MDHSreunion.ca Website Terms of Use and Notices

MDHS Reunion Website Terms of Use and Notices

Last Updated: February 2009

AGREEMENT BETWEEN YOU AND THE MDHS REUNION COMMITTEE

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement at http://www.mdhsreunion.ca/privacy.htm for disclosures relating to the collection and use of your personal information.

MODIFICATION OF THESE TERMS OF USE

The MDHS Reunion Committee reserves the right to change the terms, conditions, and notices under which the mdhsreunion.ca Sites/Services are offered, including but not limited to the charges associated with the use of the mdhsreunion.ca Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the mdhsreunion.ca Sites/Services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the mdhsreunion.ca Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the mdhsreunion.ca Sites/Services. Without the advance express written permission of The Reunion Committee, you may not ‘meta-search’ the mdhsreunion.ca Sites/Services, send, or cause to be sent, any automated queries of any sort to the mdhsreunion.ca Sites/Services, or use the mdhsreunion.ca Sites/Services in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any mdhsreunion.ca Sites/Services to determine how a web site “ranks” on any mdhsreunion.ca Sites/Services.

LINKS TO THIRD PARTY SITES

The mdhsreunion.ca Sites/Services may contain images of and links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of The MDHS Reunion Committee and The MDHS Reunion Committee is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The MDHS Reunion Committee is not responsible for webcasting or any other form of transmission received from any Linked Site nor is The MDHS Reunion Committee responsible if the Linked Site is not working appropriately. The MDHS Reunion Committee is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The MDHS Reunion Committee of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the mdhsreunion.ca Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. The MDHS Reunion Committee shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the mdhsreunion.ca Sites/Services, you will not use the mdhsreunion.ca Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the mdhsreunion.ca Sites/Services in any manner that could damage, disable, overburden, or impair any The Reunion Committee Site/Service(s) (or the network(s) connected to any The Reunion Committee Site/Service(s)) or interfere with any other party's use and enjoyment of any The Reunion Committee Site/Service(s). You may not attempt to gain unauthorized access to any mdhsreunion.ca Site/Service, other accounts, computer systems or networks connected to any mdhsreunion.ca Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the mdhsreunion.ca Sites/Services.

USE OF SERVICES

The mdhsreunion.ca Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, groups, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

· Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

· Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.

· Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

· Use any material or information, including images or photographs, which is made available through the mdhsreunion.ca Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

· Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

· Use of meta tag searches on the web sites.

· Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

· Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

· Restrict or inhibit any other user from using and enjoying the Communication Services.

· Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

· Harvest or otherwise collect information about others, including e-mail addresses.

· Violate any applicable laws or regulations.

· Create a false identity for the purpose of misleading others.

· Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an mdhsreunion.ca Site/Service(s) or other user or usage information or any portion thereof.

The MDHS Reunion Committee has no obligation to monitor the Communication Services. However, The MDHS Reunion Committee reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The MDHS Reunion Committee reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

The MDHS Reunion Committee reserves the right at all times to disclose any information as The MDHS Reunion Committee deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The MDHS Reunion Committee's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. The MDHS Reunion Committee does not control or endorse the content, messages or information found in any Communication Service and, therefore, The MDHS Reunion Committee specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The MDHS Reunion Committee spokespersons, and their views do not necessarily reflect those of The MDHS Reunion Committee.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO The Reunion Committee OR POSTED AT ANY mdhsreunion.ca WEB SITE

The MDHS Reunion Committee does not claim ownership of the materials you provide to The MDHS Reunion Committee (including feedback and suggestions) or post, upload, input or submit to any The Reunion Committee Site/Service or its associated services for review by the general public, or by the members of any public or private group, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting The MDHS Reunion Committee, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all mdhsreunion.ca Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a The Reunion Committee Site/Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. The MDHS Reunion Committee is under no obligation to post or use any Submission you may provide and The MDHS Reunion Committee may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE The Reunion Committee SITES/SERVICES

All content and software (if any) that is made available to view and/or download in connection with the mdhsreunion.ca Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of MDHS REUNION COMMITTEE and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, MDHS REUNION COMMITTEE hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular The Reunion Committee Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE The Reunion Committee SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE The Reunion Committee SITES/SERVICES AND TO THE INFORMATION THEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE The Reunion Committee SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE The Reunion Committee SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

MDHS REUNION COMMITTEE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE The Reunion Committee SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT MICROSOFT SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN The Reunion Committee SITE/SERVICE. YOU SPECIFICALLY AGREE THAT MICROSOFT IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MICROSOFT IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN The Reunion Committee SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL MICROSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE The Reunion Committee SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE The Reunion Committee SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE The Reunion Committee SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE The Reunion Committee SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MICROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE The Reunion Committee SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE The Reunion Committee SITES/SERVICES.