Legal Terms and Conditions
This legal agreement is included with every new registration and membership application. Please review the Terms and Conditions below before signing up for our service.
The Service consists of a browser interface, data encryption, data transmission, data access (as available) and, if applicable, synchronization software and data storage. You are responsible for obtaining and maintaining all of your own computer hardware, software and communications equipment needed to access this Service, and for paying all third-party access charges (e.g., ISP, telecommunications) incurred while using the Service.
insurancelink.ca makes no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. insurancelink.ca will inform You of any significant changes to the Service or the terms and conditions of this Agreement that it may make from time to time.
2.Use of Proprietary Software
Subject to the terms and conditions of this Service Agreement, insurancelink.ca grants to You an individual, personal, non-sublicensable, non-exclusive and non-transferable license to use insurancelink.ca's proprietary software, courseware, and all templates included therein (collectively, the "insurancelink.ca Software"), solely in conjunction with this Service Agreement. In addition, all forms provided or made available to You are solely for use by You in connection with the Service. You will not, and will not permit others to, whether directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the insurancelink.ca Software (except to the extent that such activities may not be prohibited under applicable law); (ii) modify, translate, or create derivative works based on the insurancelink.ca Software; (iii) rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the insurancelink.ca Software; (iv) use the insurancelink.ca Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; (v) remove any proprietary notices or labels on the insurancelink.ca Software; and (vi) use insurancelink.ca Software in order to gain competitive information on the Service or to provide such information to others. Because the insurancelink.ca Software is proprietary to insurancelink.ca, You agree not to publish or disclose to third parties any evaluation of insurancelink.ca's Software without insurancelink.ca's prior written consent. You acknowledge that insurancelink.ca retains exclusive ownership throughout the world of all insurancelink.ca Software, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this license will terminate, and You, and any user accessing the Service by means of a company account, if applicable, will cease to use or have access to the insurancelink.ca Software.
3.Restrictions and Policies
You will not use the Service in any way for spamming, chain letters, junk mail or distribution lists to contact any person who has not given specific permission to be included in such. You agree not to transmit or permit Your employees to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. You will only use the Service for lawful purposes, in compliance with all applicable laws including, without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include (without limitation) storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm. You hereby agree to defend, indemnify and hold insurancelink.ca harmless against any claim or action that arises from Your use of the Service in an unlawful manner or in any manner inconsistent with the restrictions and policies stated herein.
insurancelink.ca's privacy and security policies may be viewed at http://www.insurancelink.ca/Privacy.html and http://www.insurancelink.ca/Security.html (as noted in the webpage's footer). insurancelink.ca reserves the right to modify its privacy and security policies in its reasonable discretion from time to time.
C.Data Backup and Security.
insurancelink.ca shall use reasonable and prudent efforts to protect Your data behind a secure firewall system, to conduct regular data backups, and to store weekly full-system backups in a separate facility. Security patches required to maintain data integrity on the Internet will maintained and applied as per generally accepted security administration guidelines.
insurancelink.ca shall provide e-mail support with 24/7 access and a response to your query within two business days. An FAQ (frequently asked questions) document is also available at http://www.insurancelink.ca/FAQ.html.
5.Provision of Contact and Billing Information and Payment of Fees
You agree to provide insurancelink.ca with accurate billing information and with truthful, accurate, and complete contact information, including Your legal name, street address, and e-mail address, and to update this information within 30 days of any change to it. If the contact information You have provided is false or fraudulent, insurancelink.ca reserves the right to terminate Your access to the Service immediately without any obligation to return Your data.
Customer shall pay all fees or charges to its account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total User licenses requested times the User license fee currently in effect. Payments are annuals subscriptions payable in advance. License fees are nonrefundable whether or not User licenses are actively used. Customer must provide insurancelink.ca with a valid credit card as a condition to signing up for the Service. Added licenses will be subject to the following: (i) added licenses will be coterminous with the preexisting License Term (either Initial Term or renewal term) (ii) the license fee for the added licenses will be the then current, generally applicable license fee. insurancelink.ca reserves the right to change the fees, applicable charges and usage policies and to introduce new charges at any time with 15 days prior notice as posted on the website.
6.Billing and Renewal
insurancelink.ca charges and collects in advance for use of the Service. Unlike a typical insurance policy, insurancelink.ca does NOT automatically renew or bill Customer's credit card or issue an invoice to Customer each year on the subsequent anniversary for annual licenses. Fees for other services will be charged on an as-quoted basis. insurancelink.ca's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer shall be responsible for payment of all such taxes, levies, or duties.
For credit card payments, Your account will be considered delinquent if Your credit card company refuses, for any reason, to pay the amount billed to it and that amount remains unpaid at the beginning of the next billing cycle. Your access to the Service may be suspended or terminated if Your account is delinquent. insurancelink.ca may impose a charge to restore archived data from delinquent accounts. Unpaid charges are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. Any account which is suspended for more than thirty (30) days will be terminated without any obligation on the part of insurancelink.ca to maintain Your data.
If You believe insurancelink.ca has billed You incorrectly, You must contact insurancelink.ca in writing no later than thirty (30) days after the Billing Date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.
7.Passwords and Security
You will choose or be given all applicable passwords to use in connection with the Service. You are entirely responsible for maintaining the confidentiality of Your passwords and account (including, if applicable, the passwords and accounts of each user accessing the Service by means of an account established by You). Furthermore, You are entirely responsible for any and all activities that occur under Your account (including, if applicable, the accounts of each user accessing the Service by means of an account established by You), and You shall ensure that You exit from Your account at the end of each session. You shall notify insurancelink.ca immediately of any unauthorized use of Your account (including, if applicable, the accounts of each user accessing the Service by means of an account established by You) or any other breach of security of which You are aware. insurancelink.ca cannot and will not be liable for any loss or damage arising from Your failure to comply with these requirements.
This Agreement commences on the Effective Date. The Initial Term of this Agreement will be one year as determined during the online subscription process, commencing on the date Customer agrees to pay for the Service by completing the online subscription form. This Agreement will automatically renew, for a term equal in duration to the Initial Term, upon the expiration of the Initial Term or any renewal term. Either party may terminate this Agreement or reduce the number of licenses, effective upon the expiration of the then current term, by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. Customer agrees and acknowledges that insurancelink.ca has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.
9.Termination for Cause
Any breach of Customer's payment obligations or unauthorized use of the insurancelink.ca Technology or Service will be deemed a material breach of this Agreement. insurancelink.ca, in its sole discretion, may terminate Customer's password, account or use of the Service if Customer breaches or otherwise fail to comply with this Agreement. In addition, insurancelink.ca may terminate a free account if Customer does not first log on within 30 days after registration or if 90 days have passed since Customer last logged on. Customer agrees and acknowledges that insurancelink.ca has no obligation to retain the Customer Data, and will delete such Customer Data, if Customer has materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
10.Warranty and Disclaimer
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND insurancelink.ca DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND insurancelink.ca SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME PROVINCES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. insurancelink.ca DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR NETWORK, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE OR insurancelink.ca SOFTWARE.
11.Limitation of Liability
insurancelink.ca'S TOTAL LIABILITY WITH RESPECT TO THE SUBJECT MATTER OF THIS SERVICE AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY YOU TO insurancelink.ca FOR THE SERVICE UNDER THIS SERVICE AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY. NEITHER insurancelink.ca NOR ITS LICENSORS, SHALL BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF insurancelink.ca HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.Third Party Linking
insurancelink.ca may, at its election, provide links from the Service to other world wide web sites or resources. Because insurancelink.ca has no control over such sites and resources, You acknowledge and agree that insurancelink.ca is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that insurancelink.ca shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
This Agreement is between insurancelink.ca and You, and is not for the benefit of any third party, whether directly or indirectly (including, if applicable, any user accessing the Service by means of an account established by You). The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by You except with insurancelink.ca's prior written consent. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF CANADA WITHOUT REGARD TO THE CONFLICT OF LAWS PROVISIONS THEREOF. YOU AND insurancelink.ca AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN CANADA. You and insurancelink.ca agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous or contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind insurancelink.ca in any respect whatsoever. insurancelink.ca accepts all orders for the Service in Canada and reserves the right to refuse any order for the Service for any or no reason. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. It is the express will of the parties that this Agreement and all related documents have been drawn up in English.