PLEASE READ THIS TERMS OF USE AGREEMENT (THE "TERMS OF USE") CAREFULLY BEFORE ACCESSING THIS WEBSITE ("SITE"). BY USING THE SITE, YOU SIGNIFY AND ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND AGREE THAT THE TERMS OF USE CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND WBArchive.ca, AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PLEASE DO NOT ACCESS THE SITE.
Age Restrictions
Registration and participation on the Site is restricted to those individuals over 18 years of age, or those who possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the Site, you hereby represent that you are over 18 years of age or in possession of consent by a legal parent or guardian and have the authority to enter into the terms herein. In any case, you affirm that you are over the age of 13 as the Site is not intended for children under 13. If you are under 13 years of age, do not use the Site. In addition, those who wish to register and participate must meet the minimum requirements laid out in the Terms of Use (this document.) If you do not qualify or do not agree to these terms, you may not use the Site.
Right of Modification
We reserve the right to change or modify the Terms of Use at our sole discretion at any time. Any change or modification to the Terms of Use will be effective immediately upon posting by us. Your continued use of the Site after publication of such modifications, with or without notification, constitutes binding acceptance of these modified Terms of Use.
Disclaimer
The Site may include the personal opinions and other expressions of the persons who post entries on a wide range of topics ("User Content"). Neither the User Content on the Site, nor any links to other websites, are screened, moderated, approved, reviewed or endorsed by WBArchive.ca or its partners. You agree that WBArchive.ca and any of its partners are not responsible or liable for the content of any postings therein. WBArchive.ca reserves the right (but not the obligation) to remove any content in its discretion.
Rules for Online Conduct
You agree to use the Site in accordance with all applicable laws. In addition, as a condition of accessing the Site, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site other than as expressly allowed under these Terms of Use; (b) use WBArchive.ca’s, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Site (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Site, place pop-up windows over its pages or otherwise affect the display of its page; or (e) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
Permission to Use Materials
In consideration for your agreement to the terms and conditions contained here, WBArchive.ca grants you a personal, non-exclusive, non-transferable license to access and use the Site. You may download material from the Site only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material, nor may you modify or create derivatives works of the material. The burden of determining that your use of any information, software or any other content on the Site is permissible rests with you.
Links to Other Sites
The Site may include hyperlinks to sites maintained or controlled by others. WBArchive.ca is not responsible for nor do they routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites.
Affiliate Marketing Links
The Site may include system-generated affiliate marketing hyperlinks and WBArchive.ca receives commission or other compensation from sales of linked products or services. The Site content is not influenced by advertisers or affiliate partnerships in any way and WBArchive.ca is not responsible for nor do they routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites.
Jurisdiction and Governing Law
The Site is managed by WBArchive.ca, located in Ontario, Canada. If you choose to access the Site from another location, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or in connection with these Terms and Conditions or the Site shall be filed only in the provincial or federal courts located in Ontario, Canada and hereby submit to the nonexclusive jurisdiction of such courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.
Disclaimer of Warranty / Limitation of Liabilities
THE SITE AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WBArchive.ca ITS STAFF ("THE PARTIES") DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. THE PARTIES DO NOT WARRANT THAT SITES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE PARTIES DO NOT WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON SITE WILL BE CORRECTED. NONE OF THE PARTIES MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITE, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE SITE MAY BE IMPAIRED. THE PARTIES DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE SITE OR ANY INFORMATION OR SERVICES RELATED TO THEM.
YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SITE OR SUCH INFORMATION OR SERVICES IS AT YOUR OWN RISK.
EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT THE PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THE SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE SITE.
EXCEPT AS PROHIBITED BY LAW, THE PARTIES WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OR INABILITY TO USE THE SITE, DATA LOSS OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO WBArchive.ca'S ABILITY TO MAKE THE SITE AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Copyright Policy
If you believe in good faith that materials on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow WBArchive.ca to locate the material on the Site; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright notices with respect to the Site should be sent to copyright@wbarchive.ca.
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims.
Indemnification
You agree to indemnify, defend and hold harmless WBArchive.ca and its partners, affiliates, and each of their respective officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable legal fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Site in violation of the Terms of Use; or (b) your violation of any law or rights of any third party.
Termination Rights
You agree that each of WBArchive.ca and its partners, in their sole discretion, may terminate your use of the Site or your participation in it thereof, for any reason or no reason and that none of the Parties shall have any liability to you for any such action. You further acknowledge that your sole relationship with WBArchive.ca and its partners is as defined in these Terms of Use.