Terms of Use: Updated November 13, 2009
Acceptance of Terms and Conditions of Use
Welcome to TAXES.CA ("the Service"), an online service of TAXES.CA XistNet
Inc. ("TAXES.CA"). The Service is provided to you subject to the terms and
conditions of this Service as listed in this Terms of Service Agreement
(TOSA) also know as the "Universal Terms".
Your agreement with Taxes.ca will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. Additional legal notices with respect to specific Services are referred to as “Additional Terms”. Where Additional Terms apply, these will be accessible for you to read either within, or through your use of, that Service.
The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Taxes.ca in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”. If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, as applied to contracts entered into and performed within Ontario. You agree to grant jurisdiction over yourself to the courts of Ontario and designate it as the forum for resolution of all disputes arising under this Agreement.
The Terms may change from time to time. Use of the Service after a change will subject you to the new terms. Your subscription to any of
the services listed on the TAXES.CA website and use of the website indicate
that you accept and agree to be bound by these terms and conditions of
service. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS
VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.
Participation, Conduct, and Obligations
During the term of this Agreement, TAXES.CA grants to you a terminable,
at-will, non-exclusive license to use and display the Service, and to
download materials available through the Service, all solely for your
personal, non-commercial use.
Where provided and allowed, you may contribute to and participate in any
blog, forum, or messaging thread offered through the Service, but you agree
not to post any material the content of which (i) is abusive, defamatory,
indecent, libelous, obscene, threatening to others, or in violation of any
law; or (ii) infringes the copyright, trademark, or other intellectual
property right of any third party. You will be solely responsible for all
content that you post on the Service.
TAXES.CA reserves the right to monitor content that is posted, and to modify
or remove any messages or postings that we deem, in our sole discretion, to
be abusive; defamatory; inappropriate; indecent, libelous; obscene,
offensive, and/or in violation of the copyright, trademark right, or other
intellectual property right of any third party. We also reserve the right
to edit or modify any submissions. Notwithstanding the foregoing, we are
not obligated to take any such actions, and we will not be responsible or
liable for content posted by any user.
You may not transfer, assign, sub-license, lend, or re-sell the rights
granted under this license. You may not link to our site or directly to
our articles if you sell ads on your site or charge a subscription fee to
use or access your site without our express written permission. Absolutely
no framing of the Service site is permitted. Any use in violation of these
limits shall constitute a violation of the terms of this agreement.
You agree to indemnify TAXES.CA and its officers and employees from and
against all costs, damages, liabilities, and judgments (including attorney's
fees) incurred by any of them which arise out of or are related to the
content that you post. Blogs, forums, and messaging are intended only for
the personal use of subscribers, and may not be used for commercial
purposes or for organized political activity.
Copyright, Trademarks, and Privacy
The Service is the property of TAXES.CA. TAXES.CA retains the right to bar
any individual or entity from the Service. Accessing the Service after being
barred shall constitute an act of trespass. The Service and all materials
published therein, including but not limited to articles, images,
interactive applications, postings, audio clips, video clips, and software
applications (collectively, the "Content"), are protected by copyright and
are owned by TAXES.CA, its partners, or its licensors.
You may not modify the Content or re-publish, re-transmit, or otherwise
distribute directly or via links any Content to any third person except for
your personal, non-commercial use, as permitted by the license granted
above. It is understood that some of the content appearing on the Service
is news and as such releases are not obtained from individuals or entities
for the use of the name, likeness, or trademarks. It is your sole obligation
to a) determine if your uses require releases or permission, and b) to
obtain the necessary releases.
TAXES.CA, TAXES.CA online and their respective logos are trademarks of
TAXES.CA XistNet Inc.. All other trademarks on the Service are the property
of their respective holders.
TAXES.CA is committed to respecting the privacy of our users, keeping the
personal information of all users accurate, confidential, secure and
private, and subject to the usage to which you agree, at all times. User
contributed information such as registration data and certain other
information about you are subject to our Privacy Policy. For more
information, please see our full Privacy Policy:
http://www.taxes.ca/privacy-policy.php.
Information, Products, and Software
TAXES.CA provides taxation and personal finance information. The view and
opinions expressed by authors in our postings are not necessarily those of
TAXES.CA. TAXES.CA is a private company not affiliated with any federal or
provincial/territorial government department or agency nor any financial or
investment institution. Information on organizations, companies, products,
and/or services appearing on this site does not imply an endorsement by
TAXES.CA. The Content, including the articles, columns, and contributions
of those posting to the site should not be construed as investment advice.
For taxation and financial planning advice users are advised to consult a
professional.
You may have the opportunity to order or receive merchandise and services,
and to download Software (collectively "Products") through the Service
directly or through links on the Service. All Products (unless otherwise
noted as owned or offered by TAXES.CA) are provided by third-party vendors
("Vendors") pursuant to agreements, licenses or other arrangements between
that Vendor and you. All aspects of your transactions regarding the
Products, including, but not limited to, purchase terms, payment terms,
warranties, guarantees, maintenance and delivery, are solely between you
and the applicable Vendor. Your rights and remedies with respect to such
transactions shall be solely against the applicable Vendor and any
questions, complaints or claims related to any Product should be directed
to that Vendor.
By using the Service you acknowledge and agree that TAXES.CA and its
affiliates shall have no liability for any cost, damage or harm arising
directly or indirectly in connection with any of the Content or Products
ordered or received through this Service or through links on this Service
or from any action or inaction of any Vendor.
You may have the option to purchase Products over this Service using a
credit card by sending that information over the Internet. Where this option
exists, the Service (or its partners or affiliates) uses encryption
technology to protect the information from access by unauthorized third
parties. However, neither TAXES.CA nor any Vendor can guarantee the
protection of this information from third party access. If you have any
concerns about sending such information over the Internet, you should use
an alternative means of payment. By sending any sensitive information over
the Internet in connection with your use of this Service, you agree that
neither TAXES.CA nor any Vendor will have any liability if the technology
fails to protect your information.
Intellectual Property Infringement Claims
It is the policy of TAXES.CA to respond expeditiously to claims of
intellectual property infringement. TAXES.CA will promptly process and
investigate notices of alleged infringement and will take appropriate
actions under applicable laws, up to and including blocking or removing
the offending content. TAXES.CA will terminate access for subscribers and
account holders who are repeat infringers.
Please direct any notices of claimed copyright infringement to
copyright@taxes.ca or the
entity at the addresses below:
TAXES.CA
176 Gloucester St., Suite 402
Ottawa, ON
Canada K2P 0A6
No Resale of The Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
All requests for licensing, reprints, linking and other usage of material
on TAXES.CA should be addressed to info@taxes.ca. We will review your
request, and provide you with an approval or rejection as soon as we have
evaluated the request. We will attempt to approve or disapprove within
five business days of each request.
Modifications to The Service
TAXES.CA reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that TAXES.CA shall not be liable to you
or to any third party for any modification, suspension or discontinuance of
the Service.
Exclusions of Warranty and Liability
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND, AND
ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
TAXES.CA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL DOWNLOADED, PURCHASED, OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED, AND (vi) THAT THE SERVICE OR ANY MATERIALS
OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE.
IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO
THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. TAXES.CA IS
NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH
PROGRAMS, AND TAXES.CA DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH
PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY
SUCH PROGRAMS WILL BE CORRECTED. TAXES.CA DOES NOT WARRANT THAT THE CONTENT
OF ITS ARTICLES, POSTINGS, AND STORIES WILL BE ERROR FREE.
TAXES.CA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING
FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE,
INFORMATION PROVIDED, OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA
OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY
TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE,
EVEN IF TAXES.CA HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO
EVENT SHALL TAXES.CA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE
SERVICE EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION
OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Service may contain links to other Web sites that are owned and
operated by third parties. You acknowledge that TAXES.CA is not responsible
for the accuracy, content, or availability of information accessed or
linked to through the Service, nor does the inclusion of any such link
imply endorsement by TAXES.CA of that Web site.
The Service may include Content concerning computer hardware, software, i
nvestment products and companies, investment strategies, and related
products, including product descriptions, usage information and reviews.
All such material is provided for informational purposes only and does not
imply any endorsement of any particular product or process or affiliation
with any particular Vendor. You acknowledge that you are solely responsible
for determining what, if any, Products are suitable for your purposes and
for any loss, liability, damage or costs you may suffer as a result of any
purchases or decisions you make.
Special Admonition for Services Relating to Financial Matters
The Service is provided for informational purposes only, and no Content
included in the Service is intended for trading or investing purposes.
TAXES.CA shall not be responsible or liable for the accuracy, usefulness
or availability of any information transmitted via the Service, and shall
not be responsible or liable for any trading or investment decisions made
based on such information.
Disclaimer Regarding Search and Directories
Search and the TAXES.CA Directory of Tax Professionals are features offered
by TAXES.CA Information in the directory is contributed by the registrant.
TAXES.CA explicitly disclaims any responsibility for the Content or
availability of information contained in our search index or directories.
Notices
TAXES.CA may give notice to you through general posting on the Service,
through postal notification, or through E-mail notification, in its sole
discretion. You may give notice to TAXES.CA via E-mail at info@taxes.ca,
by postal mail to 176 Gloucester St., Suite 402, Ottawa, Ontario Canada
K2P 0A6., or via facsimile to (613) 234-9564.
TAXES.CA reserves the right, in its sole discretion, to restrict or block
the access of any subscriber to the Service, or any section thereof.
General
Any failure by TAXES.CA to enforce any provision of this Agreement shall
not be construed as a continuing waiver of any rights under such provision.
In the event that any portion of this Agreement is held unenforceable, the
remaining provisions of the Agreement shall remain in full force and effect.
Indemnity
In the event you breach the terms of this license, or if, any claims are
made against TAXES.CA (its employees, officers, or directors resulting from
your actions) you shall be liable to TAXES.CA for all damages, costs,
judgments, expenses (including reasonable attorney fees) which it incurs.
This Agreement shall be governed by and construed in accordance with the
laws of the Province of Ontario, as applied to contracts entered into and
performed within Ontario. You agree to grant jurisdiction over yourself to
the courts of Ontario and designate it as the forum for resolution of all
disputes arising under this Agreement.
This Agreement states the entire agreement between the parties with respect
to the Service, and all prior or contemporaneous agreements are merged
herein and superseded hereby.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
