Ownership of Website
The Website is owned by Snowbird Advisor Insurance Inc. (“We”, “Us”, or “Our”). Any references to “you” or “your” means the person or entity using or accessing this Website.
Acceptance of Terms
Your use of the website, including the content, products and services provided through the website and all on-line tools (collectively the “Website”), is subject to these Terms of Use (the “Terms”). Before using the Website, please read the Terms carefully. By accessing the Website, you agree to comply with the Terms, as amended from time to time. If you are dissatisfied with the Website or with these Terms, your sole and exclusive remedy is to discontinue using the Website.
Amendment to Terms
We may amend and update these Terms from time to time. The most current version of our Terms will be posted on our Website here. You should periodically check our Website for any changes to our Terms. By accessing and using the Website, you are agreeing to comply with the Terms that are then in effect.
Permitted Users
The Website may be accessed and used only by individuals resident in Canada or the United States who have reached the age of majority in their jurisdiction of residence, can form legally binding contracts under applicable law, and have accepted these Terms (“Permitted Users”). The Website is not intended for use by persons resident in any jurisdiction outside Canada or the United States. If you access the Website from other locations, you are responsible for compliance with applicable local laws.
If you do not agree with any of the Terms, or you are not a Permitted User, you may not use the Website.
Website Modifications
We may at any time modify or discontinue the whole, or any part of, the Website, without notice to you. We are not responsible or liable, directly or indirectly, to you in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
No Professional Advice
The Website is provided for informational purposes only, and is not guaranteed to be accurate, complete, or timely, and nor is it tailored to your specific circumstances. The Website is not intended as a substitute for professional advice with respect to any matters addressed, including without limitation insurance, health or medical matters. You should obtain appropriate, qualified professional advice for your specific needs before acting or omitting to act based upon any information provided on or through the Website.
Errors or Inaccuracies
Under no circumstances will we be liable in any way for any content provided on the Website (the “Content”), including, without limitation, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Content posted or otherwise made available through the Website.
Privacy
We collect, use, and disclose your personal information in accordance with our Privacy Policy located here. Each time you use the Website, you consent to our collection, use and disclosure of your personal information in accordance with the Privacy Policy.
Your Obligations
You agree that you will not (i) interfere with the functioning of the Website; (ii) bypass any measures used to secure or restrict access to the Website; (iii) impose an unreasonable or disproportionately large burden on the Website's infrastructure; (iv) employ any automatic devices or means to use or access the Website; (v) store, modify, transmit, reverse engineer or distribute a significant portion of the Content, or the design and layout of the Website; or (vi) use the Website for any purpose that is unlawful or prohibited by these Terms.
Termination of Access to the Website
We may, in our sole discretion, terminate your access to and use of the Website for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Any termination of your access to the Website may be effected without prior notice to you. We shall not be liable to you or any third party for any termination of your access to the Website.
Use of Website at Your Own Risk
Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis and without any representation, warranty or condition of any kind, whether express or implied, with respect to the Content, the technology used to provide the Website (the “Technology”) or the services made available through the Website (the “Services”), including but not limited to any implied warranties of merchantability or fitness for a particular purpose. Any material downloaded or otherwise obtained through the use of the Website is at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Without limiting the generality of the foregoing, we make no warranty that the Website will meet your requirements; that access to the Website will be uninterrupted, timely, secure or error-free; or that any errors will be corrected.
Limitation of Liability
We will not be liable for (a) any damages to or viruses that may infect your computer as a result of accessing or browsing this Website or downloading any Content, or (b) any direct, indirect, consequential, special, exemplary or punitive damages or any damages for loss of use, loss of profits, loss of goodwill, economic loss or other intangible loss, whether in contract, tort or equity, even if we have been advised of the possibility of such damages or loss or such damages are reasonably foreseeable, resulting from the use of, or inability to use, or performance of the Website, Content or Services. Some jurisdictions do not allow the limitation of liability, so this limitation may not apply to you.
Indemnity
You agree to indemnify and hold us, our parent companies, subsidiaries, affiliates, suppliers, licensors, service providers, partners, directors, officers, employees, contractors, agents, brokers and other related parties, harmless from and against any and all liability, claims, costs and expenses, including without limitation reasonable legal and court costs, in connection with any claim or demand arising from, related to, or in connection with, your violation of these Terms; your use of the Website, Content or Services or your placement, posting or transmission of any message, information, software or other content on or through the Website. You will assist and cooperate as fully as reasonably required by us in the defence of any such claim or demand.
Intellectual Property
We, and applicable third parties, hold all right, title, and interest in and to the Website, including without limitation all Content and Technology. The Content and Technology is protected by Canadian and international copyright, patent, trademark, and other applicable intellectual property laws. You may print or download the pages of the Website solely for your lawful and personal use provided that you do not modify any of the Website pages or other Content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. Notwithstanding the foregoing, your use of the Website does not grant or transfer to you any ownership or other rights in the Website, and except as expressly provided, nothing herein or within the Website shall be construed as conferring to you or any other person any license under any of our or any third party’s intellectual property rights, including without limitation any right to rent, lease, loan, copy, download, display, perform, reproduce, distribute, sell, modify, edit, alter or enhance any of the Content, or part thereof, or Technology, or part thereof, in any manner. You agree not to access the Website by any means other than through any interface that is specifically provided by us for use in accessing the Website.
Copyright Notice
All information and content contained on, or made available over, the Website is subject to copyright protection: “Copyright © 2018 Snowbird Advisor Insurance, All rights reserved.” Any copying, republication or redistribution of such content is expressly prohibited without our prior written consent.
Trademarks
Snowbird Advisor Insurance and snowbirdadvisorinsurance.ca are trademarks of Snowbird Advisor Insurance Inc. All other products, services, brands, company names and logos used on the Website are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Website without our express written consent, or the express written consent of the owner of the mark, as appropriate, is strictly prohibited.
RSS Feeds
The Website may provide RSS (really simple syndication) feeds (“RSS Feeds”) as part of the Services to allow you to obtain certain parts of the Content in XML format (“RSS Content”) for display on designated pages of your website (“Your Website”). If you subscribe for the RSS Feeds, you acknowledge that any use of the RSS Feeds and RSS Content is subject to the terms set out herein and that by subscribing to the RSS Feeds you are agreeing to be bound by the terms set out in this section.
RSS Feeds are offered for non-commercial use. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license solely to incorporate and display RSS Feeds as provided by us onto Your Website under the name of Snowbird Advisor Insurance or as otherwise designated by us in any manner. These limited rights shall be automatically and immediately revoked upon any termination of these Terms. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use the RSS Feeds as provided by us, and you may not edit or modify the text, content or links supplied by us in any way. You are responsible, at your cost, to create or apply software so that any person you permit to click on our links on Your Website (“Your User”) can pull down the related page from our Website to Your User’s computer.
Any other use, reproduction, display, uploading or posting on the Internet, transmission, redistribution or exploitation of the RSS Feeds or the RSS Content is strictly prohibited without our prior written consent including, without limitation, providing access to the RSS Feeds or RSS Content from any mobile wireless services or interactive television service.
You undertake to respect the integrity of the RSS Feeds and RSS Content and our trademarks. Furthermore, you undertake not to place the RSS Feeds and RSS Content in a context which would alter its meaning. Such RSS Feeds and RSS Content must be clearly separate from any other content not provided by us. Each RSS Feed and RSS Content reproduced on Your Website includes a clickable hyperlink to the relevant item on our Website, which hyperlink must be used “as is” and may not be removed under any circumstances. You acknowledge that the RSS Feeds must link and redirect to the appropriate page on our Website when a user clicks on the RSS Content. You shall not display the RSS Feeds or RSS Content in such a manner that does not allow for successful linking and redirection to, and delivery of, our appropriate Website page, nor may you frame any page on our Website. You may not insert any intermediate page, splash page or other content between the link from any RSS Feed or RSS Content and our applicable Website page.
The RSS Feeds and all materials displayed or otherwise accessible through the RSS Feeds, including, without limitation, headlines, links, other source identifiers, articles, text, trademarks, computer software and code (individually or collectively, the “RSS Materials”) are protected under Canadian and international copyright, trade secret, patent, trademark, and other applicable intellectual property laws. You acknowledge that we own and retain all right, title and interest (including without limitation all copyright, trade secret, patent and trademark rights) in and to the RSS Materials. Without limiting the generality of the foregoing, you acknowledge and agree that the RSS Feeds and RSS Content may not be used or reproduced except as provided herein without Our consent.
We reserve the right to discontinue providing any or all of the RSS Feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the RSS Feeds for any reason including, without limitation, your violation of any provision of these Terms.
We assume no liability for any of your activities in connection with the RSS Feeds or for your use of the RSS Feeds in connection with Your Website or your use or Your User’s use of the Website or RSS Feeds. You agree to indemnify Us against any claim by Your Users against us resulting from Your Website.
Linking and Framing
Other websites may link to the Website but the framing of the Website or any of its Content in any form and by any method is strictly prohibited. Notwithstanding the foregoing, we reserve the right to cancel and revoke the permission of any party to link to the Website at any time, for any reason, without any notice, and without any liability.
Links to Other Websites
We may provide links to other websites that may be of interest to you for your convenience only. Your linking to any other websites is at your own risk. We do not endorse any other websites and are not responsible for their content. You should carefully read the terms of use of any other website you may link to from our Website.
Registered User Accounts
In order to access certain parts of the Website, you may have to register as a user with us. In order to register, you will select a password and account name, and may be required to supply additional information. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including your password. You agree to keep any password strictly confidential and to be responsible for any Website use connected to your password. You also agree to notify us immediately if you know or have reason to believe that the security of your password has been compromised. We will not be liable for any loss or damage arising from your failure to comply with this section. We reserve the right to suspend, restrict, disable or delete your account at any time and for any reason or no reason without notice.
Governing Law and Jurisdiction
These Terms, your use of the Website, and all related matters shall be governed solely by the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario sitting in the City of Toronto in relation to all disputes arising from or related to these Terms, your use of the Website and any related matters.
Following Termination
If these Terms or your permission to use the Website is terminated for any reason, these Terms, including the disclaimers, limitations of liability and indemnity provisions, will survive termination and continue to apply and be binding upon you in respect of your prior use of the Website.
Miscellaneous
Our failure to insist upon or enforce strict performance of any right or provision of these Terms shall not constitute, or be construed as, a waiver of any right or provision of these Terms. If any provision or part thereof of these Terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions, or parts thereof, contained herein. Any rights not expressly granted by these Terms are reserved to us.
Additional information
If you would like additional information regarding these Terms, please contact us using the contact form located here.
Date last revised: July 10, 2018
