TERMS OF SERVICE
1.0 PROVISION OF SERVICES
1.1 We will provide online Membership Services to you (the “Member”) pursuant to compliance with the terms and conditions of this Agreement.
1.2 The Membership Service is defined as the use by the Member of website access, software access, and information services provided by Fundwell.ca. The Service may also include access to information services provided through the Internet or by third party providers (collectively, “Non-Fundwell.ca Content”).
1.3 The Member recognizes that Fundwell.ca has no control over the availability, content and performance of its website. Fundwell.ca does not warrant or support any Non-Fundwell.ca content. The Member recognizes that Non-Fundwell.ca content cannot be screened, censored or safeguarded by Fundwell.ca, with regard to copyright, obscenity, integrity, safety or reliability. The Member assumes all risk and liability when accessing the Fundwell.ca website and agrees to indemnify Fundwell.ca in accordance with paragraph 4.0 below.
2.0 USE OF SERVICES
2.1 The Member agrees to maintain and keep account log-in information including but not limited to the account name and password secure and private.
2.2 The Fundwell.ca website is for Members and we invite guests to join in order to experience all of the services offered. The Member therefore agrees not to share the access or log-in information to the account. The Member understands that non-compliance with this provision is cause for account termination.
2.3 The Member agrees not to use, via the Internet, any process, program, or tool designed to discover the access information of Members on Fundwell.ca. The Member agrees not to use the Service to make unauthorized attempts to access the accounts of others.
2.4 The Member agrees to use the Service only as permitted by applicable local, provincial, and federal law. The Member agrees, therefore, not to use the service to plan, incite, promote, facilitate, solicit or conduct any business or activity that is prohibited by law.
2.5 The Member acknowledges that Fundwell.ca is a commercial entity and that Fundwell.ca is connected to one or several Internet Service Providers (“ISPs”). The ISPs may only be used by Members to conduct legal business. This business should, however, not impinge upon the use of the Service by other Members. The Service may not be used to send unsolicited advertising or promotional materials to other users, outside of the Member services offered. Other prohibited activities include, but are not limited to, propagation of computer worms and viruses, and using the network to make unauthorized entry to any other machine accessible via the network.
3.0 NO WARRANTIES
3.1 To the extent possible, Fundwell.ca will make every effort to provide accurate information through its proprietary services. The Member acknowledges that information available through Non-Fundwell.ca content may not be accurate. In any event, as to both Fundwell.ca and Non-Fundwell.ca Content, Fundwell.ca makes no warranty, express or implied, regarding the quality, accuracy, or validity of data and/or information available, that access to the service will be available at any particular time, that operation of the service will be uninterrupted or error free, or that any particular result or information will be obtained. Member accounts are offered on an “as is” basis without warranties of any kind, other than warranties which are incapable of exclusion, waiver, or restriction under the law applicable hereto.
3.2 USE OF INFORMATION, PROGRAMS OR OTHER MATERIALS OBTAINED FROM OR THROUGH THE SERVICE IS AT THE SOLE RISK OF THE MEMBER.
Operation of this service carries inherent risks to Fundwell.ca because Fundwell.ca literally cannot control all aspects of the Service at all times. Accordingly, by acknowledging this Agreement, you agree to indemnify Fundwell.ca for any damages, costs and expenses, including reasonable attorneys fees, that accrue to Fundwell.ca as a result of or arising out of your activities on the Service including, but not limited to, any claims for violation of any copyright, trademark, or protected material, any claim of defamation, slander, libel, disparagement or the like, any use of the Service for illegal purposes, or any use of the service to send or receive obscene materials.
5.0 MISUSE OF SERVICES
5.1 Your access to the Service is a privilege, not a right, and access to the Service is not guaranteed by this Agreement. The act of agreeing to become a Member of the Registry and your use of the Service constitutes your acceptance of and agreement to be bound by this Agreement. This Agreement will be strictly enforced and violators may, at the sole discretion of Fundwell.ca be suspended or terminated from access to the Service for any reason without prior notice or opportunity to be heard. Behavior in violation of the rules embodied in this Agreement carries potential risks to Fundwell.ca and will not be tolerated. Fundwell.ca failure to enforce a particular rule or policy on an occasion or against a person does not preclude the enforcement of the same rule or policy at a different time or against another person.
5.2 Any use of the Service that disrupts the normal use of the Service for other Fundwell.ca Members is considered to be misuse of Fundwell.ca services.
5.3 Modification, alteration, reverse engineering, decompilation, disassembly or creation of derived works based on Fundwell.ca proprietary software or published products are misuse of Fundwell.ca services.
5.4 Any violation of this Agreement is misuse of Fundwell.ca services.
5.5 Violations of this Agreement or any of the Fundwell.ca conditions of use are unethical and may be criminal offenses. You are expected to report to Fundwell.ca any information you may have concerning instances in which this Agreement or the conditions of use have been or are being violated. When Fundwell.ca becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Fundwell.ca may, at its sole discretion, suspend any involved Member(s) from access to the Service. Confirmation of violations may result in cancellation of the individual Member(s) and/or criminal prosecution. The account suspension may be rescinded at the sole discretion of Fundwell.ca.
5.6 Fundwell.ca reserves the right in its sole discretion to suspend or terminate access to the Service to any Member at any time for any reason.
6.0 LIMITATION OF LIABILITY
YOU JOIN AND PARTICIPATE IN THE SERVICE AT YOUR OWN RISK. FUNDWELL.CA SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES WHICH RESULT TO YOU FROM YOUR USE OF OR PARTICIPATION IN THE SERVICE. FUNDWELL.CA DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Fundwell.ca shall not be liable for any damage that a Member may suffer arising out of use, or inability to use, the Service or products provided hereunder. Fundwell.ca shall not be liable for unauthorized access by third parties to your facilities or premise equipment or for unauthorized access to or alteration, theft, loss or destruction of your data files, programs, procedures or information through accident, fraudulent means or devices, or any other method.
IN NO EVENT WILL FUNDWELL.CA, ITS SERVICE PROVIDERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE, USE OR PERFORMANCE OF THE SERVICE.
The Member is responsible for and must provide all equipment and services necessary to access the Service.
8.0 CHOICE OF LAW AND FORUM
8.1 This Membership Agreement is made and entered into in Canada, as it relates to the federal registration of Fundwell.ca’s dba company, LocalTown Inc. By registering with the Membership Services, you agree that any disputes between you and Fundwell.ca will be governed by the laws of Canada and you further agree to the exclusive jurisdiction of a Superior Court of Justice, in the applicable province of Canada, as determined by Fundwell.ca, for all disputes arising out of or related to this Agreement or your participation in the Service.
8.2 Any cause of action of a Member with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.
9.0 ENTIRE AGREEMENT
9.1 This Agreement and any operating rules published over the Service constitutes the complete agreement and understanding between Fundwell.ca and the Member regarding the Service and supersedes any other written or oral agreement.
9.2 Upon notice published on-line by Fundwell.ca, Fundwell.ca at its sole discretion, may modify this Agreement, and/or modify its pricing structure. Fundwell.ca may, in its sole discretion and without prior notice, discontinue or change the services offered. Only Fundwell.ca can modify this Agreement or change a rule or policy of this Service.