Intellectual Property and Permitted Use
First Avenue is the owner or authorized user of all intellectual property rights in the Website and all content displayed on the Website. All information at the Website is protected under the copyright laws and other intellectual property laws of Canada and other countries. You may display on your computer, download and print pages of the Website, provided: (i) the words “copyright First Avenue” appears on all material that is so printed; (ii) the information will not be altered in any manner; and (iii) your use of such pages is only for personal and non-commercial use. Other than in accordance with the foregoing, no one has permission to copy, redistribute, reproduce or republish in any form, any content displayed at the Website. All trademarks, logos, and service marks (the “Trademarks”) displayed on the Website are registered and unregistered trademarks of First Avenue and others, and may not be used by you in any way without the express written permission of First Avenue or the owner of such Trademark.
User Contributions to Website
You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libellous, defamatory, obscene, pornographic, hateful, malicious or other material that would violate any applicable law, or otherwise be in violation of the intellectual property rights of others. First Avenue welcomes ideas and/or suggestions for improvements or additions to the Website, all of which will be subject to the Terms. Any and all ideas, suggestions and/or submissions forwarded or disclosed by you or on your behalf to First Avenue are made with the specific understanding that: (a) same will not be subject to any obligation of confidentiality or expectation of compensation, (b) any and all rights that you may have in such ideas, suggestions and/or submissions are absolutely waived, (c) you represent and warrant to us that such ideas, suggestions and/or submissions are wholly original with you, that no one else has any rights in and to same, and (d) First Avenue is free to implement the ideas, suggestions and/or submissions as it may from time to time desire, without obtaining permission or license from any third party.
E-mail Messages and Security
Availability of Service
The services provided under the Website may be limited or discontinued at any time by First Avenue at its discretion and without notice.
The Website may provide links to third party websites, and some of the content appearing on the Website may be supplied by third parties by way of framing, metatagging or otherwise linking to other websites. First Avenue shall not be responsible for any such content or information, nor shall it be liable for any damages incurred from viewing such linked websites, including without limitation, damages caused by computer viruses, Trojan horses or other intrusive, destructive or disruptive codes which may be downloaded from such linked websites. First Avenue does not endorse any such linked website. If you have any concerns in visiting any particular website that is linked to the Website, please contact First Avenue and First Avenue will determine, in its discretion, if the link should be removed from the Website. You may not provide a link to the Website without the express written permission of First Avenue.
Any references on the Website to products, services or publications, other than those of First Avenue, do not imply the endorsement or approval of such products, services or publications by First Avenue.
Accuracy of Information
Although reasonable care has been taken to ensure the accuracy of the information on the Website, all Website content is provided on an ‘as is’ basis, without any warranties of any kind, express or implied.
Content on the Website is for informational purposes only, and is not intended to provide specific legal, financial or other similar advice, and should accordingly not be relied upon in that regard.
Limitation of Liability
In no event will First Avenue be liable for any damages whatsoever (including, without limitation, damages resulting from lost profits, loss of prospective economic advantage, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Website, any websites linked to the Website, or the content contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages, nor for any claim by another party/or parties.
Responding to Employment or Contract Postings
Employment and contract postings may be posted periodically on the Website for information purposes only and to invite prospective employees, trades or product or service vendors to apply for an employment position or submit information to First Avenue concerning their respective qualifications and/or products or services offered by them. Postings are not, in any way, to be construed as offers of employment or contract offers. First Avenue shall have no obligation to respond to any employment or contract applications submitted through the Website or to respond to information submitted through the Website pertaining to products or services offered to First Avenue. Postings may be removed or withdrawn without notice. In no event shall First Avenue be responsible for any inability to submit information pursuant to such postings.
If any provision of the Terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is unlawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions.
The Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the Province of Ontario by the courts of the Province of Ontario.