Terms and Conditions

Introduction

This Website is proprietary to INSUREYE INC. (“INSUREYE”). By using this website (“Site”) and any services available through this Site (“Services”), including without limitation by browsing, viewing, posting, accessing or downloading information, whether or not you register to become a registered user (“Registered User”) of the Site, you agree to accept and abide by the provisions set out in this Agreement (the “Terms”) for each visit to the Site or use of the Services. If you do not agree to this Agreement in its entirety, then you should not access this Site or use the Services.

You represent and warrant that you have the right, authority and capacity to legally enter into this Agreement and to comply with all of its terms and conditions.

Your use of the Site may be affected by other agreements between you and us or you and third parties and any use of this Site does not modify the terms and provisions of such other agreements.

Site content

The information contained on the pages of this Site is subject to modification and update from time to time without notice. INSUREYE does not guarantee or ensure the accuracy, completeness, currency or authenticity of any Site content, Site functionality, or your transmission of any Site content from the Site to you.

Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly, and your continued access or use of the Site will mean that you agree to any changes.

INSUREYE is not a financial or insurance institution and is not responsible for the services or products represented on this Site. Links from or to websites, including links to the Site, are for convenience only.

INSUREYE does not review or control, and is not responsible for, any websites linked from or to the Site, the content of those websites, the privacy practices of those websites, the third parties named therein, or their products or services. Linking to any other website is at your sole risk and INSUREYE will not be responsible or liable for any damages in connection with such linking. In addition, INSUREYE does not endorse or approve of any websites linked from or linking to the Site.

INSUREYE does not guarantee and makes no representations as to the accuracy, quality, currentness, validity or authenticity of any rates, terms or information related to financial or insurance products.

Disclaimers

You agree that your use of the Site shall be on an “as is” basis entirely at your risk.

NO REPRESENTATIONS, CONDITIONS, WARRANTEES OR GUARANTEES ARE EXPRESSED OR CAN BE IMPLIED REGARDING THE SITE OR THE SERVICES OR THEIR USE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS, CONDITIONS, WARRANTEES OR GUARANTEES AS TO DESCRIPTION, CONDITIONS, FITNESS FOR PURPOSE, QUALITY, QUANTITY OR MERCHANTABILITY OR AS TO ANY OTHER MATTER WHATSOEVER. YOU EXPRESSLY WAIVE ALL SUCH EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, WARRANTIES AND GUARANTEES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY MATERIAL ON THE SITE OR ABOUT CONTINUOUS OR SECURE ACCESS TO OUR SITE OR SERVERS.

INSUREYE may make available certain information provided Related to THIRD PARTY INSURANCE PRODUCTS OR SERVICES (the “INSURANCE Information”). The INSURANCE Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific plan, product or course of action. Use of this Site and the services does not replace careful review of insurance policies or consultations with qualified insurance, financial or other relevant professional. In addition, insurance policies are frequently updated and changes rapidly and therefore, some of the INSURANCE Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the INSURANCE Information rests with you. You further agree that INSUREYE shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such INSURANCE Information.

NEITHER WE NOR OUR AFFILIATES NOR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY, WILL BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR FROM THE USE OF THE SITE or the services. THIS LIMITATION SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY AND SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT, OR ANY REMEDY CONTAINED IN THIS AGREEMENT.

IN NO EVENT SHALL THE FOREGOING BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY LOSSES, DAMAGE OR EXPENSES (INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF PROFITS, LOST BUSINESS, OR LOST SAVINGS) EVEN IF THEY HAVE BEEN ADVISED OF THEIR POSSIBLE EXISTENCE.  THE ALLOCATIONS OF LIABILITY IN THIS AGREEMENT REPRESENT THE AGREED AND BARGAINED-FOR UNDERSTANDING OF THE PARTIES.

IF THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MIGHT NOT APPLY TO YOU.

Use of the Site

The Information is for informational purposes only and is not intended to provide specific insurance, financial, investment, tax, legal, accounting or other advice to you, and should not be acted or relied upon in that regard without seeking the advice of a professional. Your advisor can help to ensure that your own circumstances have been properly considered and any action is taken on the latest available information.

This Site is made available for your personal use only.  We grant to you a non-exclusive, non-transferable, revocable and limited right to make personal use of the Site, including the right to access and view the Site, subject to the terms and conditions set out in this Agreement.  You may not resell, repurpose or make any commercial use whatsoever of the Services or any information available to you through this Site.

This Site may provide chat rooms, bulletin boards and other means for the public to contribute information and make statements. INSUREYE does not make any endorsements of these statements nor representations that the statements are true and accurate. INSUREYE reserves the right to edit statements made within these forums. We also reserve the right to limit or restrict access to users who abuse these forums. You should be cautious when acting on information provided by contributors to these chat rooms. You should not rely solely upon the information and opinions of the chat rooms or bulletin boards.

In addition to any other limitations set out in this Agreement, you may not nor will you allow others to, directly or indirectly:

  • use this Site in a manner that is contrary to applicable law or electronic etiquette, or which would adversely impact use of the Site or the Internet by other users;
  • download or use content from the Site other than for personal non-commercial information purposes;
  • modify, copy, display or translate the Site or any part of the Site;
  • decompile, reverse engineer or disassemble the Site;
  • create, reproduce, upload, download, communicate, publish, store or use any other person’s content that has been posted to the Site, or any content or other material the effect of which is to infringe upon third party intellectual property rights including copyrights;
  • frame or use framing techniques to enclose any element of the Site including any of its content without our express written consent;
  • use any meta tags or other “hidden text” containing our name or trademarks without our express written consent;
  • meta-search the Site;
  • upload, post or otherwise transmit on this Site any harmful, disruptive or destructive files, programs or other items;
  • interfere with the security of, or otherwise abuse, this Site or any system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
  • use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site in whole or in part;
  • use or attempt to use another’s account, password, service, system or other information without prior written authorization from us, or create or use a false identity on this Site, or circumvent measures used to restrict access to the Site;
  • transmit through, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
  • upload to, distribute to, or otherwise disseminate through this Site or through the use of the Services, any material or information of any kind that is defamatory, abusive, or violates any applicable law or infringes or violates any rights of any other person;
  • disrupt or interfere with any other person’s use or enjoyment of this Site or associated or linked sites;
  • attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access;
  • use this Site in any manner that could damage, disable, overburden or impair this Site; or
  • use the Site or Services in any way that violates applicable law.

If you would like further information concerning Site contents or you wish permission to use, to reproduce, or to republish any Site contents, you may contact us in the following ways:

Governing laws

The laws of the Province of Ontario and the federal laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this Agreement and any use of the Site. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this Agreement or your use of the Site.

Intellectual Property Notice

All trade-marks displayed on the Site are trademarks or registered trademarks belonging to us or to our affiliates or licensors, or if not owned by us or our affiliates, are the property of their respective owners.  The appearance of a third party trade-mark on this Site does not in any way imply any endorsement by or affiliation with the third party trade-mark owner or an endorsement by INSUREYE of that owner’s products or services.  The Site look and feel, layout, graphics, icons and images constitute trademarks or trade dress belong to us.

The content and any trade-marks and trade dress on this Site may not be reproduced or used in association with any products or services except as authorized by INSUREYE in writing.

All information on this Site is protected under copyright laws. Except as provided on this Site, no one has permission to copy, redistribute, reproduce or republish any information found on this Site, which includes uploading or downloading without the prior written consent of INSUREYE.

Any retransmission or alteration of trade-marks or other form of unauthorized copying may be a violation of the law and such users may be subject to legal action.

Privacy

Please review our Privacy Policy, which also governs your visit to the Site.  We collect, use and disclose any personal information in accordance with the Privacy Policy and by providing information to us, you consent to the use of such information in accordance with the Privacy Policy.

Indemnity

You agree to hold harmless and indemnify INSUREYE, our agents, affiliates, partners, successors or assigns, and their respective directors, officers, shareholders and employees (each an “indemnified party”), from and against any losses, damages, expenses, fines, monetary penalties, liabilities (whether accrued, actual, contingent, latent or otherwise), claims and demands of any nature or kind including any interest and all legal fees and costs on a substantial indemnity basis, and including without limitation any claims for loss of revenue, expected profits or expected savings, or any other commercial, economic, general, specific, direct, indirect, special, incidental, consequential, punitive or exemplary losses or damages (each a “claim”) which an indemnified party may suffer or incur by reason of any breach or allegation of breach of any warranty, representation or agreement made by you under this Agreement, by reason of your use of the Site or Services or by reason of a failure by you to comply with all applicable laws.

Security

You acknowledge and confirm that the Internet is not a secure medium where privacy can be ensured, and that complete security and confidentiality over the Internet is not possible at this time. Your confidential use of the Site cannot be guaranteed and you acknowledge that your use of the Site (including information you transmit to the Site) may be subject to access by, or disclosure to, other persons. Without limiting any other disclaimer herein, INSUREYE shall not be responsible or liable for any harm that you or any other person may suffer in connection with any such breach of confidentiality or security.

General

This Agreement and the Privacy Policy constitute the entire agreement between you and INSUREYE. This Agreement is governed by and will be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. For the purpose of all legal proceedings this Agreement will be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario will have jurisdiction to entertain any action arising under this Agreement, except for matters that can be tried only before a Federal Court in which case jurisdiction and venue shall be in Ontario.  The parties to this agreement each hereby attorn to the jurisdiction of the courts of the Province of Ontario and of the Federal Court in accordance with the foregoing and waive any objection to venue or any claim of inconvenient forum.