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Terms and Conditions

Last Updated: May 24, 2017

Terms and Conditions of Use of Site

This website (the “Site”) is provided solely for informational purposes by RSRS – Record Storage & Retrieval Services Inc., (being “us”, “our” or “we”) (“RSRS”) and its use by you is conditional on your acceptance of the terms and conditions of use set forth below (the “Terms and Conditions”). By visiting or using this Site, including without limitation to access, use, and/or download messages, information, data, text, software or images, or other materials, including without limitation as found in podcasts, webcasts, audio clips and streams, video clips and streams, newsletters, glossaries, and e-learning modules, and posted Content, from this Site (the “Materials”), or to send messages, information, data, text, software or images, or other materials to the Site (“Content”) (collectively, “Use” of the Site), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the Terms and Conditions for each use of and each visit to this Site. If you do not agree to abide by these Terms and Conditions, do not use this Site.

RSRS has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site.

Please check the General Terms and Conditions frequently for updates by checking the date of “Last Update” at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site after any such changes are posted will constitute acceptance of those changes. These Terms and Conditions apply exclusively to your use of this Site and do not alter the terms or conditions of any other agreement you may have with RSRS.

Use of information

The information contained in this website is not intended to provide specific medical or legal advice for any individual or entity and should not be relied upon in that regard.

RSRS shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or other defect in, the information contained within the Site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. RSRS shall not be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. RSRS does not warrant or guarantee the timeliness, sequence, accuracy or completeness of the information contained herein.

Changes to Site

RSRS may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site (ii) adding, removing or changing any fees or charges for use of the Site or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials or Content on this Site, including without limitation editing or refusing to post any Content, in whole or in part, that in the sole discretion of RSRS is objectionable or in violation of the General Terms and Conditions.

RSRS reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.

Permitted Uses

You agree to only to Use the Site for lawful purposes, and only to send Content and receive Materials that are proper and related to the particular Website Service, and RSRS (subject to the General Terms and Conditions herein) grants you a non-exclusive, non-transferable, non-sublicenseable limited right, to so Use the Site solely for your own personal use.

With respect to podcasts and webcasts specifically, and without otherwise limiting these General Terms and Conditions:

RSRS’s podcast content may be downloaded to your computer and/or transferred to your portable MP3 player solely for your private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards RSRS’s podcast or webcast content, is strictly prohibited. You may not edit or modify or redistribute RSRS’s podcast or webcast content. No redistribution of RSRS’s podcast or webcast content is permitted.

Without limiting Section 4 hereunder, RSRS’s podcast and webcast content is protected by Canadian and international copyright laws. RSRS owns all rights including copyright to the podcast and webcast content, and all logos and trademarks used in connection with the podcast and webcast.

RSRS reserves the right to discontinue providing any or all of the RSRS podcast and webcast content at any time and to require you to cease using any or all of the RSRS podcast and webcast content for any reason.

RSRS assumes no liability for any of your activities in connection with the RSRS podcast or webcast content with your website, computer, MP3 player, or any other devices or software.

Prohibited Uses

You may not, nor may you allow others to, directly or indirectly:

Remove from any copy of the Materials, the or other notices contained in the Materials; sell, reproduce, modify or attempt to modify the Materials in any way, or reproduce or publicly display, perform, or distribute or otherwise use any Materials for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the Materials on any other website; or transfer any of the Materials to any other person without the prior written consent of RSRS.
Print or copy any of the HTML or other computer software that is accessible at this Site.
Use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part).
Use or attempt to use another’s account, password, or other information in connection with this Site without prior written authorization from RSRS; create or use a false identity on this Site, or impersonate any person or entity, including without limitation a RSRS employee or agent or any other user, or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; register an e-mail address that you do not own or for which you do not have the express permission of the owner to register; or post any incomplete, false or inaccurate information, including without limitation incomplete, false or inaccurate biographical information.
Disrupt or interfere with any other person’s use or enjoyment of this Site or affiliated or linked sites, or any services thereof; transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; delete or revise any Materials posted by any other person or entity; or harvest or otherwise collect information about others including e-mail addresses, except for the sole stated purpose of the particular Website Service, without their consent and without complying with the requirements of applicable privacy legislation.
Post notices or advertisements, commercial or otherwise or solicit business from users of the Site, including without limitation posting any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, or requires recruitment of other members, sub-distributors or sub-agents.
Post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious, or that infringes or violates any third party’s copyright, trademark, trade secrets, privacy or other or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site, or in respect of the Content and Materials. RSRS will investigate occurrences which may involve violations of such laws, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. RSRS reserves the right at all times to disclose any Content as necessary to satisfy any law, regulation or governmental request.

Direct Access

RSRS may provide direct access to your account(s) by one or more of the following methods:

Electronic communications through this RSRS website;
Speaking over the telephone or pressing its key pad to communicate with an RSRS Associate or the RSRS Interactive Voice Response System;
Other devices or equipment which RSRS may designate for Direct Access.

The RSRS Patient Record Request Terms and any other agreement or terms and conditions of RSRS shall apply to all transactions and other activities facilitated by you in connection with your account at RSRS.

Electronic Identification

Direct access to and use of the RSRS website requires an electronic identifier which consists of the use of one or more of the following:

Client Number or User Name
Personal Identification Number (PIN)
Password
Or other security measures required by RSRS.

RSRS will provide you with components of the Electronic Identification for Direct Access and where applicable, you may select certain components of the Electronic Identification yourself.

You agree that electronic pages, such as RSRS website pages, accessed by Electronic Identification are written documents and that by electronically acknowledging by “clicking” any “buttons” stating “OK”, “proceed”, “continue”, “approve” or “buttons” with similar intent shall have the same legal effect as if you had placed your signature by hand and provided hardcopy versions of such pages with intent to be legally bound with RSRS for their content.

Your Liability

You agree that the use of the Electronic Identification is the legal equivalent to your written, signed instructions to RSRS.

RSRS will be under no obligation to confirm the actual identity or authority of any user of the Electronic Identification or any component thereof.

You will not be responsible for unauthorized use of Electronic Identification occurring after notifying RSRS in accordance with the notice provisions set out below.

Protection of Electronic Identification

You agree to keep Electronic Identification and all components thereof secret and safe to prevent unauthorized use. This includes but is not limited to:

memorizing and maintaining no record of any PIN, passwords or codes included in the Electronic Identification;
avoiding Code combinations which may be easy for someone else to guess or which are directly associated with you such as birth date, address, etc.;
avoiding selecting any part of another PIN, password or code;
take all necessary steps to ensure that any component of the Electronic Identification remains confidential to you – including keying in or speaking at a telephone or electronic device.

Notice to RSRS

You must immediately phone RSRS if any component of your Electronic Identification is lost, stolen, misused or may have become known to anyone other than you. You may contact RSRS during business hours at 1-888-563-3732.

Verification

RSRS reserves the right to contact you to obtain confirmation of any electronic or telephone instruction before processing any transaction but will not be liable due to any inability or failure of RSRS to contact you in order to confirm such instructions.

Recording Calls and Other Instructions

You agree that all telephone calls and other electronic correspondence may be recorded and kept as a record of your instructions.

RSRS may cancel or restrict Direct Access or your Electronic Identification without notice to you. RSRS will not be liable for any direct, indirect or consequential loss, damage or inconvenience arising directly or indirectly out of your use of, malfunction, cancellation, restriction or inability to access your account(s) at RSRS by any means.

RSRS and other RSRS entities, are not responsible in any manner for direct, indirect, special or consequential damages, howsoever caused, arising out of use of this website including but not limited to, damages arising from or related to the installation, use, or maintenance of personal computer hardware, equipment, software or any Internet access services.

RSRS Records

You accept any records or documents stored or produced by RSRS through electronic means or device as sufficient evidence for all purposes to establish such documents and the contents as correct, authentic, and binding on you.

Ownership of software, etc.

RSRS (or a third party) owns any software or device RSRS has supplied to you for purposes of facilitating direct Access, and you use same under a non-exclusive, non-assignable license, solely for the purpose intended. RSRS may demand their return at any time without prior notice and you will comply promptly, without keeping any copies.

Where Written Signatures are Required

Some RSRS products may require your written signature and you will be advised when this is the case. You will be sent the terms and conditions and/or transaction verification which apply to the product or service which requires signature and will have five (5) business days from the date of giving of instructions by Direct Access to advise RSRS if the material has not been received. If you do not so advise, you will be deemed to have received the terms and conditions and/or transaction verification.

Subject to the following paragraph, when you receive material requiring a signature you will sign it and return it to RSRS. Your signature will signify your agreement to the purchase or renewal of the product or service in question and all terms and conditions relating to it.

Available Only Where Permitted by Law

The products and services described in the pages of websites of RSRS and other RSRS entities, are only offered in jurisdictions where they may be legally offered for sale.

Limitation of Liability

The Internet is not a secure medium, and neither the privacy of your communications, nor visits to the RSRS Web Site, can be guaranteed.

The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. The RSRS Web Site may include incomplete information, inaccuracies or typographical errors. RSRS, and any other persons involved in the management of the RSRS Web Site, may make changes in the information and content included in the RSRS Web Site at any time without notice. RSRS shall not be responsible for any detrimental reliance you may place on the RSRS Web Site or its contents. Use of the RSRS Web Site is on an “as is” basis and is strictly and entirely at your own risk.

You agree that in no event will RSRS or any of its affiliates have any responsibility or liability in connection with this Site for any loss or damages whatsoever, whether based on contract, negligence or other legal basis, including without limitation direct, indirect, special, punitive, exemplary or consequential damages or other damages (including without limitation damages for harm to business, loss of information or programs or data, loss of profit, loss of savings, loss of revenue, loss of goodwill), arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, this Site, the content, any content of any linked website, or failure of such websites, (including without limitation any damages suffered as a result of omissions or inaccuracies in such websites or content, or the transmission of confidential or sensitive information to or from such websites) even if RSRS or any of its affiliates has been advised of the possibility of such damage or loss or if such damage or loss was foreseeable.

Indemnity

You agree to defend, indemnify and hold harmless each of RSRS and all its health care practitioners, employees, agents, officers, directors, or employees, and all third parties mentioned at the Site, from and against any and all claims, actions or demands, and losses or damages relating thereto, alleged to result from or resulting from your use of the Site and the Materials or your breach of the General Terms and Conditions.

Applicable Law

By entering the RSRS website you acknowledge and agree that the RSRS website will be construed and evaluated according to the laws of the Province of Ontario, Canada. You hereby agree and confirm that your use of the RSRS website and all of the communications, transmissions and transactions associated with the RSRS website shall have occurred in the Province of Ontario, Canada and that you submit to the exclusive jurisdiction of the courts of the Province of Ontario as the proper and most convenient forum concerning the RSRS website. If you use the RSRS website from another jurisdiction, you are responsible for compliance with any and all applicable local laws. RSRS makes no representation that the materials contained within the RSRS website are appropriate for customers outside of the Province of Ontario, Canada.

Choice of Law

This Site is controlled, operated and administered by RSRS from its offices within the Province of Ontario, Canada. RSRS makes no representation or warranty that Content at this Site is appropriate or available for use at any locations outside Canada. Accessing the Content from locations where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

By accessing this Site, you agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.

Registration and Password

Where applicable, you are responsible for maintaining the confidentiality of your registration information (including without limitation and as applicable, any log-in or password), and for all uses of your registration information, whether or not authorized by you. You agree to immediately notify RSRS of any unauthorized use of your registration information or of any other breach of security of which you are aware.

Proprietary Rights

This Site, including without limitation all Content, is protected by Canadian and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the Content by any person may be a violation of trade–mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Content.

Any software, as well any files, images generated by such software, code and data accompanying such software (the “Software”), used or accessible through this Site is the copyrighted work of RSRS or its licensors. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.

For greater certainty, RSRS services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. RSRS reserves all such rights.

Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site constitute trade-marks, trade names, trade dress and associated products and services of RSRS, and are protected in Canada and internationally and their display on this Site does not convey or create any licence or other rights in these trade-marks, trade names, trade dress and associated products and services. Any use of any of same, in whole or in part, without prior written authorization of RSRS is strictly prohibited.

Other trade-marks, trade names, trade dress and associated products and services mentioned on this Site may be the trademarks of their respective owners. The display of these trade-marks, trade names, trade dress and associated products and services on this Site does not convey or create any licence or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.

Except as expressly provided herein, RSRS does not grant any express or implied right or license to you to use any intellectual property, including without limitation any patent, trademark, copyright, trade secret, or confidential information, of RSRS or of any other contributor of Content to the Site.

Links and Disclaimers of Linked Sites

Certain links on this Site may take you to other websites. RSRS provides these links only as a convenience. These linked sites are not necessarily under the control of RSRS. If you use these sites, you will leave this Site. These linked sites are not necessarily under the control of RSRS. By entering the RSRS website you acknowledge and agree that RSRS has not reviewed all sites linked to the RSRS website and is not responsible for the content of any off-site pages or any other site linked to the RSRS website.

If you decide to visit any linked site, you do so at your own risk, subject to the terms and conditions and privacy policies of such sites, and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

RSRS is not responsible for the contents of any such linked pages or any other pages not under its control. RSRS makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described. Links do not imply that RSRS sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of RSRS.

RSRS welcomes links to this Site. However, you agree that by linking to this Site, you agree to the link conditions (the “Link Conditions”) described below. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions:

A link may only be established to the following home page of this Site: https://www.recordsolutions.ca. Links may not be established to any other pages on this Site without the prior written permission of RSRS.

If you link to this Site, RSRS grants you a limited, non-exclusive, non-transferable, royalty-free license to use the RSRS trademark and internet icons, if available, (the “Licensed Marks”) solely for the purpose of serving as a link from the applicable website to this Site. For greater certainty, except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of RSRS’ trademarks or service marks for any reason without RSRS’ prior written permission.

The linked website shall not:

• change in any material way the nature and features of such website from that described to RSRS in the written notice provided to RSRS prior to the establishment of the link;

• create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;

• and other materials shall not, imply that RSRS is endorsing you or any other person, or your or such other person’s products or services;

• imply an affiliation between you or any other person, or your or such other person’s products or services, and RSRS without the prior written consent of RSRS;

• misrepresent the relationship of you or any other person with RSRS or present false, misleading or otherwise damaging information or impressions about RSRS or any of its products or services; and

• contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, and shall be appropriate for all age groups.

• For greater certainty, RSRS shall have no responsibility or liability for any content appearing on the linked website.

• RSRS may at any time, in its sole discretion, immediately terminate any license to use the Licensed Marks and any right to link to this Site, with or without cause. If RSRS exercises this right, you shall immediately remove all your links to this Site and shall cease using the Licensed Marks;

• RSRS may amend these Link Conditions at any time. For greater certainty, you agree to abide by these Link Conditions as amended from time to time.

Privacy Policy

Any of your personal information which RSRS collects via this Site is subject to the RSRS Privacy Statement, which is incorporated by reference into the General Terms and Conditions, and can be found on our website at https://www.recordsolutions.ca/privacy-policy.

Use of Cookies

The Site uses “cookies” to help personalize and maximize your online experience. Cookies, small amounts of data which often include unique, non-personal identifiers, enable the Site to recognize you and to keep track of your preferences. Three types of cookies may be employed during your visit to the Site:

• “session” cookies, which are not permanently stored on your hard drive and are permanently deleted from your computer after two hours of inactivity or when you end your session, are used solely to help you to navigate around the Site;

• “persistent” cookies, which remain on your computer so that the Site can recognize you when you return; and

• third party cookies used by our sponsors and advertisers to measure the effectiveness of their advertising.

The Site uses cookies for the following:

• When you return to the Site, cookies enable us to retrieve the information you previously provided, so you can easily use the features that you customized. Because of our use of cookies, we can deliver faster and more accurate results and a more personalized site experience. For example, if you personalize RSRS pages, or register for services, a cookie helps us to recall your specific information (such as user name, password and preferences).

• When you watch a video clip or listen to an audio clip on through the RSRS website, a cookie may take note of which media player (such as Real Player or Windows Media Player) and which type of clip (high or low bandwidth) you prefer to use on your computer. Note, however, that you can change your video and audio preferences at any time, or choose a player each time you view or listen to a clip.

• Some parts of the Site use cookies to track user traffic patterns. We do this in order to determine the usefulness of the Site’s information to our users and to see how effective our navigational structure is in helping users reach that information. RSRS does not correlate this information with data about individual users, nor does it share this information or sell it to any third party.

• We also use cookies to identify users who have been banned from using our forums for behaviour that contradicts these General Terms and Conditions and to track click streams, for load balancing and to enable you to navigate through the Site using redirection pages.

• Cookies are not used to run programmes or to deliver viruses to your computer, are uniquely assigned to your computer, and can only be read by a web server in the domain that issued the cookie to you.

Note that “persistent” cookies, primarily used to personalize your site experience and save you time, will remain on your computer after you have left our Site and will expire when you log out of the Site, or 60 days after your last visit for security cookies, or two years after your last visit for advertisement and information notice cookies

Please note that while most browsers are initially set to accept cookies, you have the ability to disable cookies if you wish, generally through changing your internet browser settings. It may also be possible to change your browser settings to enable acceptance of specific cookies. For more information on enabling and disabling cookies, please refer to the help section on your browser. If cookies are disabled it may mean that not all the services of this website might be available.

If you do not agree with RSRS’s use of cookies, please discontinue the use of this website.

User Communications

Subject to any applicable law, the requirements of the RSRS Privacy Statement, and the restrictions set out in the additional terms and conditions for other Site functions (for example, in the case of the blog), any communications sent by or to you via this Site or otherwise to RSRS (including without limitation Content) are on a non-confidential basis, and RSRS is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. RSRS shall be free to use the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, unfair competition, moral rights, or implied contract) and you hereby waive the right to receive any financial or other consideration in connection with such communication, including without limitation acknowledgment of you as the source of such communications.

Disclaimers

RSRS makes reasonable efforts to ensure that the content RSRS provides to the Site is accurate and current. However, RSRS is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be misstated or deceptively stated.

RSRS makes no representation or warranty of any kind regarding the Site or the Content, including without limitation, any representation or warranty regarding the accuracy, reliability, currency, or completeness of the Content.

You acknowledge that:

RSRS makes no representation or warranty of any kind regarding the Site, the Materials, and each Website Service, including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials or any Website Service;
that you will be solely responsible for any Content you provide the Site or otherwise provide to RSRS, including without limitation for its truthfulness and accuracy; and
that the Site, the Materials, and each Website Service are provided on an “AS IS” basis; and that any use of or reliance on this Site or any Materials shall be at your sole risk.

In particular, please note that the information provided through this Site is for informational purposes only and is not intended to be a substitute for professional medical advice, assessment and evaluation. This includes all Content that is made available on, or otherwise accessible through, the Site by us. You should consult a qualified physician or other applicable health professional before making any decision or taking any action that might affect your personal well-being as there is no substitute for the consideration of an individual’s circumstances by a qualified professional. You agree that you must evaluate, and bear (and release RSRS and all RSRS health care practitioners, employees, agents, officers, directors, or employees from any claims regarding) all risks associated with the use of any information on the Site (including any reliance on the availability, accuracy, completeness, usefulness or appropriateness of such information) or of the Site generally, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including without limitation in the event that you have a dispute with one or more users of the Site.

RSRS DOES NOT MAKE ANY, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FOR GREATER CERTAINTY, RSRS DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.

Arbitration

Any and all disputes arising out of the use of this Site will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and is independent of either party. Notwithstanding the foregoing, in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential or personal information, RSRS may pursue remedies, including injunctive or other equitable relief, through the courts, in which circumstance you agree to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding.

General

The General Terms and Conditions constitute the entire agreement between RSRS and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between RSRS or its affiliates and you with respect to this subject matter. Any cause of action you may have with respect to your use of this Site or which is the subject of the General Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises If for any reason a court of competent jurisdiction finds any provision of the General Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the General Terms and Conditions, and the remainder of the General Terms and Conditions shall continue in full force and effect. The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and RSRS. RSRS failure to insist upon or enforce strict performance of any provision of the General Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. No changes to the General Terms and Conditions shall be made except by a revised posting on this page. The General Terms and Conditions shall enure to the benefit of RSRS. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. RSRS may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any party at any time.