Website Terms of Use and Privacy Policy

Website Terms of Use and Privacy Policy

Maple Leaf Publishing Inc an Alberta Corporation (the “Company”) maintains this Website as a service to its customers. By using websites owned and operated by the Company, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms you should not review information or obtain documentation from this website.

 

1. Definitions:

  • Collection– the act of gathering, acquiring, recording or obtaining Personal Information from any source, including third parties, by any means.
  • Consent– voluntary agreement with the Collection, use and Disclosure of Personal Information for defined purposes. Consent can be either express or implied and can be provided directly by the Person or by an authorized representative. Express consent can be given orally, electronically or in writing but is always unequivocal and does not require any inference on the part of the Company. Implied consent is Consent that can reasonably be inferred from a Person’s action or inaction.
  • Disclosure– making Personal Information available to a Third Party.
  • Employee– an employee or independent contractor (including freelancers) of the Company.
  • Individual– an individual other than an Employee who (a) corresponds with the Company, including complaints and including applications for employment; (b) enters a contest sponsored by the Company; or (c) uses, or applies to use, the products or services of the Company.
  • Person– an Individual or an Employee.
  • Personal Information– information about an identifiable Person, but not: a) information that is publicly available, such as a Person’s name, address, telephone number and electronic address, when listed in a directory or made available through directory assistance; b) business-contact information, such as the name, title or business address (including electronic address) or telephone number of an employee of an organization; c) information collected, used or disclosed in the course of journalistic, literary or artistic activities; or d) aggregate information that cannot be associated with a specific person, such as demographic statistics about Company customers, or number of visitors and average time spent on a website.
  • Third Party– a person other than the Person or his agent, or an organization other than the Company.

 

    2. Acceptance of Agreement

    You agree to the terms and conditions outlined in this Terms of Use Agreement (the “Agreement”) with respect to the Company Website (the “Site”). This Agreements constitutes the entire and only agreement between the Company and the user of the Site (the “User’), and supersedes all prior contemporaneous agreements, representation, warranties and understandings with respect to the Site, the content, goods and services provided by or through the Site, and the subject-matter of this Agreement. Users agree to review this Agreement prior to reviewing any information or obtaining any documents. The Company may amend this Agreement from time to time, without specific advance notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the site.

    3. Copyright

    The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by a User of any such content or any part of the Site, except as allowed by Section 3, is strictly prohibited. The user does not acquire ownership rights to any content of documents obtained through the Site. The posting of any information or materials on the Site does not constitute a waiver of any right in such information and materials.

    4. Limited Right to Use

    The viewing or downloading of any content, from or documents grants the User only a limited, non-exclusive license for use solely by the User for his or her own personal use and not for republication, distribution, assignment, sublicense, sale, preparation or derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporation into any information retrieval system, electronic or mechanical, other than for the User’s personal use (but not for resale or redistribution).

    5. Editing, Deleting and Modification

    The Company reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site

    6. Indemnification

    The User agrees to indemnify, defend and hold the Company and its partners, attorneys, staff and affiliates (collectively the “Affiliated Parties”) harmless from any liability, loss claim and expense, including reasonable attorneys’ fees, related to a User’s violation of this Agreement or use of the Site.

    7. Non-Transferable

    The User’s right to use this Site is not transferable. Any password or right given to the User to obtain access is not transferable.

    8. Disclaimer

    • THE INFORMATION, FORMS AND AGREEMENTS FROM OR THROUGH THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE FORMS AGREEMENTS AND DOCUMENTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR AN USER’S USE OF ANY INFORMATION, FORM OR DOCUMENTS. IN PARTICULAR BUT NOT AS A LIMITATION THEREOF, COMPANY AND THE AFFILIATED PARTIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND THE USER. THIS SITE AND THE INFORMATION, FORMS, AGREEMENTS AND DOCUMENTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
    • The forms, agreements and documents within the Site or available through the Site may not be appropriate under the circumstances for any particular transaction. The specifics of a given situation may require provisions not contemplated in the forms or documents. Requirements for the validity of an agreement or form may also vary greatly from province to province. Laws change rapidly any may be interpreted differently in various jurisdictions. No representations, warranties or guarantees whatsoever are made as to the accuracy, correctness, completeness, adequacy, reliability or applicability of any form or document to a particular situation.
    • Each form and document should be treated as a guide or starting point and should not be considered a substitute for professional legal analysis. The Site is provided and each form, agreement, and documents is licensed with the understanding and agreement that the Company and its Affiliated Parties are not engaged in rendering legal, accounting or other professional services. If legal or other expert assistance is required, the services of a competent professional should be sought. The User assumes all responsibilities and obligations with respect to any decisions or advices made or given as a result of the use of any form, agreement or document and for the selection of a form, agreement or document to achieve the User’s intended results.
    • All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or documents is disclaimed.

     

     

    9. Privacy and the Use of Information

    • Scope and Application:

    The Company’s Privacy Policy (the “Privacy Policy”) applies to Personal Information about Persons who interact with Company that is collected, used or disclosed by the Company.

    Persons in this context includes Individuals who are viewers, readers, subscribers, advertisers, contest participants, job applicants, Internet users who are exposed to the media content of the Company and about whom Company collects Personal Information.

    The Company privacy policy applies to the management of Personal Information in any form whether oral, electronic or written. The Company reserves the right to amend this Privacy Policy from time to time.

    The application of the Privacy Policy is subject to the requirements or provisions of any applicable legislation, regulations or agreements (such as collective agreements), or the order of any court or other lawful authority.

    • Exclusions from privacy protection:

    The Privacy Policy does not impose any limits on the Collection, use or Disclosure of the following information by the Company: a) information that is publicly available, such as a Person’s name, address, telephone number and electronic address, when listed in a directory or made available through directory assistance; b) business-contact information, such as the name, title or business address or telephone number of an employee of an organization; c) information collected, used or disclosed in the course of journalistic, literary or artistic activities; or d) aggregate information that cannot be associated with a specific person, such as demographic statistics about the Company’s customers, or number of visitors and average time spent on a website.

    • Purposes for Collection of Personal Information:

    The Company has collected and collects Personal Information for the following purposes: a) to establish and maintain responsible commercial relations with Individuals and to provide ongoing service; b) to understand Individual needs; c) to develop, enhance, market or provide products and services; d) to manage and develop its business and operations, including personnel and employment matters; and e) to meet legal or regulatory requirements, including to protect or defend a legal interest, and in connection with an actual or possible corporate re-organization, merger or amalgamation with another entity, or an actual or possible sale of all or a substantial portion of the assets of the Company, provided that the Personal Information disclosed continues to be used by the entity acquiring the information either for evaluation of the possible transaction, or, on completion of any such transaction, for the purposes permitted by this Privacy Policy.

    As examples of the above:

    1. The Company may from time to time use a Person’s Personal Information to contact the Person about changes, enhancements or similar notices related to the Company’s products and services;
    2. if a Person indicated that he/she was interested in receiving offers or information from the Company, the Company may send the Person materials about products and services that Company feels may be of interest to the Person; and
    • if a Person enters a contest or other promotion offered on the Company website, the Company may, under the rules of the promotion, use the Person’s name and certain other information to administer the promotion, such as contacting, announcing and promoting the winners of the promotion.
    • Transfer of Information:

    At times the Company may use Third Parties outside of Canada to perform services for the Company involving some or all of a Person’s Personal Information. This may require transfer of information to those Third Parties. This information is subject to the laws of the Third Parties’ jurisdiction, including laws with respect to Disclosure of such information.

    • Obtaining Consent:

    The Company will make a reasonable effort to make sure Persons understand how their Personal Information will be used by the Company. Company will obtain consent from Persons before or when it collects or uses the Personal Information. The Company will not attempt to deceive Persons into giving consent.

    Note: If any Person at any time has any questions or concerns about the Privacy Policy, the Person can write to:

    Office Address3rd Floor 4915 54 Street, Red Deer, Alberta T4N 2G7, Canada

    • Refusing or withdrawing Consent:

    Subject to legal and contractual requirements, a Person can refuse to Consent to the Company’s Collection, use or Disclosure of Personal Information about the Person, or a Person may withdraw the Person’s Consent to the Company’s further Collection, use or Disclosure of Personal Information at any time in the future by giving the Company reasonable notice, unless: i) the Consent relates to certain information required for credit approval which a Person applies for or accepts, ii) the Consent is otherwise required by law or iii) the use or Disclosure is permitted by law or is related to the legal or regulatory requirements described herein. If a Person refuses or withdraws the Person’s Consent, the Company may not be able to provide the Person or continue to provide the Person with some products, services or information which may be of value to the Person.

    • Internet Aspects:

    Personal Information may be collected when a user conducts activities on or related to the Company’s websites.

    10. Copyrights and Copyright Agents

    • We respect the intellectual property of others, and we ask Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:
    • An electronic or physical signature of the person authorized to act on behalf of the owners of the copyright inters;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the material that you claim is infringing is located on the site;
    • Your address, telephone number and email address;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
    • A statement by you, mad under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
    • Our copyright agent for notice of claims of copyright infringement is Edward Styles who can be reached at edwardstyles@mapleleafpublishinginc.com.

     

     

    11. Refund Policy

    The application of the following terms to a Person are subject to the terms of any written agreement between the Company and that Person pursuant to which the Company provides services to that Person (“Services”), which written agreement will override and supersede the following:

    • A Person may terminate the Company’s services at any time, without cause, upon written notice to the Company, and the Company will cease all services to the Person as of the date it receives the written notice.
    • There will be no refunds for services paid for by the Person that have been substantially performed or provided by the Company.
    • Refunds to a Person for services purchased and paid for by a Person but not yet provided to the Person by the Company (“Non-Performed Services”), will be as follows:
    1. If a Person terminates the services within seven (7) days of acceptance of the Company’s estimate or quote for services, then the Person will receive a ONE HUNDRED (100%) PERCENT refund of any amounts paid to the Company for the Non-Performed Services, less an administration fee of $150.00.
    2. If a Person terminates the services more than eight (8) days after acceptance of the Company’s estimate or quote for services, then the Person will receive a FIFTY (50%) PERCENT refund of any amounts paid to the Company for the Non-Performed Services.

    12. Miscellaneous

    This Agreement shall be treated as though it were executed and performed in Alberta, and shall be governed by and construed in accordance with the laws of Alberta (without regard to conflict of law principles). Any cause of action of the User with respect to the Site (and/or the information forms, and agreements thereon) must be instituted within two years after the cause of action arose or be forever waived and barred.

    The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Red Deer Alberta. The User expressly submits to the exclusive jurisdiction of said courts and consents to extra-territorial service of process.

    Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed constant with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.