Disclaimer of Warranties
THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. CANADA POST MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEB SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL BE CORRECTED; (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL CANADA POST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF CANADA POST KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
CANADA POST EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEB SITE OR ANY ADVERTISER OR SPONSOR OF THE WEB SITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL CANADA POST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED TO OR FROM THE WEB SITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE CANADA POST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM THE USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEB SITE OR BY THIRD PARTIES THROUGH THE WEB SITE.
The Web Site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Canada Post of the contents of such third-party web sites. Canada Post is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or (iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party web sites will be corrected or that such third-party web sites will be free from viruses or other harmful components.
The Canada Post Web Site respects the Official Languages Act and is committed to ensuring all information on this site is available in both French and English. However, users should be aware that some information from external sources is available as a courtesy and will only be available in the language in which it was provided. Some hyperlinks direct users to sites of organizations or other entities that are not subject to the Official Languages Act.
All materials displayed or otherwise accessible through the Web Site, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the Content) are protected under Canadian and foreign copyright or other laws, and are owned by Canada Post, its licensors or the party accredited as the provider of the Content. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Web Site. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEB SITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF CANADA POST.
Software Licenses and Ownership
All software embedded in or located on or at the Web Site, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by Canada Post, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Web Site, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software.
If the Web Site provides Software for download, unless otherwise provided, you are hereby granted, subject to the terms of this Agreement and to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law. There are inherent dangers in the use of any software available for download on the Internet, and Canada Post cautions you to make sure that you completely understand the potential risks before downloading any of the software. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software, and Canada Post will not be liable for any damages that you may suffer in connection with using, modifying or distributing any of the software.
Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, license, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.
Nothing contained in the Web Site shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Web Site or made available for download from the Web Site, including, but not limited, to any intellectual property rights in the Software.
All Software embedded or integrated into the Web Site is provided As Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; or (iv) that the Software contains no computer viruses or other contaminants.
The Web Site may provide features that allow you to post messages and content, to interact with Canada Post and other users and to upload files, documents or other materials (collectively, Submissions). UNDER NO CIRCUMSTANCES WILL SUBMISSIONS TO CANADA POST BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL TO CANADA POST, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND ARE REPRESENTING AND WARRANTING TO CANADA POST CORPORATION THAT THE SUBMISSION IS WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE SUBMISSION AND THAT CANADA POST IS FREE TO IMPLEMENT THE SUBMISSION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY CANADA POST, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
To use certain features of the Web Site, you may also need a username and password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify the Canada Post Pension Centre immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Canada Post cannot and will not be liable for any loss or damage arising from Canada Post's failure or your failure to protect your password or account information.
Governing Law and Jurisdiction
The Web Site (excluding linked web sites) is controlled by Canada Post from its offices within the Province of Ontario, Canada. By accessing or using the Web Site, you agree that all matters relating to your access to, or use of, the Web Site shall be governed by the laws of the Province of Ontario and the laws of Canada. Any proceedings relating to this Agreement shall be brought in the courts of the Province of Ontario.
Canada Post may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Web Site, (or any portion thereof). Canada Post may also terminate your right to access and use the Web Site, or any part of the Web Site, if you breach any term or condition of this Agreement.
Certain trademarks, trade-names, images, logos and pictures on this Web Site are proprietary to Canada Post or other entities. Except as may be expressly provided, nothing contained herein shall be construed as conferring any license or right under copyright or other intellectual property rights.
All content provided on this site is owned by or licensed to Canada Post Corporation and/or its affiliates (the Canada Post Content) and protected by Canadian and international copyright laws. Canada Post and its licensors retain all proprietary rights to the Canada Post Content. The Canada Post Content may not be reproduced, transmitted or distributed without the prior written consent of Canada Post.