User Agreement

By accessing this Web site, you are agreeing to be bound by this Agreement and all applicable laws and regulations. Furthermore, by accessing this Web site, you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this Web site or Access our Services. Any claim relating to this Web site shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. The materials contained in this Web site are protected by applicable copyright and trademark law.

You must read, agree to, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy which include those terms and conditions expressly set out below and those incorporated by reference, before you may use the Services offered by us.

We may amend this Agreement at any time by posting the amended terms on this Web site. Except as stated below, all amended terms shall automatically be effective thirty (30) days after they are initially posted on this Web site.

1. Definition of Terms

1.1 “Access” refers to the entitlement of a user to access WritingForResults.net’s Web site.

1.2 “Agreement” refers to this user agreement.

1.3 “Cookie” and “Cookies” refer to useful information, such as an e-mail address or a password, which is stored on your hard drive that enables your computer to “remember” some useful items when you return to a web site.

1.4 “Documents” refers to any text, form or template provided by WritingForResults.net whether electronically transferred or in printable form.

1.5 “Marks” refers to any trademarks, logos and service marks.

1.6 “Users’ Forum” refers to an area of the WritingForResults.net Web site that allows feedback to WritingForResults.net and users.

1.7 “Personal Information” refers to any information you provide to WritingForresults.net or other users in the registration process, in any public message area, or through any electronic mail feature. You are solely responsible for your personal information.

1.8 “Privacy Policy” refers to the privacy policy incorporated into the user Agreement and provides additional terms and conditions related to specific services offered on WritingForResults.net’s Web site.

1.9 “Services” refers to the services to be provided by WritingForResults.net, including any system, software or data (whether electronically transferred or in printable form).

1.10 “we”, “us” and “our” refer to WritingForResults.net.

1.11 “Web site” refers to WritingforResults.net at http://www.WritingForResults.net and http://WritingForResults.net.

1.12 “you” and “your” refer to any user of WritingForResults.net’s services or WritingForResults.net’s Web site.

2. Copyright

All material on this Web site is protected by copyright. You may print one copy of any material on this Web site for your personal use. Other than the templates, you may not print more copies. Other than the templates, you may not save any files to your computer or store files in any other form. The sale of material from this Web site is prohibited.

3. Templates

You may download any of the word processing templates and use them as you wish. You may also give the templates to others. However, you may not sell the templates or give them to others who may sell them.

4. Documents on Web Site

The Documents posted on this Web site may contain Government of Canada trademarks or may appear to be similar to official Government of Canada forms but are in no way meant to represent official Government of Canada forms. We disclaim any use of and any third party action arising from the use of these Documents.

5. Users’ Forum

This Web site may include a Users’ Forum that allows feedback to us and users. We do not control the messages, information or files delivered to the Users’ Forum, unless otherwise noted therein. However, we reserve the right at all times to monitor, edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or are in violation of any of the terms contained herein, and to deny any user Access to this Web site. Users accessing the Users’ Forum agree not to:

5.1 restrict or inhibit any other user from using and enjoying the Users’ Forum;

5.2 post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, or any blatant expression of bigotry, racism, hatred or harassment, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, federal or foreign law; or

5.3 post or transmit or in any way exploit any information, software or material for commercial purposes or which contains solicitations for sales or purchases, advertising, promotion or marketing, without our express written consent.

At our sole discretion , we may block or limit your access to the Users’ Forum if you abuse it in any way. We may also move your postings from one section of the Users’ Forum to another section that is more appropriate to the nature of the postings.

6. Access and Interference

You agree that you will not use an automated means to Access this Web site for any purpose without our express written permission. Additionally, you agree that you will not:

6.1 take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

6.2 copy, reproduce, modify, create derivative works from, distribute or publicly display any content from this Web site without our prior expressed written permission and the prior expressed written permission of an appropriate third party if applicable;

6.3 interfere or attempt to interfere with the proper working of this Web site or any activities conducted on this Web site; or

6.4 bypass any measures we may use to prevent or restrict Access to this Web site.

7. Speed and Continuity of Access

We do our best to make sure you have continuous and quick Access to this Web site. However, we cannot guarantee that you will not encounter service interruptions or brief delays in accessing the Web site. In addition, the speed of your Access to this Web site depends heavily on the speed of the Internet connection you use, which we cannot control.

8. Breach

Without limiting other remedies, we may limit your activity, temporarily suspend, indefinitely suspend, or terminate your access and refuse to provide our Services to you:

8.1 if you breach this Agreement or the documents it incorporates through reference;

8.2 if we are unable to verify or authenticate any Personal Information or any other information you provide to us; or

8.3 if we believe that your actions may cause financial loss or legal liability for you or us.

9. Privacy

We do not sell or rent or otherwise provide your Personal Information to third parties for their marketing purposes without your explicit consent and we only use your Personal Information as described in the Privacy Policy. Our current Privacy Policy is available on this Web site for your review. If you object to your Personal Information being transferred or used in this way, please do not use this Web site or our Services.

10. Exclusion of Warranties

THE MATERIALS ON OUR WEB SITE ARE PROVIDED "AS IS". WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, AND WE DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON OUR WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

11. Limitation of Liability

WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS AND/OR ASSIGNS WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER BASED IN CONTRACT OR IN TORT OR OTHER LIABILITY TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY. THIS LIMITATION APPLIES WHETHER OR NOT WE HAVE BEEN ADVISED OF OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR DAMAGES UNDER OR RELATED IN ANY WAY TO THESE TERMS AND CONDITIONS, WHETHER FOR A SINGLE OCCURRENCE OR SERIES OF OCCURRENCES, WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US PURSUANT TO THESE TERMS AND CONDITIONS. The limitation on monetary damages will not apply to claims relating to death or personal injury which arise out of products deemed to be consumer goods under applicable law. Your sole and exclusive remedy is to discontinue using and accessing this Web site. To the extent the jurisdiction to which you are subject does not allow certain other limitations, such limitations which are not permitted do not apply.

12. Indemnity

You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents this Agreement incorporates by reference, or your violation of any law or the rights of a third party.

13. Ownership and Confidentiality

Material on this Web site, including but not limited to text, images, illustrations, software, audioclips and videoclips, is owned or otherwise provided by us, and we do not represent or warrant that such material does not infringe the rights of any other person or entity. You acknowledge that information, or material which you provide electronically through your Access to or usage of this Web site is not confidential or proprietary and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You also acknowledge that any information or materials which you provide electronically through your Access to or usage of this Web site does not infringe the rights of any person or entity, and may be used in whole or in part in any matter by us including, but not limited to, reproduction, retransmission, publication of such information or material or ideas, concepts or other know-how contained therein our commercial purposes or disclosure of your identity. Marks displayed on this Web site are our registered or unregistered Marks or are the registered or unregistered Marks of others, and are the property of their respective owners, and may not be used without written permission of the applicable owner of such Marks. Any information or material contained on this Web site which may be reproduced pursuant to these terms must bear the proprietary rights notices which originally appear on or in conjunction with such information or material.

14. Monitoring

We may monitor Access to, discussion and posting on and other activities relating to this Web site, and we may intervene in relation thereto but do not make any representation or warranty that we will do so. You consent to any such monitoring and intervention in the event that we elect to do so.

15. Links

Links and references to other Web sites are provided to you as a convenience only. We have not reviewed and do not expressly or impliedly endorse other Web sites or any information or material, or the accessibility thereof, via such links, and we do not assume any liabilities arising from the use of any products or services offered thereon.

16. Software

Any software available for downloading through this Web site is provided by third party software vendors pursuant to a license agreement or other arrangements between such vendors and end-users. We do not sell, resell, license, or sub-license any such software, and we disclaim any responsibility or liability related to the software. Any questions, complaints or claims related to the software should be directed to the appropriate vendor. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software downloaded through this Web site. In the event of any express inconsistency between the terms of this Agreement and those contained in any license agreement with a software vendor, the terms contained in the license agreement shall prevail.

17. Accuracy of Information

The materials appearing on this Web site could include technical, typographical or photographic errors. We do not warrant that any of the materials on this Web site are accurate, complete or current. We may make changes to the materials contained on this Web site at any time without notice. We do not, however, make any commitment to update the materials.

18. Viruses etc.

We do not represent or warrant that the information or materials, including without limitation any downloadable software, accessed from or through this Web site will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.

19. Damage to Others

You agree not to introduce into or through this Web site any information or materials which may be harmful to others. Among other things, you agree not to knowingly or otherwise include any error or defect in material or information which may, among other things, be a libel, slander, obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

20. Reserve of Rights

All rights not expressly granted in these terms are reserved to us. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under copyright, patent, trademark or other intellectual right of us or any other person or entity.

21. Governing Law

This site is controlled and operated by us from Ottawa, Ontario, and these terms shall be governed by the laws of Ontario and the applicable laws of Canada, without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of the Province of Ontario in connection with the interpretation or application of these terms.

22. Changes to Terms

We may modify, alter or otherwise update the terms applicable to this Web site from time to time without notice, and you agree to be bound by such terms as are in effect at the applicable time at which you Access this Web site.

23. Technical Functioning

We cannot be responsible for any aspect of the Web site that does not function properly on your computer.

24. Termination

At our sole discretion, we may terminate your access at any time.

25. Survival

The terms and conditions of this Agreement apply while you are accessing this Web site and remain in effect thereafter. In the event that this Web site is no longer accessible to you, the provisions as set out in sections 10, 11 and 12 of this Agreement shall survive thereafter.

 

December 18, 2004