This version is in effect since 2012 February 28
Sunrise North Senior Living Ltd. (“Sunrise Senior Living”) WELCOMES YOU TO ITS WEBSITES sunrisequebec.ca and www.sunriseseniorliving.ca (individually and collectively referred to as our “Website”). YOU MUST CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING TO ACCESS OR USE OUR WEBSITE SINCE YOUR ACCESS TO OR USE OF OUR WEBSITE IS SUBJECT TO THIS AGREEMENT.
Your Acceptance of this Agreement.
Ownership and Copyright.
You acknowledge that any and all material, information in text, graphical, video and audio forms, images, reports, articles, publications, data, data structures, website architecture, layout, databases, charts, graphics, photographs, illustrations, maps, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this Website (collectively, the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of Sunrise Senior Living or its respective owners, as the case may be and, are protected under Canadian and international copyright, trade-mark and other applicable laws. You do not acquire ownership rights or any implied right to any Content obtained through this Website and the posting of information or materials on the Website does not constitute a waiver of any rights in such information, materials and Content.
Sunrise Senior Living hereby grants you a personal, limited, revocable, non-transferable, non-assignable and non-exclusive license to access, read and download the Content for your personal, non-commercial, and not-for-profit use only. Access to our Website is provided solely for information in support of the product and services of Sunrise Senior Living. Other than as specifically described above, the Website and its Content may not be copied, imitated, reverse engineered, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, merged with other data, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Sunrise Senior Living.
You may not, nor may you allow others to, directly or indirectly: (i) remove from any copy of the Content, the copyright or other proprietary notices contained in the Content; (ii) sell, modify or attempt to modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use any Content for any public, commercial or non-personal purpose, including without limitation use of the Content on any other website; (iii) use this Website in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Website or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Website; or (iv) disrupt or interfere with any other person’s use or enjoyment of this Website or affiliated or linked websites, or any services thereof. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Website, and that you will comply with all laws that apply or may apply to use of or activities on this Website or in respect of the Content. Sunrise Senior Living will investigate occurrences which may involve violations of such laws and may involve, and cooperate with competent authorities in prosecuting users who are involved in such violations.
No Linking, Framing, Mirroring, Scraping or Data-Mining.
Links to this Website without the express written permission of Sunrise Senior Living are strictly prohibited. To request permission to link to the home page of the Website, please send an e-mail to email@example.com Sunrise Senior Living may in its discretion cancel and revoke any permission it may give to link to the home page of the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of this Website or any of its Content in any form and by any means is also strictly prohibited.
Communication Using the Website.
This Website contains registered and unregistered trade-marks, trade names, logos and other indicia of origin (collectively, the “Marks”) owned or licensed by Sunrise Senior Living or its affiliates, subsidiaries, related companies or third-parties. All Marks are the property of their respective owners. Any use of the Marks displayed on the Website is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Website.
While this Website may contain links to third party websites, Sunrise Senior Living is not responsible for the content of any linked websites. Sunrise Senior Living provides these links only as a convenience and these linked websites are not under the control of Sunrise Senior Living. Sunrise Senior Living makes no representation or warranty regarding, and does not endorse, any linked websites, the information or any of the products or services appearing, available or described thereon. Links do not imply that Sunrise Senior Living sponsors, endorses, is affiliated or associated with, or is legally authorized to use any content displayed in or accessible through the links. When you access such websites, you are doing so at your own risk and you should abide by the terms and conditions of use of the third party websites.
From time to time, Sunrise Senior Living may make contests available to users of the Website and others. All contests are governed by this Agreement and the applicable contest rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable contest rules.
Changes to the Agreement.
Sunrise Senior Living reserves the right, from time to time, in its sole discretion, to change, supplement or amend all or any part of this Agreement as it relates to your future use of the Website, for any reason, and without any prior notice or liability to you or any other person. The then current version of the Agreement will be posted on this Website, and you are responsible for periodically reviewing the Agreement prior to using the Website. If any term, condition or any change thereto is not acceptable to you, you must discontinue immediately your use of this Website immediately. Access to or use of this Website after any amendments have been posted shall constitute your acceptance of this Agreement as amended. You may not change this Agreement in any manner.
Disclaimer and Liability Exclusions.
Sunrise Senior Living makes reasonable efforts to ensure that the general Content it provides to the Website is accurate and reliable. HOWEVER, THIS WEBSITE AND ITS CONTENT ARE NOT TO BE CONSTRUED AS A FORM OF PROMOTION. THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, VERACITY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE ALL OF WHICH ARE DISCLAIMED BY SUNRISE SENIOR LIVING, ITS AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, SERVICE PROVIDERS OR SUPPLIERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL SUNRISE SENIOR LIVING, ITS AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, MANDATORIES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND EXEMPLARY DAMAGES OR LOSSES, HOWSOEVER CAUSED, ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE, THE CONTENT, OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, OR RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS, LINKS TO THIRD-PARTY WEBSITES, THIRD-PARTY CONTENT, PRODUCTS OR SERVICES, THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT UNDER ANY THEORY OF LIABILITY (WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING AND FUNDAMENTAL BREACH BY SUNRISE SENIOR LIVING OR ANY PERSON FOR WHOM SUNRISE SENIOR LIVING IS RESPONSIBLE EVEN IF SUNRISE SENIOR LIVING, ITS AFFILIATES, SUBSIDIARIES, RELATED COMPANIES OR ANY OF ITS LAWFUL MANDATORIES OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
SUNRISE SENIOR LIVING ASSUMES NO OBLIGATION TO UPDATE THE CONTENT OF THIS WEBSITE AND SUNRISE SENIOR LIVING IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SUNRISE SENIOR LIVING, ITS AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS AND ALL LIABILITIES, ASSESSMENTS, LOSSES, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) OR DAMAGES RESULTING FROM OR ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR THE CONTENT, OR ANY BREACH BY YOU OF ANY TERM OR CONDITION OF THIS AGREEMENT.
Termination of this Agreement and the Website.
If you breach any provision of this Agreement, we may prohibit you from using this Website. Sunrise Senior Living may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Website or any part of it, including (i) by changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Website; or (ii) removing, adding, modifying or otherwise changing any Content on this Website. Sunrise Senior Living reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Website or Content at any time without notice, but confirms that it has no obligation to do so.
This Website is controlled, operated and administered by Sunrise Senior Living from its offices located in Montréal, Québec, Canada. This Agreement will be governed by the laws of the province of Québec and the federal laws of Canada, without reference to the principle of conflicts of law. In the event of a dispute arising from, connected with or relating to the Website and this Agreement, you irrevocably agree to submit and attorn to the exclusive jurisdiction of the Courts of Québec sitting in the city of Montréal. You agree not to export any of the Content accessible through this Website in violation of applicable export laws and regulations.
Any waiver by Sunrise Senior Living of the provisions of this Agreement or of its rights or remedies hereunder shall not be effective unless in writing, and any waiver in a particular instance shall not constitute a waiver of the same or different rights or breaches in any other instance. Failure, neglect or delay by Sunrise Senior Living to enforce the provisions hereof or its rights or remedies at any time will not be construed and will not be deemed to be a waiver of Sunrise Senior Living’s rights hereunder and will not prejudice its right to take subsequent action.
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without effecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provisions in any other jurisdiction.
This Agreement shall enure to the benefit of and be binding upon you and Sunrise Senior Living and our respective successors and permitted assigns.
Any rights not expressly granted by this Agreement are reserved to us.
It is at the request of the parties that this Agreement and all other related documents are written in the English language; C’est à la demande des parties que la présente entente et tous les documents s’y rapportant sont rédigés en anglais.