Milestone Risk Management & Insurance
Services Inc. (hereinafter referred to as “Milestone”) provides the
milestonepromise.ca and mstone.ca and milestoneinsurance.ca web sites
(collectively, referred to herein as the "Milestone Sites") subject
to your compliance with the terms and conditions below. PLEASE READ THIS BEFORE
ACCESSING THE MILESTONE SITES. BY ACCESSING THE MILESTONE SITES, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS BELOW.
By accessing the Milestone Sites, you agree to be
bound by the terms and conditions listed below:
1. Rules. While visiting the Milestone
Sites, you may not:
- Post,
transmit or otherwise distribute information constituting or encouraging
conduct that would constitute a criminal offence or give rise to civil
liability, or otherwise use the Milestone Sites in a manner which is
contrary to law or would serve to restrict or inhibit any other user from
using or enjoying the Milestone Sites or the Internet;
- Post or
transmit any information or software which contains a virus, cancelbot,
Trojan horse, worm or other harmful or disruptive component; or
- Upload,
post, publish, transmit, reproduce, or distribute in any way, information,
software or other material obtained through the Milestone Sites which is
protected by copyright, or other intellectual property right, or
derivative works with respect thereto, without obtaining the prior written
consent permission of the copyright owner or right holder.
2. Linked Sites. Any sites to which
the Milestone Sites provides links are operated by independent parties and
are not under the control of Milestone. Please be advised that by relying on
said links, you do so at your own risk or peril. In no event, shall Milestone be
liable for any acts or omissions contained in such links.
3. Independent Parties. The
Milestone Sites and linked web sites are independent parties. There is no
agency, employee or partnership relationship of one to the other or among any
of them and they have no authority to bind another of the parties. Any
reference describing Milestone and any linked site as "partners"
is colloquial only and does not represent the legal relationship between them,
which is one of independent contractors.
4. Monitoring. Milestone has no obligation to monitor the Milestone
Sites. However, you agree that Milestone has the right to monitor the Milestone
Sites electronically from time to time and may to disclose any information
as necessary to satisfy any law, regulation or other governmental request, to
operate the Milestone Sites properly, or to protect itself or its users in
accordance with Milestone's
Privacy Statement. Milestone will not
intentionally monitor or disclose any private electronic-mail message unless
required by law. Milestone reserves the right to refuse to post or to
remove any information or materials, in whole or in part, that, in its sole
discretion, are unacceptable, undesirable, or in violation of this Agreement. Milestone
does not hire moderators to monitor the web site. All moderators for the Milestone
Sites are volunteers and Milestone is not responsible for their actions.
5. Privacy. For information on
how identifiable information is collected, used and disclosed by Milestone,
please read our Privacy Statement.
6. No Warranty. Milestone
assesses the products and services offered by Milestone and believes that these
products and services are appropriate and valuable to Milestone customers. Milestone
does not, however, guarantee any products or services provided by Milestone.
Pricing contained on the site is subject to change without notice.
7. Limitation of Liability. Milestone,
including its affiliates, related companies and suppliers, take no
responsibility for the accuracy or validity of any claims or statements
contained in the documents and related graphics on the Milestone Sites.
Further, Milestone makes no representations about the suitability of any of the
information contained in the documents and related graphics on the Milestone
Sites for any purpose. All such documents, related graphics, product and
services are provided "as is" and without warranties or conditions of
any kind. In no event shall Milestone be liable for any damages whatsoever,
including special, indirect or consequential damages, arising out of or in
connection with the use or performance of information, products or services available
on or through the Milestone Sites.
8. Recourse. If you are
dissatisfied with the Milestone Sites or with any terms, conditions,
rules, policies, guidelines or practices of Milestone in operating the Milestone
Sites, your sole and exclusive remedy is to discontinue using the Milestone
Sites.
9. Indemnity. You agree to
defend, indemnify and hold Milestone and its affiliates and related companies harmless
from any and all liabilities, costs and expenses, including reasonable
attorney's fees, related to any violation of this Agreement by you or users of
your account, or in connection with the use of the Milestone Sites or the
Internet or the placement or transmission of any message, information, software
or other materials on the Milestone Sites or on the Internet by you or users of
your account.
10. Intellectual Property. All Milestone
elements (the "Elements") including such as, without limiting the
generality of the foregoing, the texts, articles, documents, worksheets,
programs, photos, illustrations, images, videos and audio materials, are the
property of Milestone and are subject to licenses or agreements allowing their
broadcast through the site. No site Element may be copied, reproduced,
distributed, published, translated, downloaded, posted or sent, in any way
whatsoever, without the prior written consent approval of Milestone or the
copyright holder. You are allowed to post or download the site Elements, but
solely for non-commercial purposes and for personal use, provided you do not
change these Elements and maintain all their intellectual property notices. The
trademarks and logos used or posted on the Milestone Sites are
trademarks which were registered or not by Milestone or third parties. Nothing
in the Milestone Sites may be interpreted as allowing, directly or
indirectly, the use of a trademark reproduced on the Milestone Sites without
the prior written consent and approval of the owner of such trademark.
11.
Territory.
The Milestone Sites originate in Canada.
12. Miscellaneous. This
Agreement, including any and all documents referenced herein, constitutes the
entire agreement between Milestone and you pertaining to the subject matter
hereof. Milestone’s failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of any
provisions or right. If any of the provisions contained in this Agreement were
determined to be void, invalid or otherwise unenforceable by a court of
competent jurisdiction, such determination shall not affect the remaining
provisions contained herein. This Agreement shall be governed by and construed
in accordance with the applicable laws of the province
of Alberta, and the federal laws of Canada
applicable therein. The parties have required that this agreement and all
documents relating thereto be drawn up in English.