Terms
& Conditions For Use of mobbing.ca
The use of this web site constitutes
agreement with the following terms and conditions:
(a) The owner of this site ("mobbing.ca")
maintains this web site (the “Site”)
as a courtesy to those who may choose to access
the Site (“Users”). The information
presented herein is for informative purposes only.
mobbing.ca grants permission to Users to visit the
Site and to download and copy the information, documents
and materials (collectively, “Materials”)
from the Site for the User’s personal, non-commercial
use, without any right to resell or redistribute
them or to compile or create derivative works there
from, subject to the terms and conditions outlined
below, and also subject to more specific restrictions
that may apply to specific Material within this
Site.
(b) mobbing.ca administers this
Site. All Material on this Site from mobbing.ca
appears subject to the present Terms and Conditions.
Limitation
of Liability/Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT MOBBING.CA SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF MOBBING.CA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE MOBBING.CA SITE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MOBBING.CA
SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE MOBBING.CA SITE; OR (v)
ANY OTHER MATTER RELATING TO THE MOBBING.CA SITE.
YOU EXPRESSLY ACKNOWLEDGE THAT MOBBING.CA HAS ENTERED
INTO THIS AGREEMENT, AND HAS AND WILL MAKE THE MOBBING.CA
SITE AND CONTENT AVAILABLE TO YOU IN RELIANCE UPON
THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE
DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS,
AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN
BETWEEN YOU AND MOBBING.CA. YOU EXPRESSLY AGREE THAT
THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE
DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS
WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF,
FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL
PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE
REMEDY OR TERMINATION OF THIS AGREEMENT.
Materials provided on this Site
are provided “as is”, without warranty
of any kind, either express or implied, including,
without limitation, warranties of merchantability,
fitness for a particular purpose and non-infringement.
mobbing.ca specifically does not
make any warranties or representations as to the accuracy
or completeness of any such Materials. mobbing.ca
periodically adds, changes, improves or updates the
Materials on this Site without notice. Under no circumstances
shall mobbing.ca be liable for any loss, damage, liability
or expense incurred or suffered that is claimed to
have resulted from the use of this Site, including,
without limitation, any fault, error, omission, interruption
or delay with respect thereto. The use of this Site
is at the User’s sole risk. Under no circumstances,
including but not limited to negligence, shall mobbing.ca
be liable for any direct, indirect, incidental, special
or consequential damages, even if mobbing.ca has been
advised of the possibility of such damages.
The User specifically acknowledges
and agrees that mobbing.ca is not liable for any conduct
of any User.
This site may contain advice, opinions
and statements of various authors. mobbing.ca does
not represent or endorse the accuracy or reliability
of any advice, opinion, statement or other information
provided by any information provider, any User of
this Site or any other person or entity. Reliance
upon any such advice, opinion, statement, or other
information shall also be at the User’s own
risk. mobbing.ca shall not be liable to any User or
anyone else for any inaccuracy, error, omission, interruption,
deletion, defect, alteration of or use of any content
herein, or for its timeliness or completeness, nor
shall they be liable for any failure of performance,
computer virus or communication line failure, regardless
of cause, or for any damages resulting therefrom.
As a condition of use of this Site,
the User agrees to indemnify mobbing.ca from
and against any and all actions, claims, losses, damages,
liabilities and expenses (including reasonable attorneys’
fees) arising out of the User’s use of this
Site, including, without limitation, any claims alleging
facts that if true would constitute a breach by the
User of these Terms and Conditions. If
the User is dissatisfied with any Material on this
Site or with any of its Terms and Conditions of Use,
the User’s sole and exclusive remedy is to discontinue
using the Site.
This Site may contain links and
references to third-party web sites. The linked sites
are not under the control of mobbing.ca, and mobbing.ca
is not responsible for the content of any linked site
or any link contained in a linked site. mobbing.ca
provides these links only as a convenience, and the
inclusion of a link or reference does not imply the
endorsement of the linked site by mobbing.ca.
Professional
Information Disclaimer
The mobbing.ca Site may make available
certain information provided by third parties related
to various professional fields such as, without limitation,
medicine and other health and fitness related matters,
law and financial planning (the "Professional
Information"). The Professional Information is
provided for educational and entertainment purposes
only and should not be interpreted as a recommendation
for a specific treatment plan, product or course of
action. Use of the mobbing.ca Site does not replace
consultations with a qualified medical, legal, financial
or other relevant professional. In addition, while
the Professional Information is frequently updated,
this information changes rapidly and therefore, some
of the Professional Information may be out of date.
You agree that all risk associated with the use of,
or reliance on, any of the Professional Information
rests with you. You further agree that mobbing.ca,
including its suppliers, shall not be responsible
or liable, directly or indirectly, in any way for
any loss or damage of any kind incurred as a result
of, or in connection with your use of, or reliance
on, any such Professional Information.
Medical/Health
Information Disclaimer
The Professional Information may
contain health-related and medical-related information
(including any facts, views, opinions, recommendations,
descriptions of, or references to, products, services
and medications). Such health-related and medical-related
information made available by mobbing.ca is: (a) for
informational purposes only; (b) not to be used or
construed as a substitute for professional medical
advice, diagnosis, or treatment; (c) not intended
as a recommendation or endorsement of any specific
tests, products, procedures, opinions or any other
information. Reliance on any health-related or medical-related
Professional Information on, or accessible through,
the mobbing.ca Site is solely at your own risk. ALWAYS
SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED
HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING
A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL
MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING
YOU HAVE READ ON THE MOBBING.CA SITE.
User Submissions
You acknowledge and
agree that any suggestions, ideas, graphics, opinions
(including without limitation, reviews) or other information
submitted or otherwise communicated by you to us through
the Website (collectively, the "Submission")
become the property of mobbing.ca, including all copyrights
and other intellectual property rights therein, and
mobbing.ca will be entitled to use each Submission
for any commercial or other purpose whatsoever without
compensation or other accounting to you or any other
person sending the Submission. You assign to mobbing.ca,
and waive in favor of mobbing.ca, any and all present
and future rights, including but not limited to, moral
rights, in such Submission. You will continue to be
responsible for the substance of the Submission including,
without limitation, any indemnification obligations
related to such Submission. mobbing.ca will not be
required to treat any Submission as confidential and
will not incur any liability as a result of any similarities
that may appear in future mobbing.ca operations. You
acknowledge and agree that all or any portion of the
Submission may be used, edited, reproduced, published,
translated, sublicensed, copied and distributed and/or
incorporated into other works in any form, media,
or technology now known or hereafter developed, without
compensation or accounting of any kind. By submitting
any Submission, you represent and warrant that you
have the full right and authority to submit such Submission,
and that none of such Submission is subject to any
copyright or other proprietary right of a third party
or is in any respect illegal or in violation of any
law. mobbing.ca reserves the right to review, edit,
or remove any Submission that mobbing.ca deems, in
its sole discretion, to be inappropriate, illegal
or offensive for the Website, for any reason whatsoever.
When submitting your
personal experiences we ask that you do not use the
real names of companies or individuals. We reserve
the right to edit submissions made to mobbing.ca to
ensure standards of confidentiality and fairness are
upheld.
Governing
Law/Jurisdictional Issues
mobbing.ca is controlled, operated
and administered within Canada. mobbing.ca makes no
representation or warranty that the mobbing.ca Site
is appropriate or available for use at any locations
outside Canada. If you access the mobbing.ca Site
from outside Canada, you are responsible for compliance
with all applicable laws. You may not export any of
the Content accessible through the mobbing.ca Site
in violation of applicable export laws and regulations.
These Terms and Conditions shall be interpreted, construed
and governed by the laws in force in the Province
of Alberta, and the federal laws of Canada applicable
therein, without reference to its conflict of laws
principles. Each party hereby agrees to submit to
the jurisdiction of the courts of the Province of
Alberta and the Federal Courts situate therein, and
to waive any objections based upon venue. The United
Nations Convention on Contracts for the International
Sale of Goods does not apply to these Terms and Conditions.
General
mobbing.ca reserves its exclusive
right in its sole discretion to alter, limit or discontinue
the Site or any Materials in any respect. mobbing.ca
shall have no obligation to take the needs of any
User into consideration in connection therewith.
mobbing.ca reserves the right to
deny in its sole discretion any user access to this
Site or any portion thereof without notice.
No waiver by mobbing.ca of any
provision of these Terms and Conditions shall be binding
except as set forth in writing and signed by its duly
authorized representative.
These Terms and Conditions constitute
the entire agreement between mobbing.ca and you pertaining
to your use of the mobbing.ca Site and, except as
specifically set forth herein, supersede any prior
agreements between you and mobbing.ca relating to
the mobbing.ca Site. mobbing.ca may assign these Terms
and Conditions, in whole or in part, at any time.
mobbing.ca's failure to insist upon or enforce strict
performance of any right or provision of the Terms
and Conditions shall not constitute or be construed
as a waiver of any right or provision. If any of the
provisions (or parts thereof) contained in the Terms
and Conditions are determined to be void, invalid
or otherwise unenforceable by a court of competent
jurisdiction, such determination shall not affect
the remaining provisions (or parts thereof) contained
herein.
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Privacy
Policy
We recognize that your privacy
is important. This document outlines the types of
personal information we receive and collect when you
use mobbing.ca, as well as some of the steps we take
to safeguard information. We hope this will help you
make an informed decision about sharing personal information
with us.
mobbing.ca strives to maintain
the highest standards of decency, fairness and integrity
in all our operations. Likewise, we are dedicated
to protecting our customers', consumers' and online
visitors' privacy on our website.
Personal Information
mobbing.ca collects personally
identifiable information from the visitors to our
website only on a voluntary basis. Personal information
collected on a voluntary basis may include name, postal
address, email address, company name and telephone
number.
This information is collected if
you request information from us, participate in a
contest or sweepstakes, and sign up to join our email
list or request some other service or information
from us. The information collected is internally reviewed,
used to improve the content of our website, notify
our visitors of updates, and respond to visitor inquiries.
Once information is reviewed, it
is discarded or stored in our files. If we make material
changes in the collection of personally identifiable
information we will inform you by placing a notice
on our site. Personal information received from any
visitor will be used only for internal purposes and
will not be sold or provided to third parties.
Use of Cookies and Web Beacons
We may use cookies to help you
personalize your online experience. Cookies are identifiers
that are transferred to your computer's hard drive
through your Web browser to enable our systems to
recognize your browser. The purpose of a cookie is
to tell the Web server that you have returned to a
specific page. For example, if you personalize the
sites pages, or register with any of our site's services,
a cookie enables mobbing.ca to recall your specific
information on subsequent visits.
You have the ability to accept
or decline cookies by modifying your Web browser;
however, if you choose to decline cookies, you may
not be able to fully experience the interactive features
of the site.
A web beacon is a transparent image
file used to monitor your journey around a single
website or collection of sites. They are also referred
to as web bugs and are commonly used by sites that
hire third-party services to monitor traffic. They
may be used in association with cookies to understand
how visitors interact with the pages and content on
the pages of a web site.
We may serve third party advertisements
that use cookies and web beacons in the course of
ads being served on our web site to ascertain how
many times you've seen an advertisement. No personally
identifiable information you give us is provided to
them for cookie or web beacon use, so they cannot
personally identify you with that information on our
web site.
Browsers can be set to accept or
reject cookies or notify you when a cookie is being
sent. Privacy software can be used to override web
beacons. Taking either of these actions shouldn't
cause a problem with our site, should you so choose.
We use third-party advertising
companies to serve ads when you visit our website.
These companies may use information (not including
your name, address, email address, or telephone number)
about your visits to this and other websites in order
to provide advertisements about goods and services
of interest to you. If you would like more information
about this practice and to know your choices about
not having this information used by these companies,
click
here.
Children's Online Privacy Protection
Act
This website is directed to adults;
it is not directed to children under the age of 13.
We operate our site in compliance with the Children's
Online Privacy Protection Act, and will not knowingly
collect or use personal information from anyone under
13 years of age.
Non-Personal Information
In some cases, we may collect information
about you that is not personally identifiable. We
use this information, which does not identify individual
users, to analyze trends, to administer the site,
to track users' movements around the site and to gather
demographic information about our user base as a whole.
The information collected is used
solely for internal review and not shared with other
organizations for commercial purposes.
Release of Information
If mobbing.ca is sold, the information
we have obtained from you through your voluntary participation
in our site may transfer to the new owner as a part
of the sale in order that the service being provided
to you may continue. In that event, you will receive
notice through our website of that change in control
and practices, and we will make reasonable efforts
to ensure that the purchaser honors any opt-out requests
you might make of us.
How You Can Correct or Remove Information
We provide this privacy policy
as a statement to you of our commitment to protect
your personal information. If you have submitted personal
information through our website and would like that
information deleted from our records or would like
to update or correct that information, please click
on this link and use our Contact
Us page.
Email
We appreciate your emails and take
your privacy very seriously. We will take all reasonable
precautions to protect your privacy. We will never
give out, lend or sell your contact information or
email address to any third party except as required
by a duly authorized law enforcement agency.
Links
This web site contains links to
other sites. We are not responsible for the privacy
or security practices of those sites.
Updates and Effective Date
mobbing.ca reserves the right to
make changes in this policy. If there is a material
change in our privacy practices, we will indicate
on our site that our privacy practices have changed
and provide a link to the new privacy policy. We encourage
you to periodically review this policy so that you
will know what information we collect and how we use
it.
Agreeing to Terms
If you do not agree to mobbing.ca's
Privacy Policy as posted here on this website, please
do not use this site or any services offered by this
site.
Your use of this site indicates
acceptance of this privacy policy.
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