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TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

 

By using the site NeilMoore.ca (the "Site"), you signify your assent to and acceptance of these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this Site.

 

NeilMoore.ca may revise and update these Terms and Conditions at any time. Your continued usage of the NeilMoore.ca website will mean you accept those changes.

 

The Site Does Not Provide Professional or Specialist Advice

 

The contents of the Site, such as text, graphics, images, and other materials contained on the Site (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional or specialist advice, or in the case of health and wellness related topics, a diagnosis, or a treatment, or medical advice of any nature.  In all cases of health and wellness, you should always seek the advice of a duly licensed physician or other qualified health provider with any questions you may have regarding a medical condition or treatment or remedy. Whether with respect to your health and wellness, or with respect to any topic or subject-matter addressed on this Site, you should never disregard applicable professional or specialist advice or delay in seeking such advice because of something you have read or viewed on the Site.

 

The Site does not recommend or endorse any specific products, procedures, opinions, or other information that may be mentioned on the Site.  Any commentary, assessment, grade or other manner of providing a measure of value to any specific product, procedure, opinion, or other information that may be mentioned on the Site is for informational purposes only and not to be taken as recommendation or endorsement thereof nor something the reader or viewer is to rely upon in making any decision with respect thereto.

 

Your reliance on any Content provided on the Site is solely at your own risk.  Any use or reliance upon any Content provided by the Site is subject to you conducting your own research, investigation or otherwise satisfying yourself prior to such use or reliance.

 

Use of the Content

 

The Content provided on this Site is protected by the copyright laws applicable in Canada and in foreign countries as are applicable.  You are not authorized to use the Content in any manner.

 

Title to the Content remains with Site, or where applicable, its licensors and such persons who have agreed to allow the Site to use their content on the Site.  Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws, for which you may be held accountable. Content and other features are subject to change or termination without notice in the editorial discretion of the Site.

 

Liability of the Site

 

The use of the Site and the Content is at your own risk.  Any decision you make, any act you perform or any act you omit from performing that in any manner or form is related to the Content or subject-matter addressed by the Content is a decision, act or omission solely carried out by you personally, at your own risk, and in no way is advised or recommended by the Site.

 

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of the Site and its suppliers. Accordingly, the Site assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

 

The Site and the Content are provided on an "as is" basis. THE SITE AND THOSE PERSONS WHO PROVIDE CONTENT TO THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, the Site and those that provide Content to the Site make no representations or warranties with respect to the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the Site.

 

In no event shall the Site, those who provide Content to the Site, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content or decisions, acts or omissions made in reliance upon the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Site, those who provide Content to the Site, or any third parties mentioned on the Site are advised of the possibility of such damages.

 

User Content and Submissions

 

Any information that is or may be considered personal information that you are required to submit to provide a comment on the Site or that you provide in the content of a comment submitted to the Site is information you have provided voluntarily for the sole purpose of providing your own opinion or comment with respect to certain Content, and in providing this information you do so understanding that it is governed by the Site’s privacy and protection of personal information policy (the “Privacy Policy”).  To the extent there is an inconsistency between these terms and conditions and the Privacy Policy, these Terms and Conditions shall govern.

 

The Site contains functionality and other interactive areas such as comments associated with specific Content (collectively "Public Areas") that allow users to post or upload content and other information, including comments, images, questions, reviews, and other materials (the “User Content”).  You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas that infringe or violate any rights of any party.  By submitting communications or User Content to the Public Areas, you agree to comply with these Terms and Conditions.  The Site reserves the right to remove User Content for any reason, including User Content that we believe violates these Terms and Conditions or our other policies.  By submitting any communications or User Content to the Public Areas, you further agree that such submission is non-confidential for all purposes. 

 

The Site also provides Users with the ability to provide communications and User Content to the Site by way of e-mail.  You agree that the content of any e-mail provided to the Site, including any attachment, including any business information, idea, concept or invention is all being provided by you on a voluntary basis and is non-confidential for all purposes.

 

If you make any submission or post User Content to a Public Area or if you submit any content whatsoever by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted the Site and its owner a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content or other content in any media or medium, or any form, format, or forum now known or hereafter developed and the Site or the owner of the Site may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any submission, User Content or other content provided by e-mail private or proprietary, do not submit them to the Public Areas or to the Site by email.

 

If you wish to post or upload media (like photos, videos, or audio) by way of a Public Area or to the Site by e-mail, you confirm you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

 

To protect your privacy, you agree that you will not submit any media that contains personally identifiable information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.  By uploading any media on the Site by way of a Public Area or to the Site by way of e-mail, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

 

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions. You also will not post any advertisement or solicitation for business.

 

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Site.

 

By uploading any media on the Site or to the Site by way of an e-mail: (a) you grant to the Site and the Site’s owner a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes the Site and the Site’s owner to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify the Site and its owner and its affiliates, directors, officers and employees, as any of the foregoing may be applicable, and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Terms and Conditions.

 

The Site reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

 

If you use, or post User Content on, a Public Area or disseminate any information or content to the Site by way of e-mail, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. The Site and its owner are not responsible for the consequences of any communications in the Public Areas.   In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a Public Area for any purpose in violation of local, municipal, provincial, national, or international laws;

  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by the Site in its sole discretion;

  4. Posting advertisements or solicitations of business;

  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

  6. Posting chain letters or pyramid schemes;

  7. Impersonating another person;

  8. Distributing viruses or other harmful computer code;

  9. Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;

  10. Allowing any other person or entity to use your identification for posting or viewing comments

  11. Posting the same note more than once or "spamming"; or

  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of the Site, exposes the Site, it’s owner, or any of the users of the Site to any liability or detriment of any type.

 

The Site reserves the right (but is not obligated) to do any or all of the following:

  1. Record the dialogue in a Public Area;

  2. Investigate an allegation that a communication(s) do(es) not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the communication(s);

  3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;

  4. Terminate a user's access to any or all Public Areas and/or the Site upon any breach of these Terms and Conditions;

  5. Monitor, edit, or disclose any communication in the Public Areas;

  6. Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards; or

  7. Notify law enforcement authorities with respect to any actual or suspected breach of these Terms and Conditions, and provide such authorities with all personal information, User Content and other content or information associated with such breach.

 

Notwithstanding the foregoing actions the Site may take, the Site and its owner shall have no liability or responsibility to users of the Site or any other person or entity for performance or non-performance of the aforementioned activities.

 

Advertisements, Searches, and Links to Other Sites

 

The Site may provide links to third-party web sites.  The Site may agree to allow advertisers to include advertisements or sponsored content on the Site accessible to users. The Site does not recommend and does not endorse the content on any third-party websites, nor such advertisements or sponsored content. The Site is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided with Content, or third-party advertisements, and does not make any representations regarding their content or accuracy or the quality of the goods or services offered in conjunction therewith. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. The Site does not endorse any good or service referred to in the Content or associated with advertising on the Site, or associated with a third-party site.

 

Indemnity

 

You agree to defend, indemnify, and hold the Site and its owner harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, all legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site; or, (b) your use of Content made available on the Site; or, (c) your reliance on any Content or User Content available on the Site; or, (d) any User Content you post or upload; or, (d) your violation of these Terms and Conditions.

 

Jurisdiction

 

You expressly agree that exclusive jurisdiction for any dispute with the Site or its owner, or in any way relating to your use of the Site or Content, resides in the courts of the Province of Ontario and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Ontario in connection with any such dispute including any claim involving the Site or its owner. 

 

These Terms and Conditions are governed by the laws of the Province of Ontario, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

Complete Agreement

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Except as expressly provided in a particular "legal notice" on the Site, these Terms and Conditions and the Privacy Policy constitute the entire agreement between you and the Site with respect to the use of the Site, Content, and all other matters referred to in these Term and Conditions.

 

Thank you for your cooperation. We hope you find the Site helpful and convenient to use!

 

Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using nmoore.communications@gmail.com.

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