Terms and Conditions
By using this site, you are signifying your consent to these terms and conditions. If you do not agree to these terms and conditions, please do not use the site.
Restrictions on use of materials
This Internet site (the “Site”) is owned, controlled and operated by Nightingale Corp. (referred to as “Nightingale”, “we,” “us,” or “our” herein). All content included on this Site, such as text, graphics, logos, button icons, images, audio and video clips, and software is the property of Nightingale, or other parties that have licensed their materials to Nightingale, and is protected by Canadian and international copyright laws. Unless otherwise stated, no material from this Site or any website owned, operated, licensed or controlled by Nightingale or its affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercially exploited or distributed in any way or by any means whatsoever, except that you may download or print one copy of the materials for personal, non-commercial use only, provided you maintain all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose (including use of any such material on any other website or networked computer environment) is a violation of copyright and other proprietary rights. You agree to abide by all copyright notices, information and restrictions contained in any content on the Site and any content accessed through the Site.
Certain trademarks and trade names used on this Site are the trademarks of Nightingale. Other trademarks or trade names mentioned herein may be the trademarks or trade names of their respective owners.
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 (collectively, the “Software”) are licensed to you by Nightingale. The license is personal, non-transferable and non-assignable. Title to the Software is not being transferred to you. You own the medium on which the Software is recorded, but Nightingale, or others, retain full and complete copyright in and title to the Software and all other intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer or disassemble the Software.
These terms and conditions are effective until terminated by you or Nightingale. You may terminate this agreement at any time. These terms and conditions will terminate immediately without notice from Nightingale if, in the sole discretion of Nightingale, you fail to comply with any material term or provision hereof or if Nightingale believes that you, by your conduct, have violated any applicable law or are acting contrary to the interests of Nightingale and/or its affiliates. Upon termination of this agreement for any reason whatsoever, you agree to be bound by the following provisions of this agreement which shall survive termination, namely sections Restrictions on Use of Materials, Termination, Disclaimer, Limitation of Liability, Links to External Sites, Jurisdiction and Severability and Indemnification hereof.
Unless otherwise provided, the materials on this site are provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Nightingale, its affiliates and licensors disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the site, any information contained thereon or accessible therefrom and any website with which it is linked. Nightingale, its affiliates and licensors do not warrant the functions, information or links contained on the site or that its contents will meet your requirements, that the site, or its contents, are fit for any particular purpose or that the operations of the Nightingale network or its contents will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available are free of viruses, worms or other harmful components. Nightingale, its affiliates and licensors do not warrant or make any representations regarding the use or the results of the use of the materials and/or services (including, without limitation, services for the transfer of information and data) on the site in terms of their correctness, accuracy, reliability, security or otherwise. You (and not Nightingale) assume the entire cost of any necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The Site is controlled and operated at offices in Mississauga, Ontario, Canada. Nightingale makes no representation that materials on the Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable.
Limitation of liability
Under no circumstances, including, but not limited to, negligence, shall Nightingale, its subsidiaries or affiliated companies or licensors, or their directors and officers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Nightingale, or a Nightingale-authorized representative, has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by Nightingale, for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) exceed the amount paid by you, if any, for accessing or using this site.
Links to external sites
Some links on the Site will enable you to leave the Site and connect directly to third-party linked sites. Such linked sites are entirely independent of the Site, and shall not be construed as any reflection on, any affiliation with, approval of or endorsement of any such site or entity, or its respective information, publications, products or services by Nightingale. Nightingale shall not be responsible for the contents of any site linked to a Nightingale site or for any link contained in a linked site. Nightingale is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement of the linked site by Nightingale.
Some links on the Site will enable you to leave the Site and connect directly to other Nightingale-related sites. Such linked sites will have other terms and conditions applicable to the use of that site.
Jurisdiction and severability
You agree and acknowledge that your use of this Site shall be deemed to have occurred and taken place solely in the province of Ontario, Canada. You further agree and acknowledge that these terms and conditions, and any disputes in connection with your use of this Site or its contents, will be governed by the laws of the province of Ontario, Canada, and the laws of Canada applicable therein. You expressly consent to the exclusive forum, jurisdiction and venue of the courts of Ontario in any and all actions, disputes or controversies relating hereto. If any provision of these terms and conditions shall be found to be unlawful, void or unenforceable, then such provision shall be deemed severable herefrom and will not affect the validity and enforceability of any remaining provisions.
Nightingale reserves the right to make changes to the Site and to modify, alter or otherwise update these terms and conditions at any time with or without notice. You should review this link on a regular basis for any such changes. Your continued use of the Site shall constitute your acceptance of any revisions to the terms and conditions.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold Nightingale, its affiliates and related companies, and any of their respective directors, officers, employees, consultants and agents, harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising out of (i) your breach of any provision of these terms and conditions or (ii) your use of the Site and the contents contained on the Site.
Nightingale reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any action, claim or matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defence of any claim.
User privacy and security policy
You recognize and agree that: (i) the Internet is not a secure medium, and neither the privacy of your communications, nor visits to this Site, can be guaranteed; (ii) the nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays; (iii) the Site may include incomplete information, inaccuracies or typographical errors; (iv) Nightingale and any other persons involved in the management of the Site may make changes in the information and content included in the Site at any time without notice; (v) Nightingale shall not be responsible for any detrimental reliance you may place on the Site or its contents; and (vi) use of the Site is on an “as is” basis and is strictly at your own risk.
You recognize and agree that although Nightingale security efforts are generally consistent with industry practice in Canada, your complete privacy, confidentiality and security associated with any communications between us is not yet possible over the Internet and therefore cannot be guaranteed. As a result, Nightingale shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with the Site.
Nightingale and its affiliates attempt to be as accurate as possible. However, Nightingale does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current or error free.