WinRest™ Disclaimers
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WinRest.ca values
you as a customer and recognizes the need to
safeguard the personal information that you
provide in order to assist us in providing
products or services to you. This Privacy
Policy explains how WinRest.ca., collects,
uses and safeguards your personal
information.
Use of the Site
Access to and use of the WinRest.ca Site is
subject to all applicable international,
federal, state and local laws and
regulations. Unless otherwise specifically
indicated, you may download material
displayed on the WinRest.ca Site for
personal, non-commercial use only.
You may not distribute, modify, copy, publish, transmit, display, sell, license, use, reuse or create derivative works of any of the contents of or material displayed on the WinRest.ca Site for any public or commercial purpose without the written consent of WinRest.ca or any third party WinRest.ca deems necessary. You must retain all copyright and other proprietary notices on downloaded and/or copied material. Any copy of material from the WinRest.ca Site you make and distribute for any purpose must also include these Rules.
You may not access
or use the WinRest.ca Site in any way that
could or is intended to damage or impair the
WinRest.ca Site, or any server or network
underlying the WinRest.ca Site, or interfere
with anyone else's use and enjoyment of the
Site.
Copyrights and Other Proprietary Rights
You should assume that everything on the
WinRest.ca Site is copyrighted unless
otherwise noted and that it must not be used
except as provided in the Rules or with the
express written consent of WinRest.ca or any
third party WinRest.ca deems necessary.
WinRest.ca neither warrants nor represents
that your use of the material displayed on
the WinRest.ca Site will not infringe rights
of third parties. Any product, service,
program, or technology described on the
WinRest.ca Site may be the subject of other
intellectual property rights (including but
not limited to copyright, trademark, or
patent rights) owned by WinRest.ca. Any such
right that is not expressly licensed herein
is reserved by WinRest.ca.
Images of
people or places displayed on the WinRest.ca
Site are either the property of, or used
with permission by, WinRest.ca. Use of these
images by you or other third parties is
prohibited unless expressly permitted in the
Rules or elsewhere on the WinRest.ca Site.
Any unauthorized use of these images may
violate copyright laws, trademark laws, the
laws of privacy and publicity, and other
applicable regulations and statutes.
Any product, service, program or technology
described in any document published by
WinRest.ca on the WinRest.ca Site may be the
subject of other intellectual property
rights owned by WinRest.ca. Any such right
that is not expressly licensed hereunder is
reserved by WinRest.ca.
The
trademarks and copyrights not attributed to
WinRest.ca are the property of their
respective owners.
Trademarks and Brand
Names
The trademarks, logos and
service marks, whether registered or
unregistered (collectively the "Trademarks")
displayed on the WinRest.ca Site are
Trademarks of WinRest.ca and others. Nothing
contained on the WinRest.ca Site should be
construed as granting by implication,
estoppel, or otherwise, any license or right
to use any Trademark displayed on the
WinRest.ca Site without the written
permission of WinRest.ca or such third party
that may own the Trademark. Misuse of any
Trademarks, or any other content, displayed
on the WinRest.ca Site is prohibited.
WinRest.ca aggressively enforces its
intellectual property rights, including via
civil and criminal proceedings.
Submissions
Apart from your personal information (which
is addressed in the Privacy Policy, any
communication or material you send to the
WinRest.ca Site, electronically or
otherwise, including, but not limited to,
data, questions, comments, suggestions, or
submissions, is and will be treated as
non-confidential and non-proprietary, unless
otherwise stated in the Privacy Policy.
Please note that the WinRest.ca U.S.A. Web
site has a privacy policy that applies
specifically to it, and may contain
different terms.
Anything you send to
the WinRest.ca Site may be used by
WinRest.ca for any purpose including, but
not limited to, reproduction, transmission,
disclosure, publication, broadcast, and
posting. By submitting material to
WinRest.ca.com, you irrevocably transfer and
assign to WinRest.ca, and forever waive and
agree never to assert, any copyrights,
"moral" rights, or other rights that you may
have in such material. WinRest.ca is free to
use, without obligation of any kind, any
ideas, concepts, techniques, or know-how
contained in any communication you send to
the WinRest.ca Site for any purpose
whatsoever, including, but not limited to,
developing, manufacturing, and marketing
products and services.
By using the
WinRest.ca Site, you may submit, or
WinRest.ca may gather, certain limited
information about you and your usage of the
WinRest.ca Site. Subject to the terms of the
Privacy Policy, WinRest.ca is free to use
such information for any purpose it deems
appropriate.
No Warranties
The information and services provided or
referenced on the WinRest.ca Site are
provided "as is" and with all faults, and
the entire risk as to satisfactory quality,
performance, accuracy and effort is with the
user. This means that although WinRest.ca
uses reasonable efforts to include accurate
and up-to-date information on the WinRest.ca
Site, WinRest.ca makes no warranties or
representations as to its accuracy.
WinRest.ca makes no warranty, either express
or implied, that any information or service
provided or referenced by the WinRest.ca
Site is either merchantable or accurate,
that such information or service will
fulfill any of your particular purposes or
needs, or that such information or service
does not infringe on any third party rights.
WinRest.ca may periodically add, change, or
improve any of the information, products,
services, programs, and technology described
on the WinRest.ca Site without notice.
WinRest.ca assumes no liability or
responsibility for any errors or omissions
in the content of the WinRest.ca Site.
Limitation of
Liability
Your use of the
WinRest.ca Site is at your own risk. To the
maximum extent allowed by law, neither
WinRest.ca nor any other party involved in
creating, producing, or delivering the
WinRest.ca Site, will be liable for any
direct, indirect, incidental, consequential,
or punitive damages (including, without
limitation, lost profits, cost of procuring
substitute service or lost opportunity),
however caused, arising out of your access
to, use of, or reliance on the WinRest.ca
Site, even if WinRest.ca has been advised of
the possibility of such damages. Without
limiting the foregoing, WinRest.ca assumes
no responsibility for, and will not be
liable for any damages relating to or caused
by any viruses which may affect your
computer equipment or other property on
account of your access to, use of, or
downloading from, the WinRest.ca Site.
WinRest.ca cannot and does not guarantee
continuous, uninterrupted or secure access
to the WinRest.ca Site.
Links
WinRest.ca has not reviewed all of the sites
which are linked to the WinRest.ca Site, and
the fact of such links does not indicate any
approval or endorsement of any material
contained on any linked site. WinRest.ca is
not responsible for the contents of any site
linked to the WinRest.ca Site. Your
connection to and use of any such linked
site is at your own risk.
Canada, the United
States and International Information
Most of the information on the WinRest.ca
Site applies internationally, but a
significant amount of information applies
only to certain countries or regions. For
instance, if you see the following
indication in connection with information on
the WinRest.ca Site:
"The information
on this page applies to businesses in
Canada, Europe and the United States."
then the information on that page applies
only to businesses operating in Canada,
Europe and the United States. Although
WinRest.ca makes reasonable attempts to
indicate which information is country-
and/or region-specific by including this
type of statement, it does not warrant or
represent that the information without this
type of statement applies internationally.
You should check the applicability of any
information on the WinRest.ca Site to you or
your organization. The fact that you have
access to such Canada and the United
States-specific information does not mean
that such information applies or ever will
apply to a country or region outside the
Canada or the United States.
Termination
WinRest.ca reserves the right to deny use of
all or part of the WinRest.ca Site to any
user for any reason without notification.
WinRest.ca may, in it sole discretion and at
any time, modify or terminate the WinRest.ca
Site and remove or refuse to post any
information, content or materials.
Additional Legal
Information
The Rules will be
governed by and construed under the laws of
Canada and the United States, excluding only
its conflict of law provisions. Each user of
the WinRest.ca Site hereby submits to the
exclusive jurisdiction of the courts within
their Provice or State, and waives any
jurisdictional venue or inconvenient forum
objections to such courts.
Any
failure by WinRest.ca to enforce any of its
rights under the Rules or applicable laws
shall not constitute a waiver of such right.
If any provision of the Rules is found by a
court of competent jurisdiction to be
invalid, you, WinRest.ca, and the court
shall endeavor to give effect to the intent
reflected in that provision, and the
remaining Rules provisions shall retain
their full force and effect.
You
agree to follow any applicable laws in your
use of the Site. Among other things, Canada,
United States and foreign export control
laws regulate the export and re-export of
technology originating in Canada,the United
States and such foreign countries. You will
abide by these laws and regulations as
applicable and will not transfer, directly
or indirectly, by electronic transmission or
otherwise, any content or software from the
WinRest.ca Site to or from any countries or
foreign nationals in violation of such laws
or regulations.
Please note that
WinRest.ca.com is operated by WinRest.ca
International Service Association and not
the various financial institutions that
issue WinRest.ca cards. None of the terms of
any agreement between a WinRest.ca
cardholder and the financial institution
that issued his/her card has any effect on
or relation to these Rules.
Please
also read the WinRest.ca Site Privacy Policy
(keeping in mind the possible differences on
WinRest.ca sites in other countries) which
is part of the Rules and which you accept.
If you have any questions, comments,
criticisms, or complaints about
WinRest.ca.com, please feel free to email
us.