Last updated: [ March 11, 2022 ]
THE TERMS AND CONDITIONS (“TERMS”) SET OUT BELOW GOVERN YOUR USE OF THE HENRY ARMSTRONG AWARD (“HAA”) WEBSITE, FEATURES AND SERVICES (THE “SERVICES”) PROVIDED VIA HAA’S WEBSITE www.henryarmstrongaward.ca (THE “WEBSITE”). BY USING THE SITE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING, BROWSING, OR SUBMITTING INFORMATION ON THE WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS, INCLUDING ANY ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. HAA PROVIDES THE SERVICES SUBJECT TO THE FOLLOWING TERMS, WHICH MAY BE MODIFIED OR AMENDED AT ANY TIME IN HAA’S SOLE DISCRETION WITHOUT NOTICE, AND BY USING OR CONTINUING TO USE THE SERVICES AND/OR PLACING AN ORDER THROUGH THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ANY AND ALL AMENDMENTS THERETO. PLEASE READ THEM CAREFULLY.
When you use any Service or send an e-mail to us, you are communicating with us electronically, and by doing so, you consent to receive communications from us electronically, including without limitation, e-mails, notices posted on the Website, or through the Services. You hereby agree that any such communications sent to you electronically satisfy any legal requirement that such communication from us to you be in writing.
HAA provides the Services through the Website, which permits users to submit content and information in consideration for the Henry Armstrong Award.
Any and all graphics, logos, page headers, button icons, scripts, and service or trade names included in or made available throughout the Website are trade-marks or trade dress of HAA or its affiliates, in Canada and other countries, where applicable (collectively, the “Trademarks”). You are prohibited from using the Trademarks in any manner or purpose, including without limitation, in connection with any product or service that is not HAA’s or its affiliates’, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits or dilutes the goodwill of HAA or its affiliates. All other trademarks not owned by HAA or its affiliates that appear on the Website or made available or appears on any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HAA or its affiliates.
All rights not expressly granted to you under the Terms are reserved and retained by HAA or its licensors, suppliers, publishers, rights-holders. No Service, nor any part thereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of HAA. You may not frame or utilize framing techniques to enclose any Trademark, logo, or other proprietary information (including images, text, page layout, or form) of HAA without express written consent. You may not use any meta tags or any other “hidden text” utilizing the name or Trademarks of HAA without the express written consent of HAA. For the avoidance of doubt, any consent required to be obtained from HAA may be unreasonably withheld by HAA. You may not misuse the Services. You may use the HAA Services only as permitted by law and as set forth in these Terms. The License granted by HAA shall automatically terminate in the event you fail to comply with these Terms, or any part thereof. HAA further reserves the right to modify, suspend or discontinue the Website and/or the Services, or any part thereof, at any time and without notice to you, and HAA will not be liable to you or to any third party should it exercise such rights.
Use of the Services requires a compatible device, Internet access, and certain software (fees may apply). High-speed Internet access is strongly recommended for regular use and is required for video content. The latest version of certain software may be required or recommended to access the Website and/or Services and may be required for certain transactions or features of the Services and to purchase or download the Products, or to continue viewing or accessing purchased Products. You agree that meeting these requirements, which may change from time to time, is your sole responsibility.
Certain content, products and services available via the Website or Services may include material, data, content, logo or information from third parties or hyperlinks to third party websites. HAA may provide links to third-party websites or products. You agree that HAA is not responsible for examining or evaluating the content, accuracy or safety of such third-party content or websites, and HAA does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that HAA is not in any way responsible for any such use by you.
You understand that by using the Services or Website you may encounter, directly or indirectly, material that you may deem to be offensive, indecent or objectionable, and that such material may or may not be identified as having explicit material, including without limitation, graphics, videos, lyrics, text and song titles. Nevertheless, you agree to use the Services at your sole risk and HAA shall have no liability to you for any such material.
If you fail, or HAA suspects that you have failed, to comply with any provisions of these Terms, HAA, in its sole discretion, without notice to you may: (i) terminate these Terms and/or your Account, whereupon you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) prohibit access to the Services or Website, or any part thereof.
Disclaimer of Warranties and Limitation of Liability.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR SERVICES ARE PROVIDED BY HAA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HAA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HAA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HAA DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HAA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES (INCLUDING THOSE PRODUCED BY THE PROVIDERS) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Applicable Law and Disputes.
Any dispute or claim relation in any way to your use of the services, or to any products or services sold or distributed or otherwise made available by HAA through the Website or Services will be resolved by binding arbitration, rather than in court. The Commercial Arbitration Act of Ontario shall apply to these terms and conditions. The forum for arbitration shall be Toronto, Canada.