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Terms of Use

Hooray Design and the UpTown Waterloo BIA
For the
SUN LIFE FINANCIAL UPTOWN WATERLOO JAZZ FESTIVAL
Website

TERMS OF USE
This Website is operated by Hooray Design as an agent of, on behalf of and at the request and direction of Uptown Waterloo BIA. Access and use of this Website is provided to you on condition that you accept these Terms of Use, and by accessing or using this Website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Website. These Terms of Use may be updated or revised at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this Website after any such changes are posted will constitute your acceptance of these changes. You may not interfere with the security of, or otherwise abuse this Website or any system resources, services, or networks connected to or accessible through this Website. You may only use this Website for lawful purposes.

Intellectual Property
All materials (including the organization and presentation of such material) on this Website (the “Materials”) are the property of Hooray Design, Uptown Waterloo BIA, or their licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights. The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way. Unless you have entered into a separate agreement with Hooray Design or Uptown Waterloo BIA, as the case may be, any other use of these Materials without written permission of the owner of same is prohibited.

Currency of Website
The information on this Website may be updated periodically. However, neither Hooray Design nor Uptown Waterloo BIA guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website. The information, services and/or the resources contained in this Website may be updated, revised or deleted at any time and without prior notification to past, current or prospective visitors. Linked Websites

This Website may provide links to third party Websites for your convenience only. The inclusion of these links does not imply that Hooray Design or Uptown Waterloo BIA monitor or endorse these Websites. Neither Hooray Design nor Uptown Waterloo BIA. accept any responsibility for such Websites and neither Hooray Design nor Uptown Waterloo BIA shall be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Websites or linked resources. Internet software or computer viruses.

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website. Computer viruses or other destructive programs may also be inadvertently downloaded from this Website.

Neither Hooray Design nor Uptown Waterloo BIA shall be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any of the Materials from this Website. It is recommended that you install appropriate anti-virus or other protective software.

Website and Materials Provided “As Is”
THIS WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER HOORAY DESIGN NOR UPTOWN WATERLOO BIA REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL HOORAY DESIGN OR UPTOWN WATERLOO BIA OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF HOORAY DESIGN OR UPTOWN WATERLOO BIA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, HOORAY DESIGN AND UPTOWN WATERLOO BIA TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification
You agree to indemnify and hold Hooray Design and Uptown Waterloo BIA harmless against all claims or liability asserted against Hooray Design or Uptown Waterloo BIA. arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use

Email
The Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Neither Hooray Design nor Uptown Waterloo BIA. shall be liable for any damages related to communications to or from this Website. You agree with respect to any information provided by you through this Website or via e-mail that: Hooray Design and Uptown Waterloo BIA. have no obligation concerning such information; the information is non-confidential; Hooray Design and UpTown Waterloo BIA. may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose; and the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law
This Website is operated and administered from within the Province of Ontario, Canada. This Website can be accessed from all provinces and territories of Canada, from all states and territories of the United States as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing this Website, you acknowledge and agree that all matters relating to access to or use of this Website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily.

General
Hooray Design or Uptown Waterloo BIA failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demande que cette convention ainsi que tous les documents qui s’y rattachent soient en anglais.