User Agreement (the "Agreement")
This Agreement sets out the terms pursuant to which any individual,
group, corporation, company, organization or association (a"User")
may use The Dr. Jay Charitable Foundation
(hereinafter "Dr. Jay") web site and
its associated services.
Use of Site
Neither this site, nor any portion thereof may be reproduced, duplicated,
copied, sold, encumbered, assigned or otherwise exploited for any commercial
purpose that has not been expressly permitted by Dr.
Jay. If Dr. Jay reasonably believes
that a User's conduct violates any applicable law or may be detrimental
to the interests of Dr. Jay, its affiliates,
any other User, or any listed service, Dr.
Jay reserves the absolute right to do any thing that it considers
necessary to address that conduct. For greater clarity, and without limiting
the generality of the foregoing, Dr. Jay reserves
the right to refuse service, terminate a User's access to the site,
terminate a User's account, and/or cancel an information request.
The phrase "conduct detrimental to the interests of Dr.
Jay" will include the submission by a User, of any
false or potentially misleading information whatever.
Intellectual Property Rights/Copyright
All rights, titles and interests in and to this site, including without
limitation all text, the compilation of content, graphics, logos, button
icons, images, audio-clips, and software, including all proprietary rights
therein including all patent rights, trade secrets and copyrights, shall
remain the exclusive property of Dr. Jay or
any listed service and is protected by Canadian and international copyright
law, including the Berne Convention.
This site and the content thereof, may be used in the planning, organizing
and execution of corporate and private events. Any other use, including
the reproduction, modification, imitation, distribution, transmission,
publication, or display of any site content, is strictly prohibited. No
interest, license or any right respecting the Information, other than
expressly set out herein, is granted to a User under this Agreement
by implication or otherwise.
Dr. Jay respects the intellectual property
rights of others and would not knowingly infringe on such rights. However,
if you reasonably believe that your intellectual property rights have
been violated in a manner that constitutes copyright or trademark infringement,
please provide Dr. Jay with notice containing
the following information:
- A description of the copyrighted work or trademark that has been allegedly
- A description of where the allegedly infringement material is located
on the Dr. Jay site;
- The name or authorized agent of the owner of the copyright or trademark
interest in question;
- Contact information, including the name, address, telephone number,
fax number and email address of the legal representative of the owner
of the copyright or trademark interest in question;
- A signed good faith statement that the materials in question have
been used in violation of a valid copyright or trademark interest; and
- A signed statement attesting that the information contained in the
notice is accurate and that the signatory is or acting on behalf of
the owner of the intellectual property in question.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, DR. JAY PROVIDES THIS SITE TO
A USER, AND PROVIDES THE EQUIPMENT, THIRD PARTY SOFTWARE AND SERVICES
TO A USER ON AN "AS IS" BASIS. DR. JAY EXPRESSLY DISCLAIMS ANY AND
ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES
AND CONDITIONS OF QUALITY, PERFORMANCE, MERCHANTABILITY, DURABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE
IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. LM DOES NOT REPRESENT
OR WARRANT THAT (i) THE CONTENT, INFORMATION, OR PRODUCTS WILL MEET USER'S
BUSINESS REQUIREMENTS, OR (ii) THE OPERATION OF THE SITE WILL BE VIRUS-FREE
OR ERROR-FREE OR UNINTERRUPTED OR THAT THE RESULTS OBTAINED FROM ITS USE
WILL BE ACCURATE OR RELIABLE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE
OF THE SITE IS ASSUMED BY A USER.
Limit of Liability
(a) IN NO EVENT WILL DR. JAY, OR ANY THIRD PARTY SERVICE OR DISTRIBUTOR
BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR
DAMAGE, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF
COVER, DAMAGES FOR DELAY, PUNATIVE OR EXEMPLARY DAMAGES, FAILURE
TO REALIZE EXPECTED PROFITS OR SAVINGS, LOSS OF ENJOYMENT OR ANY CLAIM
AGAINST EVENT ORGANIZER BY ANY OTHER PERSON WHICH ARISES OUT OF OR IS
IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS SITE OR THE CONTENTS THEREOF,
(ii) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY
TO USE ANY COMPONENT OF THIS SITE FOR INFORMATION OR RESERVATIONS), OR
(iii) THE PERFORMANCE OR NON-PERFORMANCE BY DR. JAY OR ANY THIRD PARTY
PROVIDER OR DISTRIBUTOR, (EVEN IF DR. JAY HAS BEEN ADVISED OF THE POSSIBILITY
OF ANY SUCH LOSSES OR DAMAGES).
(b) Dr. Jay shall be liable to a User
as expressly provided in this Agreement but shall have no other
obligation, duty, or liability whatsoever in contract, tort or otherwise
to a User including any liability for negligence. The limitations,
exclusions and disclaimers in this Agreement shall apply irrespective
of the nature of the cause of action, demand, or action by a User,
including but not limited to breach of contract, negligence, tort, or
any other legal theory and shall survive a fundamental breach or breaches
or the failure of the essential purpose of this Agreement or of
any remedy contained herein.
(c) Neither party shall be responsible or liable for any loss, damage
or inconvenience suffered by the other or by any third person, to the
extent that such loss, damage or inconvenience is caused by the failure
of the other party to comply with its obligations under this Agreement.
(d) Neither party may bring an action, regardless of form, arising out
of or related to this Agreement (other than to recover fees or
expenses due to Dr. Jay) more than two (2)
years after the cause of action has arisen or the date of discovery of
such cause, whichever is later.
(e) a User agrees to indemnify and hold Dr.
Jay harmless from and against any claims, suits, actions or proceedings
(a "Claim") brought and judgments awarded against Dr.
Jay by any client of a User or an Affiliate of a User
or any other person or entity in respect of which the site information
is used to the extent that such Claims are based upon any loss
or damage suffered by such persons as a result of such use of the site.
Dr. Jay shall give a User prompt written
notice of such Claims, permit a User to defend and/or settle
such claims, and give a User all information and assistance reasonably
requested by a User in connection with such claims. Affiliates
shall not have the right, and a User shall ensure that Affiliates
do not, institute any claim directly against Dr. Jay
under or related to this Agreement.
been read, and that the terms thereof are incorporated herein. Further,
the User agrees and acknowledges that the terms of the privacy
policy are reasonable and consents to the use of their personal information
Comments & Reviews
Dr. Jay invites a User to post reviews
of and comments regarding the services and products featured on the site. A
User who posts such a review or comment agrees and acknowledges
by doing so, Dr. Jay has been granted a perpetual,
non-exclusive, irrevocable, assignable, royalty-free, and fully sub-licensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works therefrom, distribute and display such reviews and comments, and
any information contained therein, in any fashion whatsoever, at the sole
discretion of Dr. Jay.
This Agreement shall be governed by and construed in accordance with
the laws of the Province of Ontario and the laws of Canada applicable thereto
without reference to its conflict or choice of law rules or principles.
The parties hereby submits to the exclusive jurisdiction of the courts of
the Province of Ontario for any legal action arising out of this
Agreement or the performance of the obligations hereunder or thereunder.
Regardless of an User's residency, citizenship or location, this
Agreement shall be deemed to be made in the Province of Ontario and
the User agrees not to commence any action, suit or proceeding against
Dr. Jay or any affiliate of Dr.
Jay or any of their employees, officers or directors in any jurisdiction
other than the Province of Ontario.
No modification, addition to or waiver of any rights, obligations
or defaults shall be effective unless in writing and signed by the party
against whom the same is sought to be enforced. One or more waivers
of any right, obligation or default shall not be construed as a waiver
of any subsequent right, obligation or default. No delay or failure
of Dr. Jay in exercising any right hereunder
and no partial or single exercise thereof shall be deemed of itself to
constitute a waiver of such right or any other rights hereunder.
The parties agree that it is the intention of each party not to violate
any public policy, statutory or common law or government regulation.
To the extent that any provision, portion or extent of this Agreement
is deemed to be invalid, illegal or unenforceable, such provision, portion
or extent shall be severed, deleted or limited so as to give effect to
the intent of the parties insofar as possible and the parties will use
their best efforts to substitute a new provision of like economic intent
and effect for the illegal, invalid or unenforceable provisions and the
remainder of this Agreement, as the case may be, shall remain binding
upon the parties.
Dr. Jay reserves the right to change the web
site, services, products displayed, disclaimers, terms and conditions
at any time and at its sole discretion and without notice to Users.
The parties hereto have requested that this Agreement be drafted
in English. Les parties aux présentes ont exigé que le présent contrat
soit rédigé en langue anglaise.
information from its users, as well as providing a description of the
manner in which the site uses this information.
Dr. Jay has published this policy so that you,
the visitors and users of our site, will understand the importance of
your patronage to our company. Dr. Jay knows
that you place your trust in our company when you provide us with your
personal information, in return Dr. Jay wishes
to let you know how we are safeguarding your information and the ways
in which we would like to use your information.
What information does Dr. Jay collect from its users?
As you navigate the Dr. Jay site, various
prompts will request different information from you (e.g. selecton of
an event, and so on).
The amount and type of information you will provide is dependent upon
the type of services you use on the Dr. Jay
web site. You may be asked to provide the following information:
- Your name
- Your email address
- Your contact information (i.e. address, telephone number)
- Your credit card number
While not all the information provided by Users is submitted
directly to Dr. Jay, Dr.
Jay uses a type of user identifier known as a "cookie".
Cookies are used to identify and record the virtual address of the computer
used by a user to access the Internet and the Dr.
Jay web site.
What does Dr. Jay do with the information gathered?
Dr. Jay does not sell or provide any of the
User information provided to management firms, market research companies
or any other third party.
Dr. Jay may also
use a User's information in the following fashions:
IP addresses may be used to assist in the diagnosis of problems with
the Dr. Jay server, to aid in the administration
of the Dr. Jay site, or to ensure that
an user is not annoyed by the repetitive display of an advertisement.
Dr. Jay may place a cookie on a User's
computer hard drive, so that the Dr. Jay
system will be able to remember a User's preferences, login
information and passwords, essentially to personalize a User's
experience with the Dr. Jay site. The cookie
also allows Dr. Jay to provide content
specific information to an user in the form they prefer. If a User
would prefer not to have a cookie placed on their hard drive, this
function can be disabled through the User's web browser.
To provide User's with preference based direct marketing of
promotional events and products available through the Dr.
Jay web site, to contact users in respect interests identified
by users, to provide updates regarding the site and to provide users
with special offers from Dr. Jay or its
affiliates. User's can opt out of this feature.
Jay reasonably believes that a User's conduct violates any
applicable law or may be detrimental to the interests of Dr.
Jay, its affiliates, any other User, or any listed service.
For greater clarity, conduct detrimental to the interests of Dr.
Jay" will include the submission, by a User, of any
false or potentially misleading information whatever. In such a case,
Dr. Jay reserves the right to advise any or
all of the listed parties of the User's name and other identifying