Terms of Use

multiVIEW Locates Inc.

Terms of Use

These Terms of Use are a legally binding set of rules about the use of www.multiview.ca and all related domains and microsites maintained, operated and owned by multiVIEW Locates Inc.

 


Acceptance of the Terms of Use

These terms of use are entered into by and between You and multiVIEW Locates Inc. and multiVIEW affiliates (collectively “multiVIEW,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.multiview.ca and all related domains and microsites (the “Website”), including any content, functionality, and services offered on or through the Website.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

 


Age Restrictions

You affirm that you are at least 18 (eighteen) years of age or older, and you are fully able and competent to form a binding contract with multiVIEW and meet all of the foregoing eligibility requirements in these Terms of Use. If you do not meet all of these requirements, you must not access or use the Website.‌  multiVIEW assumes no responsibility for liabilities related to age misrepresentation.

Geographic Restrictions

multiVIEW provides this Website for use only by persons located in Canada and the United States. multiVIEW makes no claims that the Website or any of its content is accessible or appropriate outside of Canada or the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Canada or the United States, you do so on your own initiative and are responsible for compliance with local laws.

Confidentiality

This Website is not a secure medium for communication. Any confidential, proprietary or sensitive information transmitted by a user by means of this Website may be read and copied by unauthorized persons. multiVIEW cannot ensure the privacy, accuracy and authenticity of any information or instructions you send to us or we send to you over the Internet. multiVIEW will not be responsible for any damages you may incur if you communicate confidential information to us over the Internet or if we communicate such information to you at your request.

Accessing the Website

multiVIEW reserve the right to withdraw or amend the Website, and any service or content we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

You are responsible for: i) making all arrangements necessary for you to have access to the Website; and ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Intellectual Properties

The Website and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively, the “Content”), are owned by multiVIEW, its licensors, or other providers of such Content and are protected by Canada, United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. Access or use of the Website Content for any public or commercial purpose (including, without limitation, on another website or through a networked computer environment) is strictly prohibited.

If you make copies of any of Content from our Website, you must retain and ensure any such copies contain all copyright and other proprietary notices contained in or applicable to the original Content. You may not modify, publicly display, publicly perform or distribute any Content displayed on our Website.

Any unauthorized use of the Website may violate copyright, trademark, and other laws. If you breach any of these Terms of Use, your authorization to use our Website automatically terminates and you will immediately destroy any downloaded or printed Content.

Trademarks

multiVIEW’s name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of multiVIEW or its affiliates or licensors. You must not use such marks without the prior written permission from multiVIEW. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Links from the Website

The Website may contains links to other sites and resources provided by third parties that are not under the control of or maintained by multiVIEW.  Any opinion, advice, article, publication statement, service, offer, or other information contained in any site that is linked to the Website in any way are the property of their authors or distributors, and not multiVIEW. We assume no responsibility for the quality, reliability or accuracy of the Content, or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Changes to the Website

multiVIEW may update the Content on its Website from time to time, but its Content is not necessarily complete or up-to-date. Any of the Content on the Website may be out of date at any given time, and we are under no obligation to update such Content.

Visitor Information Tracking

All information collected on the Website is subject to multiVIEW’s Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Unlawful Activity

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Website: i) to impersonate multiVIEW, any multiVIEW employee or entity, or misrepresent your affiliation with any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); ii) to respond or resell any Website Content or services by any means without multiVIEW’s prior written consent, including any “junk mail”, “spam”, or any other similar solicitation; iii) to send, knowingly receive, upload, download, use or re-use any Content that does not comply with the Intellectual Properties standards in these Terms of Use; iv) to violate any applicable federal, local or international law or regulation; and v) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by multiVIEW, may harm multiVIEW’s assets, subsidiaries, affiliates or users of the Website, or expose them to liability.

Additionally, you agree not to: i) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website; ii) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; iii) use any manual process to monitor or copy any of the material on the Website or for any other purpose not expressly authorized in these Terms of Use, without prior written consent from multiVIEW; iv) use any device, software or routine that interferes with the Website’s operation; v) introduce any malware (including, but not limited to viruses, Trojan horses, worms, etc.) or other material that is malicious or technologically harmful; vi) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server which the Website is stores, or any server, computer, or database connected to the Website; vii) attack the Website via Denial-of-Service (DoS) or a Distributed Denial-of-Service (DDoS) attack; or viii) otherwise attempt to interfere with the proper working of the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are advised to visit this page each time you access this Website so you are aware of the current Terms of Use because they are binding on you.

Enforcement Actions

multiVIEW has the right to: i) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and ii) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

YOU WAIVE AND HOLD HARMLESS MULTIVIEW AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. MULTIVIEW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.

MULTIVIEW MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS, OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES (COLLECTIVELY, “THE MULTIVIEW PARTIES”) SHALL CREATE ANY WARRANTY. WE DISCLAIMS ALL EQUITABLE INDEMNITIES.

Limitation on Liability

IN NO EVENT WILL ANY OF THE MULTIVIEW PARTIES BE LIABLE FOR (A) INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER OR HOWSOEVER CAUSED OR (B) ANY DIRECT DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA OR OTHER INTANGIBLE LOSSES), DIRECTLY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY MULTIVIEW PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY MULTIVIEW PARTY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF THE MULTIVIEW PARTY’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

‌‌Indemnification

You agree to defend, indemnify, and hold harmless multiVIEW Parties, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law & Jurisdiction

The Website is administered by multiVIEW from its office in Mississauga, Ontario. The Website can be accessed from all provinces and territories of Canada, as well as from the United States and other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, all matters relating to access to or use of, the Website or any website linked to the Website, and the Website Terms of Use, shall be governed and construed in accordance with the internal laws of the Province of Ontario and the laws of Canada applicable therein.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of Canada or the courts of the Province of Ontario, in each case located in the City of Toronto and/or the City of Mississauga, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, validity, breach, or termination or the business relationship created by it, to final and binding arbitration under the Rules of Arbitration of the Canadian Arbitration Association applying the Provincial Laws and Regulations of Ontario.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of multiVIEW to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and multiVIEW Locates Inc. and its subsidiaries and affiliates regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Questions or Feedback?

All inquiries, comments, requests for technical support, and other communications relating to the Website should be directed to: info@multiview.ca

 

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