(i) Your use of the Web Site is at your own risk. The Web Site is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of merchantability, fitness for a particular purpose, performance or durability, all of which are hereby disclaimed by thinresidency.com and the providers to the fullest extent permitted by law.
(ii) You (and not thinresidency.com or the providers) assume the entire cost of all necessary servicing, repair or correction to any computer or other equipment arising from, connected with, or relating to your use of the Web Site.
(iii) The operation of the Web Site may be affected by numerous factors beyond thinresidency.com's control. The operation of the Web Site may not be continuous or uninterrupted and privacy risks cannot be eliminated.
(iv) Thinresidency.com is under no obligation to verify the identity of users of the Web Site.
(v) Without limiting the generality of the foregoing, thinresidency.com and its Providers make no representation, warranty or condition that:
· The Web Site will be compatible with your computer and related equipment and software;
· The Web Site will be available or will function without interruption or will be free of errors or that any errors will be corrected;
· The information available on or through the Web Site will be accurate, complete, sequential, or timely;
· Certain or any results may be obtained through the use of the Web Site; or
· The use of the Web Site, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms or other destructive or disruptive components;
7. Liability Exclusion, Liability Limitation, Release and Indemnity
Thinresidency.com and its Providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Web Site by you or any other person, and regardless of any negligence or other fault or wrongdoing by thinresidency.com or any provider or any person for whom thinresidency.com or its Providers are responsible, and notwithstanding that thinresidency.com or its Providers may have been advised of the possibility of such loss or damages being incurred by you or any other person.
(i) Liability Limitation
In no event will thinresidency.com's or any of its Providers' total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by thinresidency.com or any person for whom thinresidency.com is responsible, exceed $25 (cdn) or the amount you paid to thinresidency.com for the use of the Web Site, whichever is less.
(ii) Release
You hereby release, remise and forever discharge each of thinresidency.com and its providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Web Site.
(iii) Indemnity
You agree to indemnify, defend and hold harmless each of thinresidency.com and its providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons (collectively, the "Indemnified Parties") from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with your use of the Web Site or your breach of this agreement. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defense of any such claim or demand.
Advice and information provided by thinresidency.com or its representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend this agreement, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and you may not rely upon any such advice or information.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this agreement survive indefinitely after the termination of this Agreement.
8. Login Names and Passwords
Web Site accounts may be accessed only by use of a unique login name and password. The use of a password does not restrict access by thinresidency.com and its Providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must log-out at the end of each session.
You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with this Agreement.
You must immediately notify thinresidency.com of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
Thinresidency.com is not under any obligation to verify the actual identity or authority of the user of any login name or password. THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.
It is mandatory that any persons issuing user names and passwords must not do so by email, since this is not a secure delivery method. All usernames and passwords must be issued in person and the recipients identity confirmed in person by a designated member of the department.
You must respond promptly to all email and other correspondence from thinresidency.com, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Web Site.
9. Termination of this Agreement and the Web Site
If you breach any provision of this Agreement, you may no longer use the Web Site. Thinresidency.com may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Web Site or any part of it or any of its features at any time, for maintenance reasons, by giving a 24 hour notice or liability to you or any other person.
10. Infomation Submission
All information you provide through the Web Site, including registration information (name and email address) and resident-related information, must be true, accurate, current and complete. Thinresidency.com will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, thinresidency.com or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information.
11. Ownership and Permitted Use of he Web Site
The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Web Site are the property of thinresidency.com, its Providers and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content. You may only use the Web Site in the manner described specifically in this Agreement.
The Web Site may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of thinresidency.com. You may not use any of the software that is used in the operation of the Web Site except while you are use the Web Site. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site (including the software used in the operation of the Web Site) or access to the Web Site.
The Web Site is made available to you for your lawful use only. You may access and browse the Web Site using the latest commercially available Web browser software, such as Netscape Internet Explorer or Mozilla. You must install all security patches immediately when available. You may not print, download or save any pages of the Web Site for your personal use, except the tutorial, help, and legal pages. All other information is strictly confidential and any printing or saving of these documents may result in disclosure of patient information for which you will be held solely responsible. Where permitted, you may not modify any of the Web Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers of documents printed or downloaded.
12. Personal Information Privacy
Thinresidency.com collects, uses, and discloses your personal information in accordance with its Privacy Policy. Thinresidency.com may change the Privacy Policy from time to time in its sole discretion. By accepting this Agreement, and each time you use the Web Site, you consent to thinresidency.com's collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then exists without any further notice or any liability to you or any other person.
13. Trademark Information
The Thinresidency.com logo and ThinClient Corp, are registered and unregistered trademarks and trade names owned by ThinClient Corp. and licensed to thinresidency.com. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade names, trademarks and service marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the Web Site, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Web Site.
14. Other Sites
The Web Site may include advertisements for, and links to, other Web Sites or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from thinresidency.com and ThinClient Corp. has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Thinresidency.com does not sponsor or endorse any Other Sites or their content or the goods or services available through those other Web Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against thinresidency.com arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and thinresidency.com, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.
15. linking and Framing the Web Site
Links to the Web Site without the express written permission of thinresidency.com are strictly prohibited. To request permission to link to the Web Site, please contact support@thinresidency.com. Thinresidency.com reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.
16. Software Agreements
Thinresidency.com may cause software to be available for you to download from the Web Site or through other Web Sites, including Web Sites operated by Providers. The software is protected by copyright, and your downloading and use of the software are governed by the applicable the Software License Agreement specific to the software. By downloading software, you signify your Agreement and acceptance of the applicable Software License Agreement.
17. Governing Law and Dispute Resolution
The Web Site is controlled by Thinclient Corp. from Montreal, Quebec. This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of the Province of Quebec, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
18. Other Matters
Any dispute between thinresidency.com and you or any other person arising from, connected with or relating to the Web Site, this Agreement or any related matters must be resolved before the Courts of Quebec sitting in the City of Montreal, Quebec, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will enure to the benefit of and be binding upon each of thinresidency.com and its Providers and each of their respective successors and assigns and related persons, including without limitation, you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of thinresidency.com, which may be withheld in thinresidency.com's sole discretion.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
You and thinresidency.com are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent express�ent que ce Contrat et tous les documents qui s'y rapportent soient r�iges en anglais.
Any rights not expressly granted by this Agreement are reserved to thinresidency.com.
This Agreement is subject to change without notice.