1. ACCEPTANCE OF TERMS
1.1 By using or visiting the GTAGunSafety website (the “Website”) you agree to these terms and conditions (the “Terms”).
1.2 Wellesley Consulting Services Inc. (the “Company”) may in its sole discretion revise these Terms at any time without advance notice to you. Your continued use of the Website is your agreement to continue to be bound by these Terms including any revisions.
2. OWNERSHIP OF CONTENT
2.1 The Company is the owner of this website and owns all intellectual property rights, including but not limited copyrights to all written text, programming code, audio, images, videos, and other interactive and displayed features of this Website, without limitation, excluding all user content, and excluding any part of this Website that features licenced content identified as being the intellectual property of another rightsholder.
2.2 The Company grants you a limited licence to use, download, print or reproduce any part of thise Website subject to the following conditions:
a) The content must be reproduced accurately, without modifications
b) The content must identify the Company as the owner
c) The use must be solely for non-commercial purposes
2.3 Any logos or brand images affiliated or used in conjunction with GTAGunSafety that are not expressly trade-marked are nonetheless the intellectual property of the Company, and all rights for their use are reserved by the Company. They may not be used without the express written consent of the Company. Other logos, brands and trademarks may appear which are the intellectual property of their respective owners.
3. WEBSITE USE
3.1 You may only use this Website for certain permitted, intended uses, as listed in this section.
3.2 The Website features ecommerce functions to support the sales of firearms safety and other training courses. The sales of these training courses is governed by provincial statutes, such as the Consumer Protection Act, S.O. 2002, ch. 30, and by the Training Sales Policy, found here: Training Sales Policy.
3.2 The Website features listings of firearms-related businesses such as retailers, coaches, and shooting clubs and ranges. These website listings may contain user contributed business listings, reviews, comments and ratings. The listings are not intended to be exhaustive, and the Company makes no guarantee for the accuracy, currency and completeness of the information provided in the listings. The Company will make its best effort to include up to date information and to remove out of date information in its listings, but the Company expressly disclaims liability or responsibility for any reliance on you for the accuracy of the content of the business listings. Furthermore, the Company expressly disclaims ownership of any ratings, reviews or comments made by users of the site in relation to these business listings. You use interactive and user content portions of the Website solely at your own risk.
3.3 The Website may contain links to third-party content or websites, including but not limited to advertising links, which are not owned or controlled by the Company. These links are included for your convenience or for the purposes of paid advertising, and are not considered to be an endorsement or warranty of their fitness or an approval of their use. The Company assumes no liability or responsibility for the content, privacy policies, or practices of any third party websites or advertisers, with the exception of links to the website owned by the Company: wellesleyservices.ca.
4. USER ACCOUNTS AND CONTENT
4.1 Some areas of this Website are accessible to or require a user account. When registering for a user account you agree to provide accurate and complete information. You are solely responsible for the risk and liability of using your user account, including any comments, reviews, ratings, or information you post or add to business listings. You further agree to keep your password secure and protect it from disclosure to unauthorized persons, and you also agree to notify us should your password or user account be compromised by a breach of security or unauthorized use.
4.2 The Company is not responsible or liable for any claims or proposed claims or notices for any slander, libel, defamation, omissions, falsehoods, mistakes, or illegal content (such as obscene material or pornography) contributed by you to any user content areas of this Website using your user account. Although the Company disclaims any responsibility for user content, the Company expressly reserves the right to edit, remove, delete, or change any user content stored on the Website at any time without notice and for any reason. In accordance with the Personal Information Privacy and Electronic Documents Act (PIPEDA), the Company reserves the right to disclose your user account information and user content to law enforcement or any authorized government agency in order to cooperate or comply with any lawful investigation, court proceedings, or prosecution, and in order to comply with any court order, relating to any user content that may be deemed illegal.
5.1 THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE COMPANY DOES NOT WARRANT THAT THE USE OF THIS WEBSITE WILL BE UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES OR HARMFUL SOFTWARE.
5.2 THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME.
6. LIMITATION OF LIABILITY
THE COMPANY, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (I) ERRORS OR OMISSIONS IN CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, ATTORNEY’S FEES AND OTHER EXPENSES ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (III) ANY CLAIM THAT YOU DID NOT HAVE THE RIGHT TO PROVIDE ANY USER CONTENT OR THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE WEBSITE. IN SUCH A CASE, THE COMPANY WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
8. OTHER TERMS
8.1 You affirm that you are at least 16 years of age or, if younger, have the consent of your parent or guardian to use this Website and are otherwise competent to enter into, abide by and comply with the terms this agreement.
8.2 These terms are deemed to be governed by and construed under the laws of the Province of Ontario, and you agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Ontario. The Website is maintained by the Company from the Province of Ontario, irrespective of where the third-party company providing domain hosting services chooses to locate or lease the server used to publish and operate this Website.
8.3 You may not assign or delegate any rights or obligations under this agreement without express written consent.
8.4 These Terms constitute the entire agreement between you and the Company with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.
9. AFFILIATE MARKETING DISCLOSURE
9.1 Some links to advertisers and content areas on this Website may earn compensation for the Company, through our affiliate relationship with certain retailers, depending on whether or not the referral traffic results in transactions. These retailers include, but are not limited to, BOATERexam.com, Cabela’s Canada, Royal Canadian Mint, Sport Chek, and Under Armour. From time to time we may add or remove advertising and product links and images on the Website and join or terminate the respective programs. Our affiliate memberships are governed by terms and conditions with each program and are facilitated through the AvantLink affiliate network.
9.2 Content, comments, blog posts, and other editorial and other information on this Website is not provided or reviewed by any affiliate program, retailer, or advertiser. Other than through our abiding by their terms and conditions, these entities do not review or endorse any of the content on this website. Our links to their products or services are shown for your information only, and do not consitute an offer to sell or impose any condition that requires you to purchase from any of these affiliated advertisers. We acknowledge that there are any number of other retailers and service providers which may or may not offer identical, similar or like wares, goods or services, and we make no recommendations over which products or services you choose to purchase or not purchase.
10 SECURITIES DISCLOSURE
10.1 The Company is federally incorporated under the Canada Business Corporations Act and as a private corporation. The Company does not list shares on any public stock exchange, nor do we offer any prospectus, public financial reports, or other information regulated or required by any securities commission or under any securities laws. Nothing on this Website is intended to represent an offer to purchase shares or any other financial instrument from the Company. Under securities law we are prohibited from soliciting offers for shares or financial instruments from any member of the public.