Mercy for Orphans reserves the right, in its sole discretion, to update, revise, supplement, and modify this Policy as well as to impose new and/or additional terms and conditions to this Policy at any time without prior notice. Your continued access or use of the Website after such modifications have been posted shall indicate your acceptance of and agreement to be bound by this Policy as modified. As a result, it is your responsibility to review regularly this Policy.
2. Terms and Conditions of Use
Any reproduction, modification or distribution of the Website materials or content, in whole or in part, is strictly prohibited, except as may be expressly authorized in writing by Mercy for Orphans. Notwithstanding the foregoing, Mercy for Orphans hereby grants to you a license to view, download, and retain copies of this Website and materials published by Mercy for Orphans on this Website for your personal, non-commercial use only, provided you do not remove or alter any copyrighted material or other proprietary information. You also agree that you will not use any part of this Website in such a way that suggests any type of relationship between Mercy for Orphans and you or any entity related to you, unless you have received prior written consent from Mercy for Orphans.
No copying or use of the material from this Website is permitted except in accordance with this Policy or the express written permission of Mercy for Orphans. Mercy for Orphans reserves the right to modify, change, discontinue or suspend the Website in whole or in part, at any time, without prior notice to you. Mercy for Orphans or any of its respective employees, agents, officers, directors or third party service providers (collectively, " Mercy for Orphans and Mercy for Orphans Service Providers") shall not be liable to you or any third party should Mercy for Orphans exercise this right. You represent and warrant that any information or materials you provide to Mercy for Orphans or post on its Website is accurate, not misleading, truthful, not confidential property of third parties, does not violate third party rights, and is offered in good faith. This includes, but is not limited to, information provided as part of any registration, to gain access to, or for use of any service offered on the Website. In addition you agree not to use the Website in connection with any of the following activities: a) sending and relaying spam, impersonating another person or entity, falsely misrepresenting your identity or your affiliations; b) using the site for illegal or fraudulent purposes; c) using the site for transmitting or distributing any illicit or illegal material; d) transmitting material that contains computer programs including, but not limited to viruses, Trojan horses, worms, time bombs, and cancel bots, or any other program that is designed to disrupt, destroy, harm, or damage the operation of the Website or its users. Mercy for Orphans reserves the right at any time, in its discretion, to remove any and all content or material provided or posted by you that it deems to be in violation of this Policy.
3. Monitoring Information
While Mercy for Orphans makes reasonable efforts to ensure that the information provided through the Website is accurate and up to date, Mercy for Orphans makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information.
4. Ownership of Intellectual Property
At all times, Mercy for Orphans owns all rights, title and interest in the Website and you acquire no interest therein. The materials provided on the Website including, but not limited to, all content, site design, text, graphics and the selection and arrangement thereof are protected by copyright. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited. Nothing in this Policy or your use of the Website shall grant you any rights in or to the intellectual property or proprietary rights of Mercy for Orphans. If you provide material or post content onto the Website, you are hereby waiving all moral rights you may have in the material you have provided or posted. By providing or posting this material onto the Website, you hereby grant to Mercy for Orphans a nonexclusive, royalty free, perpetual, and irrevocable license to Mercy for Orphans. The said license gives Mercy for Orphans the right to use, edit, modify, adapt, reproduce, publish, distribute and display such material. You represent and warrant that you own all rights to the material you post on our website and therefore have the authority to grant such a license. Nothing in this or on the Website shall be construed as granting, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any trademarks or trade-names of Mercy for Orphans. The names of other companies, products or services referred to on the Website may be trademarks or trade-names of their respective owners. Any unauthorized use of the trademarks or trade-names of Mercy for Orphans or of third parties is strictly prohibited.
You may not link to this Website without Mercy for Orphans' express written consent. If you wish to link to this Website, please contact us at firstname.lastname@example.org. Certain links on this Website lead to other websites ("Linked Sites"). Independent parties over whom Mercy for Orphans has no control maintain the Linked Sites. The use of any Linked Sites is entirely at your own risk. Mercy for Orphans makes no representations or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites. Mercy for Orphans therefore disclaims all liability and responsibility for the availability of information, content, accuracy, products, or services found on third party sites which are linked from or to the Website. The existence of a link from the Website to any third party site does not constitute an endorsement by Mercy for Orphans of the linked site or any goods, services or information provided through such Linked Sites.
6. Compliance with Laws
7. Disclaimers, Limitations of Liability and Indemnification
YOU UNDERSTAND AND AGREE THAT:
a) Use of the Website is at your Sole Risk. THE WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. MERCY FOR ORPHANS DOES NOT PROVIDE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MERCY FOR ORPHANS DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. MERCY FOR ORPHANS DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE. THE DOWNLOADING OF MATERIAL FROM THE WEBSITE OR LINKED SITES IS DONE AT YOUR OWN RISK. MERCY FOR ORPHANS DOES NOT GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF THE WEBSITE OR ANY LINKED SITE. YOU SHOULD NOT RELY ON ANY OPINION OR OTHER INFORMATION SET OUT IN THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE WHEN MAKING BUSINESS, FINANCIAL, PERSONAL OR OTHER DECISIONS. MERCY FOR ORPHANS AND MERCY FOR ORPHANS SERVICE PROVIDERS DO NOT ENDORSE THE OPINIONS OF ANY THIRD PARTY EXPRESSED ON THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE.
b) Limitations of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MERCY FOR ORPHANS, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS BE LIABLE FOR ANY: (i) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES; (ii) DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY; (iii) CLAIMS OF THIRD PARTIES; OR (iv) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS POLICY, THE WEBSITE OR ANY LINKED SITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF MERCY FOR ORPHANS, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARISING OUT OF OR RELATED TO THIS POLICY EXCEED CDN $100. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
c) Scope of Limitations and Disclaimers. THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY SET OUT IN THIS POLICY SHALL 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 MERCY FOR ORPHANS, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY.
Indemnity. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MERCY FOR ORPHANS AND ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, DEMANDS, LOSSES OR EXPENSES (INCLUDING ALL LEGAL FEES) BROUGHT BY YOU OR ANY THIRD PARTY ARISING OUT OF YOUR USE OF THIS SITE IN BREACH OF THIS OR ANY OF MERCY FOR ORPHANS POLICIES OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.
The laws of the Province of Ontario and any applicable federal laws of Canada shall govern your use of the Website. The Courts of the Province of Ontario shall have exclusive jurisdiction over any dispute arising out of your use of this Website.
9. Entire Agreement
This Policy, any and all other notices, policies and statements contained on the Website (as the same may be amended by Mercy for Orphans from time to time without prior notice) constitute the entire agreement between Mercy for Orphans and you. This Policy cannot be modified except as described elsewhere herein. This Policy supersedes anything in the Website inconsistent with this Policy. No delay or failure to exercise any right or any non-compliance by you, the user, with respect to the terms of this policy shall be construed as a waiver by Mercy for Orphans. No waiver of any of this Policy shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If in any jurisdiction any part of this Policy is held to be invalid or unenforceable by a Court of competent jurisdiction, such part of this Policy shall be restricted or eliminated to the minimum extent necessary with respect to that jurisdiction, and the remaining Policy shall otherwise remain in full force and effect. If such invalid or unenforceable provision may be modified to become valid and enforceable, such provision will be deemed to be modified so as to be valid and enforceable to the greatest extent allowed by law.