYABILITIES electronically. By doing so, you agree to receive communications from MYABILITIES electronically. MYABILITIES will communicate with you by electronic mail at the electronic mail address provided by you, or by posting notices on this Website. You consent to receiving electronically all agreements, notices, disclosures and other communications that MYABILITIES provides to you.
New Services and New Terms
All Products or Services on, or made available through, this Website will be subject to these Terms and Conditions unless MYABILITIES notifies you otherwise. MYABILITIES reserves the right to change the terms and conditions of use at any time without any prior notice or liability to you or any other person. Access or use after such changes indicates your acceptance of these modified terms and conditions. You agree to review the terms and conditions of use regularly.
Advice or opinions are not provided
The Content is for information purposes only. It is not intended for the Content to be relied upon as professional or expert advice or opinions. You should seek professional advice, opinions and recommendations before acting or omitting to act based on any Content found on or through this Website.
YOU EXPRESSLY AGREE THAT YOUR USE, OR INABILITY TO USE THE WEBSITE AND/OR THE CONTENT, AND/OR THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THIS WEBSITE, THE CONTENT AND THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER MYABILITIES NOR ANY OF ITS SUPPLIERS OR AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY AS TO THE OPERATION OF THIS WEBSITE AND/OR THE PRODUCTS AND THE SERVICES, OR THE ACCURACY, COMPLETENESS, QUALITY, CURRENCY OR TIMELINESS OF THE WEBSITE, THE CONTENT OR THE PRODUCTS AND THE SERVICES OR THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE AND/OR NOT INTERCEPTED OR THAT THE WEBSITE, THE CONTENT OR THE PRODUCTS AND THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES, DEVICES OR COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, MYABILITIES AND ITS SUPPLIERS AND OR AFFILIATES DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF NON-INFRINGEMENT OR THAT THIS WEBSITE, THE CONTENT OR PRODUCTS AND THE SERVICES WILL BE FREE OF ERROR OR OPERATE WITHOUT DISRUPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MYABILITIES OR ITS SUPPLIERS AND OR AFFILIATES, OR ITS PARTNERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY WHATSOEVER, FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATIONS, DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUSINESS LOSSES, LOST SAVINGS, LOST DATA, LOSS OF USE, LOST PROFITS, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES ARISING FROM OR RELATING TO YOUR USE, RELIANCE UPON OR INABILITY TO USE THE WEBSITE, THE CONTENT AND/OR THE PRODUCTS AND THE SERVICES, WHETHER OR NOT MYABILITIES OR ITS SUPPLIERS AND OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR IF YOU TRANSFER CONFIDENTIAL OR SENSITIVE INFORMATION TO MYABILITIES OR IF MYABILITIES COMMUNICATES SUCH INFORMATION TO YOU AT YOUR REQUEST OVER THE INTERNET.
You agree that you are only authorized to access and view the Website and the Content and make use of the Products and Services solely for your own use as well as for paid subscribers’ benefit and not for the benefit of any other non-subscribing person or entity. You further agree that it is only where permission is specifically and expressly accorded on the pages of the Website or items comprising the Content and/or the Products and the Services that you may retain a single copy of those pages of this Website or items comprising the Content and/or the Products and the Services for your use provided that you maintain all copyright and all other notices contained therein and that you do not modify all or any portion of those pages or items. You are permitted to retain a copy of these Terms and Conditions of Use. All Products and Services purchased and/or made available through the Website are licensed to end user customers only and shall be subject to an end user license agreement.
You agree that you shall not use this Website or the Content to benefit any non subscribing person or entity. The foregoing prohibition expressly includes, but is not limited to, the practice of “screen scraping”, or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the Website, in any manner or in any quantities not authorized by MYABILITIES. You agree that you will not frame this Website or the Content or any part thereof on any commercial or non-commercial internet website. Any special terms and conditions for use of certain Content, Products or Services provided on this Website or included elsewhere on this Website are incorporated into, and become part of, these Terms and Conditions of Use. No rights or licences are granted to you regarding this Website, the Content or the Products and the Services, except the limited right to use the Website, the Content, the Products and the Services in accordance with these Terms and Conditions of Use. No reproduction, duplication, posting, downloading, uploading, retransmission, distribution, sale, modification, translation, republication of the Website, the Content, the Products or the Services or the creation of a derivative work based on the Website, the Content or the Services is permitted without the prior express written consent of MYABILITIES. You may not use any meta tags or any other “hidden text” using MYABILITIES’s domain name, name, trade-marks or official marks without MYABILITIES’s prior express written consent. Any exploitation of this Website, the Content, the Products or the Services including, without limitation, reverse engineering, decompilation and disassembly is strictly prohibited. You agree that you will not use this Website or the Content for any purpose that is unlawful.
Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Website, in the Content or in connection with the Products and Services may constitute official marks, trademarks or trade names of MYABILITIES or its licensors. This Website, the Content the Products and the Services are protected under Canadian and international copyright laws and intellectual property laws and treaty provisions. Title to this Website, the Content, and the Services and the official marks, trademarks or trade names displayed on the Website are owned by and shall remain with MYABILITIES and/or its providers as their interest may appear. Nothing contained in these Terms and Conditions or on this Website shall be construed as conferring by implication, estoppel or otherwise any license or right to use any official marks, trade-marks, trade-names, copyright or other intellectual property rights of MYABILITIES or its suppliers. Any unauthorized use of this Website, the Content, the Products or the Services or the official marks, trade-marks, trade names, copyright or other intellectual property rights of MYABILITIES or its suppliers is strictly prohibited, and we reserve the right to take such steps as we deem necessary, including legal action, to enforce such rights.
This Website may contain links to third party websites. MYABILITIES does not endorse the content contained in any third party’s website. MYABILITIES does not make any representation, warranty or condition, express, implied or statutory of any kind regarding any third party’s website, including without limitation any representation or warranty regarding the legality, accuracy, reliability, quality, completeness, timeliness, non-infringement, security, or suitability of any content on a third party’s website. MYABILITIES does not make any representation or warranty regarding the merchantability and fitness for a particular purpose of any content, goods or services on or made available through any third party’s websites. Further, MYABILITIES does not make any representation, warranty or condition, express, implied or statutory that the operation of any third party’s website will be uninterrupted, free of error, viruses or any other harmful components. The content, goods and/or services available on or through any third party’s website is not under MYABILITIES’ control and if you choose to access any third party’s website, you do so entirely at your own risk.
MYABILITIES undertakes to perform all actions necessary to comply with all applicable statutes and regulations, or with decisions issued by a court of competent authority, which govern the privacy rights of individuals who are subject to the jurisdiction of such statute, regulation or decision, as applicable.
Content Provided by User
By sending electronic mail, messages, content or information to MYABILITIES you hereby grant to MYABILITIES a transferable world-wide perpetual, irrevocable, royalty-free, non-exclusive license, including the right to sublicense to others, to use, reproduce, distribute, publish, modify, edit, translate, transmit, adapt, display, incorporate into other works or otherwise use the information and/or materials provided by you (in whole or in part) and/or incorporate such information and/or materials in any form, media or technology now known or developed in the future, with no compensation of any kind. You waive in favour of MYABILITIES all moral rights in the electronic mail, message, content or information. By submitting or sending electronic mail, messages, content or information to MYABILITIES you represent and warrant that you have the full right and authority to do so and that any use by MYABILITIES of the electronic mail, message, content or information will not violate the intellectual property rights of any person.
Prohibitions on User Information
You will not: (a) transmit, upload, post or otherwise make available any information or materials that (i) constitutes or encourages conduct, that would constitute a criminal offence or give rise to civil liability; (ii) is protected by copyright, trade-mark or other proprietary right without the express permission of the owner of the copyright, trade-mark or other proprietary right; (iii) is libellous, slanderous, defamatory, harassing, threatening or is otherwise injurious to a third parties; (iv) is hateful, bigoted or racially offensive; or (v) is vulgar, obscene, discourteous, indecent or pornographic; (b) interfere with other users’ use of this Website or the Services, including, without limiting the generality of the foregoing, disrupting the normal flow of communication in a discussion group; (c) post, upload or transmit materials that contain a virus, disabling devices or other code that manifests contaminating or destructive properties; (d) post, upload or transmit materials for advertising or commercial solicitation; (e) post, upload or transmit materials that do not generally pertain to the designated topic of discussion; or (f) otherwise use this Website or the Products and the Services in a manner which would serve to restrict or inhibit any other user from enjoying the Website or the Services.
You agree that your use of this Website, the Content, and the Products and Services shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against MYABILITIES and/or its affiliates and/or suppliers. You agree, at your own expense, to indemnify and hold MYABILITIES and its suppliers and/or affiliates, and its and their respective directors, officers, employees, representatives, agents and licensors harmless against any claim, suit, demand, action or other proceeding brought against any of them by a third party as a result of your breach of these Terms and Conditions.
Governing Law and Jurisdiction
All matters relating to your access to or use of the Website or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, notwithstanding conflict of laws principles. The exclusive venue for any disputes arising hereunder shall be in the Province of Ontario (Canada) unless MYABILITIES gives you written consent to another venue in its sole discretion.
Without limiting any other rights or remedies available to MYABILITIES under these Terms and Conditions at law or in equity, if you fail or MYABILITIES suspects that you have failed, to comply with any of these Terms and Conditions or any other terms and conditions referenced herein, MYABILITIES, at its sole discretion, without notice to you may, immediately terminate your right to use this Website and your access to and use of any Service (or any part thereof). Upon any suspension or termination of these Terms and Conditions or your rights granted hereunder, any all licenses and rights granted to you by MYABILITIES shall terminate. Upon termination of these Terms and Conditions you will remain liable after termination for all amounts due or accruing due under these Terms and Conditions up to and including the date of termination.
The failure by MYABILITIES to require or enforce the performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Each provision of the Terms and Conditions is severable from the other Terms and Conditions and if any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the other Terms and Conditions will continue to have full force and effect.
Any notice or other communication given to MYABILITIES regarding any matters contemplated by these Terms and Conditions, unless otherwise specified herein, must be in writing and sent by personal delivery or courier to MyAbilities c/o TechPlace 5500 North Service Rd, Suite 801, Burlington, ON, Canada L7L 6W6.
© MyAbilities Technologies Inc. (MYABILITIES). All rights reserved. No part of the Website or the Content may be reproduced, modified, distributed, published, sold, licensed, broadcasted, retransmitted, circulated in any form or used in any way without the prior written consent of MYABILITIES.
Last updated May, 2018