Terms of Service

TERMS OF SERVICE

Last Updated on August 31, 2015

This website (the “Site”) is owned, controlled and operated by Ganz (referred to as “Ganz”, “we,” “us,” or “our” herein). By using this Site, you are signifying your consent to these Terms of Service. If you do not agree to these Terms of Service, please do not use the Site.

RESTRICTIONS ON USE OF MATERIALS
All content included on this Site, such as text, graphics, logos, button icons, images, audio and video clips, and software is owned or licensed to Ganz, and is protected by Canadian and international copyright laws. Unless otherwise stated, no material from this Site or any website owned, operated, licensed or controlled by Ganz or its affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercially exploited or distributed in any way or by any means whatsoever, except that you may download or print one copy of the materials for personal, non-commercial use only, provided you maintain all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose (including use of any such material on any other website or networked computer environment) is a violation of copyright and other proprietary rights. You agree to abide by all copyright notices, information and restrictions contained in any content on the Site and any content accessed through the Site.

Certain trademarks and trade names used on this Site are the trademarks of Ganz as set out in our Legal Notice. Other trademarks or trade names mentioned herein may be the trademarks or trade names of their respective owners.

In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software and data accompanying the Software (collectively, the “Software”) are licensed to you by Ganz. The licence is personal, non-transferable and non-assignable. Title to the Software is not being transferred to you. You own the medium on which the Software is recorded, but Ganz, or others, retain full and complete copyright in and title to the Software and all other intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

USER PRIVACY AND SECURITY POLICY
Use of this Site is subject to the terms of the Privacy Policy posted on the Site. You recognize and agree that: (i) the Internet is not a secure medium, and neither the privacy of your communications, nor visits to this Site, can be guaranteed; (ii) the nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays; (iii) the Site may include incomplete information, inaccuracies or typographical errors; (iv) Ganz and any other persons involved in the management of the Site may make changes in the information and content included in the Site at any time without notice; (v) Ganz shall not be responsible for any detrimental reliance you may place on the Site or its contents; and (vi) use of the Site is on an “as is” basis and is strictly at your own risk.

AMENDMENTS
Ganz reserves the right to make changes to the Site and to modify, alter or otherwise update these Terms of Service at any time with or without notice. You should review this link on a regular basis for any such changes. Your continued use of the Site shall constitute your acceptance of any revisions to the Terms of Service.

LINKS TO EXTERNAL SITES
On this Site, Ganz may provide links to other websites owned and/or operated by its licensors and other independent third-party websites. Ganz is providing these links to you only as a convenience. GANZ DOES NOT ENDORSE OR CONTROL ANY INFORMATION ACCESSED ON OR FROM ANY UNAFFILIATED THIRD PARTY WEBSITE AND ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE SITE.

The unaffiliated third-party websites may be subject to separate terms and conditions, including different policies with respect to the collection, use and disclosure of your personal information. These third-party sites may collect data or solicit personal information from you. We do not have control over such third-party websites. You will need to make your own independent judgment regarding your interaction with them. Please be sure to review the applicable agreements and policies carefully when visiting any third party websites.

SUBMISSIONS
We would like to hear from you regarding the products and services of Ganz. Please note that if you send us suggestions, ideas, or other information (collectively, “Submissions”), our long-standing company policy does not allow us to accept or consider such Submissions. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. In any event, you agree that any Submission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type. Ganz will not be able to return the Submissions to you.

LANGUAGE
The parties have requested that these Terms of Service and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.

TERMINATION
These Terms of Service are effective until they are terminated. These Terms of Service will terminate immediately without notice from Ganz if, in the sole discretion of Ganz, you fail to comply with any material term or provision hereof or if Ganz believes that you, by your conduct, have violated any applicable law or are acting contrary to the interests of Ganz and/or its affiliates. Upon termination of this Agreement for any reason whatsoever, you agree to be bound by the following provisions of this Agreement which shall survive termination, namely sections Restrictions on Use of Materials, Termination, Disclaimer, Limitation of Liability, Links to External Sites, Jurisdiction and Severability and Indemnification hereof.

DISCLAIMER
UNLESS OTHERWISE PROVIDED, THE MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GANZ, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY INFORMATION CONTAINED THEREON OR ACCESSIBLE THEREFROM AND ANY WEBSITE WITH WHICH IT IS LINKED. GANZ, ITS AFFILIATES AND LICENSORS DO NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE GANZ NETWORK OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. GANZ, ITS AFFILIATES AND LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AND/OR SERVICES (INCLUDING, WITHOUT LIMITATION, SERVICES FOR THE TRANSFER OF INFORMATION AND DATA) ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. YOU (AND NOT GANZ) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The Site is controlled and operated from our offices in Woodbridge, Ontario, Canada. Ganz makes no representation that materials on the Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GANZ, ITS SUBSIDIARIES OR AFFILIATED COMPANIES OR LICENSORS, OR THEIR DIRECTORS AND OFFICERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF GANZ OR A GANZ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY GANZ FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE.

INDEMNIFICATION
To the maximum extent permitted by applicable law, you will defend, indemnify and hold Ganz, its licensors, affiliates and related companies, and any of their respective directors, officers, employees, consultants and agents, harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising out of (i) your breach of any provision of these Terms of Service, or (ii) your use of the Site and the contents contained on the Site.

Ganz reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any action, claim or matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.

JURISDICTION AND SEVERABILITY
You agree and acknowledge that your use of this Site shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada. You further agree and acknowledge that these Terms of Service, and any disputes in connection with your use of this Site or its contents, will be governed by the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts located in the City of Toronto, Ontario in any and all actions, disputes, or controversies relating hereto. If any provision of these Terms of Service shall be found to be unlawful, void and unenforceable, then such provision shall be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions.