Acceptance

Thank you for visiting the BrandBear website.  BrandBear Inc. (“BRANDBEAR”) owns and operates this website and related pages (collectively, the “Site”). By using the Site, you agree to be bound by these terms of use, including the Privacy Policy referred to below (collectively, “Terms of Use”). We may revise or update the Terms of Use in our sole discretion at any time and without notice. You agree to review the Terms of Use from time to time as may be required to keep informed of any revisions. By using this Site, you agree to be bound by such update or revision. If you do not agree to the Terms of Use, please do not use this Site.

Intellectual Property

Unless otherwise indicated, the contents of this Site, including without limitation, all text, graphics, images, sounds, performances, productions, audio, videos, and the organization, arrangement and assembly of such content (collectively, the “Content”) are the property of BRANDBEAR or BRANDBEAR has obtained the necessary permission from the owner of the intellectual property in such Content to use the Content on our Site, and are protected, without limitation, pursuant to Canadian, U.S. and foreign intellectual property law, including copyright, trademark and other laws and regulations. No Content either in whole or in part may be copied, reproduced, downloaded, modified, sold or distributed without BRANDBEAR’s prior written consent, except as BRANDBEAR, in its sole discretion, grants you a limited non-exclusive, not transferrable license to use and display on your computer or other electronic device, the Content for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. The use of any Content anywhere else is prohibited.

Site Use Rules

You may not use this Site in order to link to, transmit, or otherwise distribute, store or destroy material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, profane, pornographic, threatening, abusive or hateful. Users may use this Site only for lawful purposes and in compliance with the Terms of Use and applicable laws.

Links

Any third party sites that are linked to this Site are not owned by BRANDBEAR or under BRANDBEAR’s control. BRANDBEAR is not responsible for anything on the linked sites, including without limitation any content, links to other sites or any policies those sites may have. BRANDBEAR is not responsible in any way for any aspect of any goods and services you may purchase from those sites.  We may provide third party content and links only as a convenience to our users. Such content or links do not imply any endorsement by BRANDBEAR.

Website Security Rules

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of any system or network security may result in civil or criminal liability. BRANDBEAR will investigate occurrences that may involve such violations and may involve and co-operate with law enforcement authorities in prosecuting users who are involved in such violations.

Disclaimer

THE CONTENT ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. BRANDBEAR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.” BRANDBEAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. BRANDBEAR DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. BRANDBEAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Neither BRANDBEAR, nor its affiliates, licensors, assigns, successors, partners, advertisers, sponsors and content providers, and all of their respective officers, directors, employees, licensors, suppliers, service providers, successors and permitted assigns, representatives and agents (or any other person or entity involved in creating, producing or distributing such content) make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, reliability or content of any information, service or products provided through the Site.

BRANDBEAR does not endorse, nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site (included those submitted by users), nor for any offensive, defamatory or obscene posting made in the community areas or comment sections. Under no circumstances will BRANDBEAR be liable for any loss or damage caused by your reliance on content obtained through the Site.

Please seek advice from professionals, as appropriate. All content provided or opinions expressed are for informational purposes only and are not a substitute for professional medical advice. Always seek advice from your doctor or other qualified healthcare practitioner.

Limitation of Liability

BRANDBEAR SHALL NOT BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY THAT RESULT FROM, WITHOUT LIMITATION, THE USE OF THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY USER CONTENT, ERROR, OMISSION, INTERRUPTION OR COMPUTER VIRUS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BRANDBEAR BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE SITE, EVEN IF BRANDBEAR OR AN BRANDBEAR AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BRANDBEAR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

YOU AGREE THAT IN THE EVENT YOU INCUR DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF BRANDBEAR’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING EXPLOITATION OF THE SITE AND YOU WILL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE.

Indemnity
You agree to defend, indemnify and hold harmless BRANDBEAR, including its employees, officers, directors, shareholders, agents, consultants and licensees, from and against any and all claims, actions, damages and expenses, including without limitation reasonable legal and accounting fees, alleging or resulting from your use or misuse of the Site or your breach of these Terms of Use. We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you.

Choice of Law and Jurisdiction
This Agreement shall be construed in accordance with the laws of the Province of Ontario and the Federal laws of Canada. Any claim or action arising from these terms shall be filed in the courts of the Province of Ontario. The parties attorn to the exclusive jurisdiction of the courts of the Province of Ontario.

Severability
If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Ownership of the Site, Copyright and Trademark
© 2018 BrandBear Inc. All rights reserved. Unless otherwise noted, all materials on the Site are protected as the copyrights, trade dress, trademarks and, or alternatively, other intellectual properties owned by BRANDBEAR, its subsidiaries, its affiliates and others, and is protected by Canadian, American and international copyright, trademark and other laws. Your use of the Site does not transfer to you any ownership or other rights in the Site or its content.

Privacy
Please see our Privacy Policy, which is incorporated by reference into these Terms of Use.