1. How to Subscribe: Go to www.YourHamiltonBiz.com and click on the “subscribe” tab to subscribe to YourHamiltonBiz.com.
2. Payment: When you subscribe to YourHamiltonBiz.com, your subscription charges plus HST will be billed to the credit card you provide us according to the pricing and initial duration term of the promotion that you choose. If you have chosen a month-to-month billing offer, or at the end of your introductory offer period, your credit card will be charged on or about the monthly anniversary day of the date that you first subscribed to YourHamiltonBiz.com (the “Payment Date”) for the upcoming month of YourHamiltonBiz.com access. Your subscription will automatically be renewed for additional one month terms and will continue until you call us to cancel your subscription as set out under “Cancellation” below. Please contact YourHamiltonBiz.com immediately with any change in your billing information to avoid an interruption in service and/or termination of your subscription.
3. Your representations: By subscribing to YourHamiltonBiz.com, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information that you provide to us in connection with your subscription), and (c) you are the cardholder of the credit card that has been applied to your subscription. You further agree (i) to keep your passwords and account access information confidential and not to share it or the YourHamiltonBiz.com content with any other person other than the individual(s) whom you have notified us are to be added to your account, and (ii) to immediately notify YourHamiltonBiz.com of any unauthorized use of your subscription or account.
4. Changes to Subscription Terms and Rates: YourHamiltonBiz.com may at any time change or modify these Subscription and Website Use Terms or the YourHamiltonBiz.com product and subscription rate upon notice to you. Any modification to the fees you are charged will apply to you following the end of your then current one month subscription term. YourHamiltonBiz.com will notify you in one or more of the following ways: (i) mailing a letter to the billing address you provided to us when you signed up; (ii) sending an e-mail to the email account provided to us when you signed up; (iii) posting on the YourHamiltonBiz.com website; (iv) a newspaper ad; or (v) speaking to you or leaving a telephone message for you. If you do not agree to any such changes or modifications to your YourHamiltonBiz.com subscription or to these Subscription Terms, your sole remedy is to cancel your subscription in accordance with these Subscription and Website Use Terms.
5. Cancellation: To cancel your YourHamiltonBiz.com subscription, please call us at 1-855-526-3500. If you cancel your subscription at any time before the end of the minimum one month subscription term, or if we are unable to process the monthly fee on your credit card for any reason, an early termination fee equal to the remaining balance (plus HST) will be charged to your credit card as liquidated damages and not as a penalty. We require a minimum of five days notice prior to your Payment Date to cancel your YourHamiltonBiz.com subscription, otherwise, you will be billed the complete subscription amount for the applicable month. YourHamiltonBiz.com has the sole discretion to issue refunds.
6. Termination of your account: YourHamiltonBiz.com reserves the right to suspend or terminate your subscription and access to YourHamiltonBiz.com if: (a) the credit card you provide to us is invalid for any reason; (b) you give YourHamiltonBiz.com and/or its affiliates false or misleading information; (c) YourHamiltonBiz.com and/or its affiliates does not receive any payment when due; or (d) YourHamiltonBiz.com has determined, in its sole discretion, that you are in breach of these Subscription and Website Use Terms or that have used your subscription to YourHamiltonBiz.com for unlawful or improper purposes. Any such termination by YourHamiltonBiz.com will be in addition to all rights and remedies otherwise available to YourHamiltonBiz.com. Your ability to receive your YourHamiltonBiz.com subscription is also subject to any limits established by YourHamiltonBiz.com or by your credit card issuer. If your subscription fee cannot be charged to your credit card or your charge is returned for any reason, including chargeback, YourHamiltonBiz.com reserves the right to either suspend or terminate your subscription and your access to YourHamiltonBiz.com.
Customer Service: You may reach our customer care centre at 1-888-526-3500 or email our customer care centre at customerservice@YourHamiltonBiz.com.
WEBSITE ACCESS AND USER TERMS
By accessing, browsing or otherwise using YourHamiltonBiz.com, you agree without limitation or qualification to be bound by these Subscription and Website Use Terms and such other terms and conditions, rules and policies which you may be directed to or are displayed in connection with YourHamiltonBiz.com.
Restrictions on Use of Materials
YourHamiltonBiz.com and all content made available thereon (“Content”) is the property of TSNL or its licensors and is protected, without limitation, pursuant to Canadian and foreign copyright, trademark and other laws. Subject to your compliance with these Subscription and Website Use Terms, TSNL grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable license to download, display or use a single copy of the Content on your computer or other electronic access device for your own personal and non-commercial use as long as you do not alter or modify the Content and you maintain all copyright and other proprietary notices. All rights not expressly granted in the Content are reserved. Other than as explicitly set forth in these Subscription and Website Use Terms, nothing will be construed as granting any license or right to use any Content in any manner without the prior written consent of TSNL or such third party that may own the Content displayed on YourHamiltonBiz.com. Any unauthorized use of any of the Content is strictly prohibited. Except as provided herein, you agree not to reproduce, sell, republish, broadcast, distribute, make derivative works of or otherwise make available any Content, including without limitation by framing, caching or other similar means, without the prior written consent of the copyright owner of such Content.
All trademarks and trade names used, mentioned or displayed on YourHamiltonBiz.com are trademarks or registered trademarks of TSNL, its affiliated companies or of their respective owners. The display of trademarks or trade names on each of YourHamiltonBiz.com does not convey or create any license or other rights in these marks or names. Any unauthorized use of these trademarks and trade names is strictly prohibited.
In order to be able to use YourHamiltonBiz.com, you may be required to register. Should you choose to register, you agree to provide accurate and current information about yourself as required by the registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration on YourHamiltonBiz.com, and (b) all activities, subscriptions and purchases that occur under such password or account. Further, you agree to immediately notify TSNL of any unauthorized use of your password or account. If you provide any information that is untrue or inaccurate or we have reasonable grounds to suspect that such information is untrue or inaccurate, we have the right to suspend or terminate your account and/or your access to YourHamiltonBiz.com. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
Links to Third Party Sites
You may, through the use of hypertext or other computer “links” on YourHamiltonBiz.com, gain access to other sites on the Internet which are not part of the YourHamiltonBiz.com and which are not controlled by TSNL. TSNL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TSNL of the site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures and to guard against viruses and other destructive elements and any collection, use and disclosure of your personal information through such site. TSNL WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR THE ACCURACY, RELEVANCY, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN ANY SITE LINKED FROM YOURHAMILTONBIZ.COM OR FOR ANY INFORMATION OR MATERIAL YOU PROVIDE TO ANY THIRD PARTY.
Unless otherwise indicated on YourHamiltonBiz.com, TSNL is not sponsored by or affiliated with the linked sites, and trademarks used in connection with linked sites are not trademarks of TSNL.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, TSNL IS PROVIDING YOURHAMILTONBIZ.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN ANY CONNECTION WITH YOURHAMILTONBIZ.COM, ITS CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. TSNL DOES NOT WARRANT THAT THE FUNCTION OF YOURHAMILTONBIZ.COM, OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT YOURHAMILTONBIZ.COM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TSNL BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY OTHER DAMAGES OF ANY KIND OR CHARACTER, EVEN IF TSNL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE YOURHAMILTONBIZ.COM, ITS CONTENTS, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED, OR ANY OTHER MATTER RELATING TO YOURHAMILTONBIZ.COM.
The Internet may be subject to breaches of security. Without limiting the foregoing, TSNL is not responsible for any resulting damage to any user’s computer or other electronic access device from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing YOURHAMILTONBIZ.COM.
You expressly acknowledge that We have relied on the disclaimers, limitations and exclusions of liability set out in these Subscription and Website Use Terms in making YourHamiltonBiz.com available to you, and that these disclaimers, limitations and exclusions of liability are an essential part of this agreement between you and TSNL.
Professional Information Disclaimer
YourHamiltonBiz.com may contain certain facts, opinions, views, statements, recommendations and information which may be provided by third parties including but not limited to third parties in professional fields such as medicine, law, engineering, accounting, architecture, financial planning, investments, other health and fitness related areas and other professional fields (“Professional Information”). Such information is for informational or entertainment purposes only and is not to be used or construed as a substitute for professional advice, diagnosis or treatment. Use of YourHamiltonBiz.com does not replace consultations with qualified medical, legal, engineering, accounting, architectural, financial planning, investment, or other professionals. Professional Information may be subject to change and could be out of date. You acknowledge that any reliance on such Professional Information is at your sole risk and that TSNL does not provide you with or endorse any medical, health, tax, legal, accounting, investment or other professional advice or advocate the purchase or sale of any security or investment. You further acknowledge that you are solely responsible for your own research and decisions, including without limitation investment and financial planning decisions. You agree that TSNL shall not be responsible or liable in any way for any loss or damage of any kind directly or indirectly incurred as a result of, or in connection with the use of, or reliance on, any Professional Information.
Third Party Advertisements
Third party advertisers (“Advertisers”) may offer goods, services and other materials to you on YourHamiltonBiz.com. Your correspondence and business dealings with Advertisers including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the Advertiser. You agree that TSNL will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services and other materials on YourHamiltonBiz.com.
Descriptions of, or references to, products or publications within YourHamiltonBiz.com does not imply endorsement of that product or publication. Your dealings or communications through YourHamiltonBiz.com with any party other than TSNL are solely between you and that third party. Under no circumstances will YourHamiltonBiz.com or TSNL, be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
Jurisdiction and Governing Law
YourHamiltonBiz.com is controlled and operated by TSNL. Its offices are located in Ontario, Canada. If you choose to access YourHamiltonBiz.com from another location, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Subscription and Website Use Terms shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or in connection with these Subscription and Website Use Terms or YourHamiltonBiz.com shall be filed only in the provincial or federal courts located in Ontario, Canada and hereby submit to the nonexclusive jurisdiction of such courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of YourHamiltonBiz.com or these Subscription and Website Use Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.
If any provision of these Subscription and Website Use Terms shall be deemed unlawful, invalid or unenforceable by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of the terms of these Subscription and Website Use Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of TSNL. The section titles in these Subscription and Website Use Terms are for your convenience only and do not have any legal or contractual effect.
The failure of TSNL to comply with these Subscription and Website Use Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of TSNL, shall not be deemed a breach of these Subscription and Website Use Terms.
These Subscription and Website Use Terms, including all terms, policies, and guidelines referenced in these Subscription and Website Use Terms, together with any agreement governing your use of YourHamiltonBiz.com, where applicable, is the entire agreement between you and TSNL concerning YourHamiltonBiz.com. These Subscription and Website Use Terms supersede all prior agreements or communications between you and TSNL regarding the subject matter of these Subscription and Website Use Terms.
The parties have required that these Subscription and Website Use Terms and all terms, policies and guidelines relating thereto be drawn up in English. Les parties aux présentes déclarent qu’elles ont exigé que cette entente et tous les documents y afférant soient redigés en langue anglaise.
Published on November 13, 2012