Waterford Global Inc. – Terms of Use

Date of Last Update: November 29, 2018

Introduction

Your use of the Waterford Global Inc. website signifies your unconditional agreement to be bound by all of the terms and conditions of this Website Terms of Use Agreement.  If you are unwilling to agree to all of such terms and conditions, you must immediately terminate your use of this website and refrain from any future use of, or access to, the website.

Terms and Conditions

1. We grant to you a non-exclusive, non-transferable, limited license only to use the Waterford Global Inc. website in accordance with the terms and conditions of this Website Terms of Use Agreement.

2. We reserve the right to amend these terms and conditions at any time, in our sole discretion, without notice to you; however, we will take steps to publish the amended terms and conditions on our website on, or prior to, the date that they become effective.  If any amendment is unacceptable to you, you must immediately terminate your use of our website and refrain from any future use of the website.  If you continue to use the Waterford Global Inc. website after the effective date of any amendment to these terms and conditions, you will be conclusively deemed to have accepted the amended version of such terms and conditions.

3. Nothing on the Website Constitutes Professional Advice. The information contained on the Waterford Global Inc. website is intended to be general in nature only and is not intended to be construed as professional advice or any other kind of advice.  You acknowledge and agree that no professional, consulting, advisory or fiduciary relationship of any kind is created, or deemed to be created, by this Agreement or your use of the Waterford Global Inc. website.

4. THE INFORMATION CONTAINED ON THE WATERFORD GLOBAL INC. WEBSITE IS MADE AVAILABLE TO YOU SOLELY ON AN “AS IS” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY OR ACCURACY OF SUCH INFORMATION.  WATERFORD GLOBAL INC. MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER WITH RESPECT TO THE CONTENT ON THE WATERFORD GLOBAL INC. WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON, OR ACCESSED THROUGH, THE WATERFORD GLOBAL INC. WEBSITE OR ANY WEBSITE LINKED TO THE WATERFORD GLOBAL INC. WEBSITE BY HYPERLINK OR OTHERWISE.  WATERFORD GLOBAL INC. EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE.  YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WATERFORD GLOBAL INC. WEBSITE, ANY OF ITS FUNCTIONAL FEATURES AND ANY OF THE CONTENT ON IT IS SOLELY AT YOUR OWN RISK.

5. Limitation of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, IN NO EVENT WILL WATERFORD GLOBAL INC., OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES OR DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING OUT OF, OR IN ANY WAY RELATED TO, YOUR USE OF, OR ACCESS TO, THE WATERFORD GLOBAL INC. WEBSITE OR YOUR USE OF, OR ACCESS TO, ANY INFORMATION OBTAINED ON OR THROUGH THE WATERFORD GLOBAL INC. WEBSITE, WHETHER BASED IN CONTRACT, OR IN TORT, OR OTHERWISE, EVEN IF WATERFORD GLOBAL INC. OR ANY OF ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

6. Ownership of Website and Copyright in Content. The Waterford Global Inc. website is controlled and operated by Waterford Global Inc.  All content and materials on the Website are protected by copyrights which are owned and controlled by Waterford Global Inc. or by other parties who have licensed their material to Waterford Global Inc.  The Waterford Global Inc. website, and the copyright in all of the content and materials on the website, are now, and shall at all times remain, the sole property of Waterford Global Inc, or, where applicable its licensors.  Unless otherwise specified in these terms and conditions, the content and materials on this website are for your personal and non-commercial use.  No portion of the website or its content may be copied, reproduced, transmitted, modified or distributed in any way, in whole or in part, by you without the express written consent of Waterford Global Inc. first being obtained, save and except that you may, for your personal, non-commercial and lawful use only, print or download written content from the Waterford Global Inc. website, provided always that you do not in any way change, amend or modify such content or remove any copyright notices, trademark notices or other notices, marks or disclaimers from such content. Your right to print or download content from the website is restricted to the right to print or download written content, from the website in accordance with the limitations contained in these terms and conditions.  You are not permitted to download, copy or use any technology, software, systems, proprietary processes or coded structure from the website for any purpose or purposes.

7. Waterford Global Inc.’s corporate name, the shortened “Waterford Global” business name, the Waterford Global Inc. design marks, and the slogan “Search – done differently” are all tradenames and/or trademarks owned by Waterford Global Inc.  Any use of the tradenames or trademarks, or other intellectual property owned by Waterford Global Inc., except as may be expressly authorized by the terms and conditions of this Agreement, is strictly prohibited.

8. Additional Restrictions on Use. Without limiting the generality of any other restrictions set forth in these terms and conditions, you agree that you will not, directly or indirectly:

1. upload or transmit any files to the Waterford Global Inc. website that contain bugs, viruses, trojan horses, worms, or any other similar software or programs that may damage or impair the operation of the website or Waterford Global Inc.’s property, or the property of another;
2. upload or transmit any files or materials to the Waterford Global Inc. website that are unlawful, threatening, intimidating, libelous, defamatory, abusive, vulgar, sexually explicit, obscene or indecent;
3. upload or transmit any files or materials to the Waterford Global Inc. website that violate, plagiarize or infringe the propriety rights or privacy rights of any third party; or
4. use any material or information, including images or photographs, which are made available through the website in any manner that infringes the copyright, trademark, patent, trade secret or proprietary right of any party.

9. Through your continued use of the Waterford Global Inc. website, you acknowledge that you have read Waterford Global Inc.’s Privacy Policy that is published on the website, as it may be updated from time to time, and hereby consent to the collection, use and disclosure by us of your personal information (whether previously collected or to be collected) for the purposes identified therein.  You also consent to our use of such personal information in accordance with the terms and conditions of Waterford Global Inc.’s Privacy Policy, which is incorporated herein by reference and forms and integral part of these terms and conditions.

10. The terms of this Agreement enure to the benefit of, and are binding upon, you and your heirs, executors, personal representatives, successors and permitted assigns, and upon Waterford Global Inc. and its successors and assigns.  Waterford Global Inc. may, at any time, transfer or assign its rights and obligations under this Agreement, in whole or in part, without notice to you.  You may not transfer or assign this Agreement or any of your rights or obligations under it without the prior written consent of Waterford Global Inc. first being obtained, which consent may be arbitrarily withheld by Waterford Global Inc. in its sole and unfettered discretion.

11. Termination of Right to Use Website. If you breach any of the terms and conditions of this Website Terms of Use Agreement, you may no longer use the Waterford Global Inc. website.

12. Governing Law. This Website Terms of Use Agreement, your use of the Waterford Global Inc. website, and all matters related thereto, are governed by the laws of the Province of Manitoba and, where applicable, the federal laws of Canada.  You acknowledge and agree that any dispute arising with respect to such matters is to be resolved by the Courts of the Province of Manitoba and you hereby irrevocably attorn to the exclusive jurisdiction of those Courts.

© 2018, Waterford Global Inc.

All rights reserved.