Please read these Terms carefully before you use or the Website and/or Services.

 

1. BINDING AGREEMENT

These Terms are a binding agreement between you and PHMG and its affiliates and subsidiaries. “You” and “users” shall mean any participant in or user of the Website and/or Services, including but not limited to individuals, organizations, companies or other persons. You affirm that if you are accessing or using the Website and/or Services on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms. You confirm your acceptance of these Terms each time you access or use the Website and/or Services. If you do not accept these Terms, you are not authorized to use or access the Website and/or Services. These Terms and the entity providing the Website and/or Services to you may vary based on your use, your region or other factors and such details will be provided to you as applicable. To the extent there are any additional contractual documents or terms entered into by you in respect of the Website and/or Services, these Terms shall form an integral part of such additional terms and these Terms are incorporated by reference into them.

 

2. REVISIONS TO TERMS

We reserve the right, in our sole discretion, to revise the Terms at any time, in whole or in part, by posting an updated version on our Website. Changes to the Terms will be effective when posted. You hereby agree to periodically visit our Website to review the most current Terms. Your continued use of the Website and/or Services or any part thereof after any changes to the Terms are posted constitutes your acknowledgement and binding acceptance of the Terms and revisions or updates as the case may be from time to time. We are not liable to you or any third party in any respect arising from any change or interruptions to the Website and/or Services. If you object to any changes to the Terms your sole recourse will be to stop using the Website and/or Services.

 

3. AGE RESTRICTION

By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with PHMG and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website and/or Services.

 

4. PRIVACY

The Terms include our Privacy Policy which is incorporated by reference into the Terms. Information you provide us will be treated in accordance with the Privacy Policy which may be accessed via our Website. We recommend that you read the Privacy Policy.

 

 

5. USE AND ACCOUNT SET-UP

Users are responsible for obtaining their own access to the Website and/or Services. Users are required to ensure that all persons who access the Website and/or Services through a user’s internet connection are aware of these Terms and comply with them. The Website and/or Services, including content or areas of the Website, may require the user to register and create and account (an “Account”) and select a unique user name and password (collectively, “Credentials”). It is a condition of your use of the Website and/or Services that all the information you provide on the Website and/or Services is correct, current, and complete. Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of the Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You are responsible for any Credentials misuse or any unauthorized access. You will not permit any other person to use your Account or Credentials, and you will immediately notify us if you know or suspect that your Account or Credentials have been used by any other person.

 

We reserve the right at any time and from time to time, to disable or terminate your Account, Credentials, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms. We may act upon any communication that is given through your Account or by using your Credentials. We are not required to verify the actual identity or authority of a person using your Account or Credentials, but we may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if we are not satisfied with the verification. If PHMG, in its sole discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then we may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.

 

Your provision of registration information and any submissions you make to the Website through any functionality such as applications, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

 

The transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website and/or Services.

 

6. NO CIRCUMVENTION

You are prohibited from attempting to circumvent and from violating the security of this Website and/or Services, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website and/or Services via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website and/or Services.

 

7. TRADE-MARKS, COPYRIGHT AND OWNERSHIP

PHMG (Canada) Inc., PHMG, this Website domain, URLs and other trade names or trade-marks of PHMG used on this Website, and related words and logos are trade-marks or trade-names of PHMG in Canada and other jurisdictions. PHMG may also be the owner in Canada as well as other foreign jurisdictions of additional trademarks, registered and unregistered. Nothing in these Terms or on this Website will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of PHMG. The names of other companies, products and services referred to on this Website may be trademarks or trade names of their respective owners. Any unauthorized use of the trademarks or trade names of PHMG or of third parties is strictly prohibited.

 

All information, content and materials, including, without limitation, any video and sound recordings, text, organization, logos, brand elements, graphics, design, and other matters related to the Website or Services (collectively, the “Content”) are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws and are the property of PHMG and/or its licensors. The Content is provided to you AS IS, without any representation or warranty, whether express or implied. The copying, reproduction, use, modification or publication by you of any such Content or any part of the Content related to the Website and/or Services is strictly prohibited, without our express written permission. Other product and company names mentioned herein, including the names of any other parties, may be the trademark of their respective owners.

 

The materials provided on this Website and/or thorough our Services, including, without limitation, all portions of this Website, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to the PHMG products and materials remains with PHMG and any unauthorized use of such is strictly prohibited. PHMG reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trade-mark and copyright law. Except as explicitly required under applicable copyright laws and treaties or permitted by the features of the Website, you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party access to the content of the Website, without the express permission of PHMG and the owner of such content.

 

We do not grant you any licenses, express or implied, to the intellectual property of PHMG or our licensors except as expressly authorized by these Terms.

 

We reserve the right but are not obligated to remove any content if we have reasonable grounds to suspect that such content violates these Terms and/or infringes the intellectual property of any other party.

 

8. USER CONTENT, SITE MONITORING AND ENFORCEMENT

Portions of this Website may allow users to post and exchange information, reviews, feedback and opinions (“User Content“), but we do not screen, edit or review any User Content before they are posted or transmitted. Please note that posted or transmitted User Content do not necessarily reflect the views of PHMG, and we disclaim all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance on this Website.

 

PHMG has the right, without provision of notice to:

 

• Remove or refuse to post on the Website any User Content or other forms of communication for any or no reason in our sole discretion;

 

• Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms;

 

• At all times, take such actions with respect to any User Content deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms; and

 

• Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

 

YOU WAIVE AND HOLD HARMLESS PHMG AND ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY PHMG AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER PHMG OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

 

We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

 

PHMG does not represent or guarantee the truthfulness, accuracy, availability or reliability of User Content or PHMG content. You accept that any reliance on such material is at your own risk. By using the Website and/or Services you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. You agree to use the Website and/or Services and related content only for their intended purpose. You must use the Website and/or Services and related content in compliance with all privacy, data protection, intellectual property, and other applicable laws.

 

None of the User Content you submit to the Website will be subject to any confidentiality by PHMG. By providing any User Content to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Content.

 

9. PROHIBITED USE

In addition to complying with these Terms, you agree to use this Website, materials on this Website and Services for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.

 

Potential users of this Website, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Website illegal; are unauthorized to use this Website.

 

You agree not to access and/or use the Website or Services for any purpose not expressly authorized by these Terms. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website or Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial/state or municipal/local rules, laws, or regulations; (d) to infringe upon or violate PHMG’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, harm, insult, defame, slander, disparage, intimidate, or discriminate based on protected grounds; (f) to submit false or misleading information; (g) to upload or transmit viruses or any kind or any other type of malicious code that will or may be used in a way that will affect the functionality or operation of the Website or Services, or any related website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website and Service or any related websites, or the Internet. We reserve the right to terminate your use of the Website and/or Service or any related website for violating any of the prohibited uses.

 

10. NO RELIANCE

The content on our Website and/or Services are provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Website.

 

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither PHMG nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.

 

This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by PHMG, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of PHMG. Neither PHMG nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

 

11. ELECTRONIC COMMUNICATIONS

You consent to PHMG communicating with you by e-mail or web or internet posting and you consent to receiving e-mails and other electronic communications from PHMG to communicate with you about the Website and Services. By using Services or providing any personal information to PHMG, you agree and consent that PHMG may communicate with you electronically regarding your use of Services including promoting or making you aware of PHMG offerings, new services and products. To withdraw your consent to receiving electronic communications from PHMG you may e-mail us at: [INSERT EMAIL ADDRESS].

 

12. LINKS

Our Website and Services may contain materials and/or links to third-party websites or resources. You acknowledge and agree that PHMG is not responsible or liable, without limitation, for: (a) the availability or accuracy of such websites or resources; (b) the content, products or services on or available for such websites or resources. You understand and agree that PHMG does not review, endorse, approve or control the content, products or services on or available from third-party websites or resources, and is not responsible or liable for the behaviour, availability or features or content or any third-party website or resource or for any losses or damages arising out of you interaction with any third party. Your use of these third-party websites and/or resources is at your own risk and subject to separate terms of use.

 

13. BREACH OR VIOLATION OF THESE TERMS

Should you violate these Terms, as determined in the sole discretion of PHMG, reserve the right to refuse to provide Services to you in the future for any lawful reason.

 

14. SERVICE LIMITATIONS

We can change or cancel the Services at any time. We are not liable for the actions of our users when they use Services. If we change or cancel Services at any time we are not liable for how this may affect you. We do not guarantee the quality or accuracy or availability of any content you view using Services or related content or other websites. We may change, cancel, suspend, or discontinue any aspect of Services at any time, including hours of operation or availability of Services or any feature, without notice or liability.

 

15. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT POSSIBLE BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

(A) YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND PHMG, IT’S PARENT, SUBSIDIARIES, AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, PARTNERS, SUPPLIERS AND LICENSORS (THE “RELEASED PARTIES“) EXPRESSLY DISCLAIM ALL CONDITIONS, GUARANTEES, REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY OR THROUGH THE WEBSITE AND/OR SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, SAFETY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS;

 

(B) RELEASED PARTIES MAKE NO WARRANTY OR CONDITIONS REGARDING THE QUALITY, RELIABILITY, TIMELINESS OR SECURITY OF THE WEBSITE OR SERVICES OR THAT SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT: (I) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE; (III) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE THROUGH THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; AND (IV) ANY ERRORS IN THE WEBSITE OR SERVICES WILL BE CORRECTED, AND;

 

(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. WE ARE NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD OR OTHERWISE ACCESS CONTENT.

 

16. LIMITATION OF LIABILITY

PHMG and its owners and affiliates, and their officers, directors, shareholders, employees, agents, contractors, service providers, partners, suppliers and licensors are not liable for anything that happens to you that may be connected to your use of the Website and/or Services. You may be responsible for our legal fees and costs arising out of your use of the Website and/or Services or any breach by you of these Terms.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR THOSE AUTHORIZED BY YOU TO USE SERVICES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PHMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THESE TERMS, THE USE OF THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO THOSE FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY; (iv) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

 

IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PHMG SHALL CREATE ANY WARRANTY OR CONDITION.

 

THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.

 

You are subject to the limitations of liability contained in this policy and all ancillary policies adopted by us. In the event that, notwithstanding such limitations of liability, we are determined to be liable to you in connection with any transaction between us and you pursuant to these Terms and/or the ancillary policies, our liability to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100. We are not, in any event, liable for any consequential, exemplary or indirect damages.

 

17. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless PHMG and its parent, subsidiaries, affiliates and their respective, directors, officers, shareholders, employees, affiliates, partners, contractors, agents, suppliers and licensors from and against any claims, liabilities, damages, losses, actions, or demands from you or any third party, including without limitation reasonable legal and professional fees, alleging or resulting from (i) your use of the Website and/or Services, (ii) your use of or reliance on any third party or PHMG content, (iii) any User Content you distribute on or through the Website or Services or which is sent to us by e-mail or other correspondence; or (iv) your breach of these Terms, applicable laws, rules, regulations or rights of any third-party. Notwithstanding the foregoing, PHMG retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.

 

18. GENERAL

These Terms, the Privacy Policy and all other notices, policies and statements contained on this Website (all as may be amended by PHMG from time to time without prior notice) constitute the entire agreement between us and you. These Terms cannot be modified except as described herein. Anything in this Website inconsistent with these Terms is superseded by these Terms. No waiver of any of these Terms will be deemed a further or confirming waiver of such Term or any other Term. If in any jurisdiction, any of these Terms are held to be unenforceable by a court of competent jurisdiction, such Terms will be restricted or eliminated to the minimum extent necessary and the remaining Terms will otherwise remain in full force and effect. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. If you access the Website from a location outside of Canada, you are responsible for compliance with all applicable local laws and regulations.

 

The relationship between PHMG and you will be that of independent contractors, and neither of us nor any of our respective directors, officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms, Website or Services.

 

These Terms have been drawn up in the English language at the express request of the parties. Les presents modalitiés ont été rédigées en Anglais á la demande expresse des parties.

 

19. APPLICABLE LAW, WAIVER OF JURY TRIAL OR CLASS ACTION, ARBITRATION

These Terms and the legal and contractual relationship between you and PHMG shall be exclusively governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the United States Uniform Commercial Code, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. You irrevocably agree to the exclusive jurisdiction of the courts of the Province of Ontario for the resolution of disputes between us relating to the Terms, Website or Services. You waive the right to any trial by jury in respect of any matters relating to these Terms and you waive and forever surrender your right to participate in any class action lawsuit in any jurisdiction for any matter or claim relating to or arising from these Terms or your use of the Website and/or Services. PHMG may, upon written notice to you and in PHMG’s sole discretion, elect to have any dispute arising from the Terms or your relationship with PHMG resolved by mandatory private arbitration under the Arbitrations Act of Ontario, with the place of such arbitration to be at Toronto, Ontario. The foregoing does not, however, preclude PHMG from seeking injunctive relief in other jurisdictions when necessary to protect its interests.

 

20. CONTACT US

We value your visit to this Website and welcome any questions or comments you might have about this Website, these Terms, or any of the products or services offered by PHMG. If you have any questions or concerns relating to the terms and conditions or to any of its ancillary terms and conditions, please contact us via e-mail at: info@phmg.com.