Terms & Conditions

www.broadreachcommunications.com (the “Service” or the “Website“) is an online information service provided by Broad Reach Communications Inc., subject to your agreement with the terms and conditions set forth herein including, all exhibits hereto.

The Website is owned by Broad Reach Communications Inc. (“we” or “us“). Trademarks that appear on this website may be our trademarks or servicemarks or owned by other third parties that are not affiliated with us. We and our affiliates do not control or endorse the content(s) of third party websites and related services.

Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, discontinue immediately the access and/or use of the Service. We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review this Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.

1. Access and Privacy

By accepting this Agreement, you expressly consent to certain disclosures of your personally identifiable and other personal information to third parties, and to use of your information by third parties, and us as described in our current Privacy Policy, which is incorporated herein by reference. A complete statement of our privacy policy can be found here.

You agree to abide by all the policies and terms & conditions posted on the Website. We expect that you will exercise caution and best judgment when utilizing the Service. Furthermore, by accessing the Website you agree to comply with all applicable laws.

2. No Warranties; Limits on Liabilities

You assume total responsibility and risk for your use of the Website and the internet. We make no warranty that it will meet your requirements or that it will be timely, secure, accurate or error-free. The website and all services are provided “as is” and on an “as available” basis. Other than the warranties set out herein, we disclaim all warranties and conditions, express, implied or statutory, including without limitation the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

The information available through this Website is for informational and educational purposes only and is not a substitute for the professional judgment. Despite our efforts to provide useful and accurate information, errors may appear from time to time. We are not responsible nor do we warranty or endorse any information posted by third parties on the Website. Persons accessing this information assume full responsibility for the use of the information and agree that we are not responsible or liable for any claim, loss, or damage arising from the use of information. From time to time, reference may be made on the Website to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As circumstances change continuously, previously published information and data may not be current and should not be relied upon.

We do not warrant that the website contains comprehensive information on any service or any categories of services whatsoever. In no event shall we be liable for any lost profits or special, incidental, consequential, economic, exemplary, or punitive damages (whether foreseeable or not) including without limitation lost or anticipated revenues or profits arising from any cause whatsoever (including intentional or negligent conduct), whether in contract or tort, or damages arising from any errors, mistake, omission, interruption or delay in the course of establishing, furnishing, changing or terminating any service provided through the website, or for accuracy or completeness of any information provided in this website, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow some limitations of liability, so the foregoing limitations may not apply to you.

NOTWITHSTANDING ANY OTHER TERMS OF THIS AGREEMENT, OUR MAXIMIUM, CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, CLAIM, HARM OR DAMAGE, SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $1.00. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US. YOU ACKNOWLDEGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE TO YOU.

Our obligations under this Agreement are subject to, and we shall not be liable for, delays, failures to perform, damages, losses or destruction, or malfunction of any equipment or the Services or any consequence thereof caused or occasioned by, or due to fire, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, acts or omissions of third parties, including without limitations, acts or omissions of third party service providers, or any other cause beyond the reasonable control of us.

3. Content and Uses of the Website

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following:

  • Accessing data not intended for you or logging onto our server or an account which you are not authorized to access
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
  • Attempting to interfere or interfering with the operation of our Website, our provision of services to any other visitors to our Website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing” the Website
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Website

The entire contents of the Website are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Broad Reach Communications Inc., its affiliates or other third party licensers. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the Website, including text, graphics, code and/or software without our prior written consent. Linking to the Website is permitted on the condition that proper attribution and credit is provided. We reserve the right at any time to ask you to remove a link for any reason whatsoever.

You may cut and paste, link, print and/or download portions of material from the different areas of the Website solely for your own noncommercial use and on the condition that you provide attribution to us. You hereby agree not to change or delete any copyright or proprietary notices from the materials downloaded or printed from the Website.

You acquire absolutely no rights or licenses to the Website or the content other than the limited right to use the Website and its content in accordance with the terms of this Agreement.

4. User Submissions

The Website permits the submission of content by users of the Website, including without limitation comments, articles and links (“User Submissions”) and the hosting, sharing and publishing of such User Submissions on the Site such as articles and blog entries. You grant to us the non-exclusive, perpetual, royalty free and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute and display such content throughout the world via any media. Without limiting the foregoing, User Submissions are not entitled to any compensation. We have the right in our sole discretion and without further notice to you, to monitor, censor, edit, move, delete, and/or remove any and all content posted on the Site or any content transmitted to or from you at any time and for any reason. Without limiting the foregoing, we have the right to delete any comment that we believe, in our sole discretion, does or may violate the Terms of Use of the Site by you.

We reserve the right to remove content that violates one of the following principles, as determined by us, at our discretion:

  • No incitement to hatred. Material that promotes hatred toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity will be removed.
  • No pornography or pedophilia.
  • No direct or veiled threats against any person or group of people.
  • No copyright infringement.
  • No publishing of other people’s private and confidential information, such as credit card numbers, Social Security Numbers, and driver’s and other license numbers.
  • No impersonation of others in a manner that is intended to or does mislead or confuse others.
  • No use for unlawful purposes or for promotion of dangerous and illegal activities. Your account may be terminated and you may be reported to the appropriate authorities.
  • No spamming, link-spamming or transmitting malware and viruses.
  • No personal attacks.
  • No profanity or vulgarity.
  • No business solicitations or advertising.
  • No inappropriate, unethical or misleading behaviour.

All submissions are reviewed to meet our criteria above. We reserve the right not to post or to remove, modify and edit User Submissions in our sole discretion. Without limiting the foregoing, User Submissions may be removed if the submission has been submitted to multiple sites.

Important note: We encourage civil, thought-provoking debate and idea-sharing among our users and visitors. In order to maintain a level of discourse appropriate to our user base, we are strongly opposed to trolling, uncivilized discussion, mudslinging, inappropriate language, and blanket dismissal of others’ ideas. At our discretion, we may delete comments and block/delete accounts of users we believe lower the level of discourse and courtesy we strive to engender.

Moderating decisions are subjective, and we strive to make them carefully and consistently. Due to the volume of content, we cannot review moderation decisions with users and cannot reverse decisions.

5. Links to Other Materials

The linked sites are not necessarily under our control and we are responsible for nor do we certify the content of any linked site or any link contained in a non-affiliated linked site. The selection or omission of links is not intended to endorse any particular companies or products nor do we guarantee the accuracy, timelines or fitness for a particular purpose of any link. If you decide to access any of the third party sites linked to this Website, you do this entirely at your own risk. Any links to any portion of the Website shall be the responsibility of the linking party, and we shall not be responsible for notification of any change in name or location of any information of the Website.

6. Inquiries

From time to time, we may accept inquiries on the Website. We make no representations and warranties that your inquiry shall be answered in a timely manner or that your inquiry may be responded to at all.

7. Indemnification

You agree to indemnify, defend and hold harmless Broad Reach Communications Inc., its parent companies, subsidiaries, affiliates, any related parties and their respective officers, directors, employees, consultants, and agents of any of them from any and all third party claims, liabilities, damages and/or costs (including, but not limited to, reasonable attorneys’ fees) arising from your use of the Services provided by us, your violation of this Agreement or your infringement, or infringement by any other user of your Account, of any intellectual property right or other right of any person or entity. The Agreement will inure to our benefit and our successors, assigns and licensees.

We control and operate the Website from Ontario, Canada and all information is processed within Ontario, Canada. We do not represent that materials on the Website are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Website.

8. Choice of Law, Jurisdiction, and Venue

This Agreement shall be governed in all respects by the laws of the Province of Ontario and the applicable laws of Canada, without regard to conflicts of laws principles; as such laws are applied to agreements entered into and to be performed entirely within Ontario between Ontario residents. Both you and we submit to the exclusive personal jurisdiction of Ontario.

9. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced and remain in full force and effect.

10. Entire Agreement

This Agreement (including all Addendums and the Privacy Policy) sets forth the entire understanding and agreement between the parties with respect to the subject matter herein, and supersedes all prior agreements and understandings.