PLEASE READ THE FOLLOWING CONDITIONS OF USE CAREFULLY BEFORE USING SAVVYMOM.CA (the “Site”). IF YOU DO NOT AGREE WITH THESE CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE OR SUBSCRIBE TO OUR E-MAIL NEWSLETTER. ANY FAILURE ON YOUR PART TO COMPLY WITH THESE CONDITIONS OF USE MAY LEAD TO THE CANCELLATION OF YOUR ACCOUNT SUBSCRIPTION AND THE RELATED PRIVILEGES.
1. ACCEPTANCE OF CONDITIONS OF USE
1.1. By using the Site and subscribing to the e-mail newsletter, you acknowledge having read and understood these Conditions of Use and, accordingly, you agree to abide by them, as well as any future modifications that may be made. These Conditions of Use represent an agreement between you and SavvyMom Media Inc. (“SavvyMom”).
1.2. These Conditions of Use may be subject to change, addition or deletion at any time. Any such change will be posted on this page. Also, if we make major changes in our current Conditions of Use, they will be posted at least thirty (30) days prior to their coming into force. Please refer to these Conditions of Use regularly in case any changes are made to them.
1.3. If you do not agree to be bound by these Conditions of Use, you should not use this Site or subscribe to our e-mail newsletter. If you consider any future amendments made to these Conditions of Use to be unacceptable, you can cancel your subscription with us at any time.
2.1. The Site operates from its offices in Toronto, Ontario, Canada. We do not represent or warrant that all items on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
3. PERSONAL USE
3.1. All of the items contained on the Site are offered for your personal and non-commercial use. It is prohibited to use the items contained on this Site for commercial or advertising purposes without the prior written consent of SavvyMom.
4.1. This Site may contain hyperlinks to internet sites managed by third parties. These links are provided for convenience only. By activating these links, you may have to leave the Site. SavvyMom has no control over internet sites owned by third parties. These sites are managed entirely by third parties and SavvyMom makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked-party sources (including any viruses accessed through them),the quality of the products offered, the security of performing transactions on the sites in question or the privacy policies of those sites. Links do not imply that SavvyMom or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links or that any linked site is authorized to use any trade-mark, trade name, logo or copyright symbol of SavvyMom or its affiliates. SavvyMom cannot be held liable for possible damages arising from the use of such third-party sites. All complaints about third-party sites should be addressed to the administrators of those sites.
4.2 This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to, advertisements. You agree that SavvyMom shall not have any liability whatsoever to you for any such third-party material, data or information.
5. INTELLECTUAL PROPERTY
5.1. Limited License and Copyright Subject to the terms and conditions set forth in these Conditions of Use, SavvyMom grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the contents of the e-mail newsletter and the visible text, graphics or images thereon (the “Materials”), and to view and download the Materials, only in connection your personal and non-commercial use of the Site and the SavvyMom e-mail newsletter. This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions: a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; b) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; c) you may not transfer the Materials to any other person without our prior written consent; d) you may not print or copy any of the HTML or other computer programs that are viewable at the Site. This Site, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, SavvyMom does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trade-mark, copyright, trade secret, or confidential information of SavvyMom or any of its affiliates.
5.2. Trade-marks. The trade-marks, logos and company names of SavvyMom or any of its affiliates used on this Site may not be copied, imitated or used, in whole or in part, without the prior written consent of SavvyMom or any such affiliate. Other products, services, logos and company names mentioned on this Site may be the trade-marks of their respective owners.
5.3. Restrictions. Subject to the rights expressly granted to you under these Conditions of Use, you may not copy, reproduce, modify, publish, display, perform, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant under licence, or in any other way exploit any item obtained from or available as part of this Site (including any software), in whole or in part.
6. REPRESENTATIONS AND WARRANTIES
6.1 This Site, the Materials and the information accessible through this Site are provided “as is” without any representation or warranty, express or implied, of any kind. SavvyMom does not warrant that this Site will operate without interruptions or that it will be error free. SavvyMom and its affiliates hereby disclaim all warranties and conditions with regard thereto, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise at law, or from a course of dealing or use of trade.
6.2 The Materials and information accessible through this Site, including the e-mail newsletter, may contain inaccuracies and typographical errors. SavvyMom and its affiliates make no representations or warranties about the accuracy or completeness of the Materials or information accessible through this Site, or the reliability of any advice, opinion, statement or other information displayed or distributed through this Site. You acknowledge that any reliance on any of the foregoing and your use of the Site shall be at your sole risk. SavvyMom reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site. SavvyMom may make any other changes to this Site, the Materials and the services, products described on this Site (if any) at any time without notice.
7. LIMITATION OF LIABILITY
7.1 IN NO EVENT SHALL SAVVYMOM OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOU INFORMATION HANDLING SYSTEM) RELATED TO THE USE OF, OR THE INABILITY TO USE THIS SITE, ITS CONTENTS OR MATERIAL AVAILABLE FROM THIS SITE, INCLUDING THE E-MAIL NEWSLETTER, OR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR FUNCTIONS OF THIS SITE OR ANY LINKED SITE, WHETHER OR NOT SAVVYMOM OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE AND THE CONTENT THEREON, OR THE CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
8.1 By becoming a subscriber, you agree to indemnify SavvyMom, its officers, agents, partners and employees from any and all claims or damages, including reasonable lawyer’s fees, made by third parties due to, or arising out of the use of the Site or connection to the Site, violation of the Conditions of Use, or any violation of the rights of another.
9.1 If you are under the age of 18, you may only use this Site in conjunction with and under the supervision of your parents or guardians.
10.1 From time to time, SavvyMom may offer, either on or through the Site, contests, promotions or games (“Promotions”). You agree to release SavvyMom and its agents, advertisers, sponsors and/or promotional partners, from all liability arising from participation in any Promotion located on, or accessed through the Site or through the e-mail newsletter. You agree to be bound by the rules of any Promotion. If you violate any such rules or guidelines for behaviour posted on the Site, you will be subject to immediate disqualification and will become ineligible to be awarded any prizes. SavvyMom reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time without prior notification.
11.1. You can cancel your subscription at any time by accessing the “Unsubscribe” link that will appear in any e-mail that we send to you.
11.2. SavvyMom can, at its sole discretion, cancel or suspend your subscription in whole or in part for any reason, including, without limitation, the non-compliance with these Conditions of Use.
13.1 SavvyMom may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations under these Conditions of Use without the prior written consent of SavvyMom, and any such attempted assignment will be void and unenforceable.
14. GOVERNING LAW
14.1 The laws of the province of Ontario and the laws of Canada shall govern these Conditions of Use as well as any use of the Site.
15. ENTIRE AGREEMENT
16. HOW TO CONTACT US ABOUT THIS POLICY
16.1. If you have any questions regarding these Conditions of Use, you can reach us at the following address:
SavvyMom Media Inc.
1515A Bayview Ave., 2nd Floor
Last Updated: July 21, 2010
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