Terms of Use

Use of this Site Signifies Your Agreement to the Terms of Use

Please read these terms of use carefully

Welcome to AMI.ca.  By using this site (the “Site”), you signify your agreement to be bound by these terms of use, including the Privacy Policy referenced below (“Terms of Use”). If you do not agree to the Terms of Use or Privacy Policy, please do not use the Site. We may modify, revise or update the Terms of Use at any time by updating this posting. By using the Site following any such modification or revision, you agree to be bound by such modification or revision. We recommend that you consult the Terms of Use each time you use the Site.
 
 

PRIVACY

For information on how user information is collected, used and disclosed by AMI in connection with your use of the Site, please consult our Privacy Policy​.
 

RESTRICTIONS ON USE OF MATERIALS

The Site is owned and operated by Accessible Media Inc., and/or its related, associated, affiliated, successor, parent and subsidiary entities (collectively, “AMI”). Unless otherwise indicated the contents including without limitation, all logos, texts, graphics, images, soundtracks, videos, and the collection, organization, arrangement and assembly of the contents of this Site are the property of AMI and are protected, without limitation, pursuant to Canadian, U.S. and foreign intellectual property, including copyright, trademark and other laws and regulations. 
 
No material from this Site, either in whole or in part, may be copied, reproduced, republished, uploaded, posted, transmitted, archived, modified, sold or distributed in any way, without AMI’s prior written consent, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of AMI’s copyright, trademark, and trade secret rights and others’ proprietary rights. The use of any such material on any other website or networked computer environment for any purpose is prohibited.
 
In the event you download software from the Site, the software including any files, images incorporated in or generated by the software and data accompanying the software (together, the “Software”) are non-exclusively licensed to you by AMI.  AMI does not transfer title in and to the Software to you. As between you and AMI, AMI retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

 

ACCEPTABLE SITE USE

General Rules

Users may not use the Site in order to transmit, 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 or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, threatening, abusive or hateful. Users may use the Site only for lawful purposes and in compliance with the Terms of Use.

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 authorised 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; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, cancelbot, trojan horse, worm or other harmful or disruptive component to the Site, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”. Violations of any system or network security may result in civil or criminal liability. AMI will investigate occurrences which may involve such violations and may involve and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

RESPONSIBILITY FOR MINORS

In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor's access to and use of the Site; and (c) the consequences of any misuse by the minor.

TERMINATION

This Agreement will terminate immediately without prior notice from AMI, if in AMI’s sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party’s rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of the Site. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise and you are no longer authorized to access this Site or that part of this Site affected by such termination. In such event, the restrictions imposed upon you by these Terms of Use shall still apply. AMI shall not be liable, obligated or otherwise responsible to any party for damages arising from such termination.  AMI reserves the right to seek all remedies available to it at law and in equity for violations of the Terms of Use.

LINKS

The Site may contain links to third party sites. These links are provided solely as a convenience to you and not as an endorsement by AMI. AMI is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. If you decide to access linked third party sites, you do so at your own risk.

THIRD PARTY POSTINGS

AMI may, in its sole discretion, post material, advertisements, links and other promotional materials of third parties on the Site (“Third Party Material”). Third Party Material is not investigated, monitored or checked for accuracy, appropriateness or completeness by AMI, and AMI is not responsible for any Third Party Material.  Your correspondence or dealings with these third parties found on the Site are solely between you and such third party. You agree that AMI shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of their presence. Moreover, AMI shall not be responsible or liable for the statements or conduct of any third party on the Site. With regard to services or products purchased or obtained by a user from someone other than AMI, we make no representation or warranty of merchantability or fitness for a particular purpose with regard to such services or products, and we hereby specifically disclaim any and all express and implied representations and warranties of any nature whatsoever as to such services and products. Should you access any third party site, you do so at your own risk and these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy policies, of any third party site to which you navigate from the Site.

DISCLAIMER

AMI MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE ON AN “AS IS, WHERE IS” BASIS AND “AS AVAILABLE.” AMI DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. AMI DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THIS SITE OR ITS CONTENTS ARE FIT FOR ANY PARTICULAR PURPOSE, OR THAT THE OPERATION OF THIS 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. AMI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT AMI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AMI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, DIRECT OR INDIRECT DAMAGES, LOSS OF DATA, INCOME OR PROFIT OR DAMAGE TO PROPERTY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF AMI OR AN AMI AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL AMI’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 THIS SITE.

INDEMNITY OF USER

You agree to defend, indemnify, and hold harmless AMI, its officers, directors, employees, affiliates, parents, subsidiaries, related entities and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the material contained on the Site or your breach of the terms of these Terms of Use. AMI shall provide notice to you promptly of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

JURISDICTION

By accessing the Site, you agree that the laws of the Province of Ontario (and the laws of Canada applicable therein) will apply to all matters relating to your use of this Site, without regard to rules relating to conflict of laws. AMI makes no claims that the materials may be lawfully viewed or downloaded outside of Canada. Access to materials may not be legal by certain persons or in certain countries. If you access the Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any action relating to these Terms of Use must be brought in Toronto, Ontario, Canada and you irrevocably consent to the exclusive jurisdiction of the courts of Ontario, Canada.

RELATIONSHIPS

The relationship between AMI and you will be that of independent contractors, and neither of us nor any of our respective 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 of Use or your use of the Site. 

SEVERABILITY

If any provision of this Agreement 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. 

ENTIRE AGREEMENT

These Terms of Use, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by AMI as set forth above.