Fish Creek Exchange Terms of Use

Website Terms
of Use

This website (the "Site") is owned and operated by Graywood Developments Ltd. and/or its subsidiaries or affiliates ("Graywood", "us", "we" or "our"). By accessing and using this Site, you agree to be bound by the following terms of use (the "Terms of Use") and by all applicable law. Graywood reserves the right to modify these Terms of Use at any time.

PRIVACY

Any information that you submit to us or that we collect through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Your continued use of this Site implies that you acknowledge that you have read our Privacy Policy and consent to the use of your personal information by us in accordance with the terms and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.

YOUR CONDUCT

The content, information, documents, software, designs, materials, functions and data included in and contained on the Site (the "Content") are protected by intellectual property laws and other laws. You must comply with these and any other applicable laws when you use the Site.

Unless indicated to the contrary and subject to your strict compliance with these Terms of Use, you may access and use the Site only for personal, non-commercial use, or in connection with the purchase of our services. In connection with these uses, Graywood grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to: access, copy, download, display, view, use, play and/or print one (1) copy of the Content made available on the Site on a personal computer, mobile phone or other wireless device, or other Internet enabled device, provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our services. Any business use, "re-mailing" or high-volume or automated use of the Site is prohibited. We reserve all rights in the Content and the Site that we do not specifically grant in these Terms of Use. Without limitation, you may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the Site or any Content unless you obtain our prior written approval.

PROHIBITED USES

The Site may only be accessed or used for lawful purposes. You may not use or access the Site in any way that, among other things:

  • violates any applicable law, statute, ordinance or regulation;
  • may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company;
  • causes injury to Graywood and/or any person or entity;
  • is defamatory, libelous, threatening, harassing, obscene, promotes hatred or otherwise gives rise to a criminal offence or civil liability on the part of any person or entity;
  • infringes on any copyright, patent, trademark, trade secret or other intellectual property, proprietary rights, rights of publicity or privacy rights;
  • transmits data, sends or uploads materials containing viruses, Trojan horses, worms, time-bombs, cancelbots, keystroke loggers, spyware, adware or other computer programming or routines that are directly intended or indirectly result in damage, detrimentally interfere with, surreptitiously intercept or expropriate any equipment, system, data or personal information; and
  • violates any of these Terms of Use or our Privacy Policy.

Graywood reserves the right to restrict or terminate your access to the Site or any feature or part thereof at any time.

LINKS TO THIRD PARTY SITES

The Site may contain links to other sites that are not operated by Graywood and/or its subsidiaries or affiliates. These links are provided as a convenience to you. However, we do not represent that we have endorsed or evaluated the information on those other sites. Your relationship with the operators of these third-party sites is governed by the terms and conditions and privacy policy, if any, of those sites, and not by these Terms of Use. Therefore, you should review those documents before using the third-party services. We disclaim any responsibility or liability for any such other linked sites and/or the products and services offered through them.

LIMITATION OF LIABILITY AND DAMAGES

Graywood has taken reasonable precautions and implemented measures to protect the security of the information and materials posted in the Site. However, Graywood does not warrant that the Site will be compatible with your computer operating system, or that your access to the Site will be uninterrupted, timely, 100% secure or free of errors, defects and viruses.

The Site is provided on an "as is" and "as available" basis. You understand and agree that any material downloaded or otherwise obtained through your use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from downloading such material. We do not guarantee that our site, or any content on it, will be free from errors or omissions. No warranty of any kind is given, express or implied, in respect of the use of the materials on the Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Neither Graywood nor any content or service providers will be liable for direct or indirect damages of any kind, including without limitation loss of profits or other economic loss, or for any exemplary, incidental, special or consequential damages, even if it has been advised of the possibility of such damages, arising out of the posting or non-posting of documents, reliance on any documents, the design, functionality or use of the Site or inability to gain access to or use the Site or any part thereof, or out of any breach of any warranty, express or implied. The limitations, exclusions and disclaimers in these Terms of Use apply to the maximum extent permitted by applicable law.

INDEMNITY

You agree to defend, indemnify and hold Graywood harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of the Terms of Use by you or any of your authorized Users, or in connection with the use of the Site or the placement or transmission of any information or other materials on the Site by you or your authorized Users.

MISCELLANEOUS

These Terms of Use will be construed and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada, without giving effect to principles of conflicts of law. You may not assign or delegate any part of this these Terms of Use without prior notice to, and the express written consent of Graywood. Failure to enforce any provisions of these terms or to respond to a breach of these terms will not in any way waive Graywood's right to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

If you have any questions concerning the Terms of Use, please contact us at Graywood Developments Ltd., 200 King Street W., Suite 1602, Toronto, Ontario M5H 3T4, Attention Louise O’Brien e-mail: info@graywoodgroup.com.