Your access to and continued use of this website (the “Site”) constitutes your acceptance of and compliance with the following terms and conditions (the “Agreement”). If you have not already done so, please take some time to familiarize yourself with these terms and conditions. This agreement constitutes the entire agreement between you and Gore Mutual Insurance Company (inclusive of its subsidiaries and affiliates, collectively, “Gore Mutual”) with respect to the use of this Site. If you do not agree to these terms and conditions, you should immediately discontinue any use of the Site. Also, note that these terms and conditions may change from time to time and it is your responsibility to check for such updates.
RESERVED RIGHTS AND GRANT OF LIMITED LICENCE
Gore Mutual either owns or has acquired the necessary licenses to the intellectual property rights, including copyright, trademarks, service marks or trade names in the information set out in this Site, including without limitation all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents of the site (collectively the “Information”). As such this Site is protected by copyright, trademark, service mark and other proprietary rights and laws.
As a user of the Site, you are granted a limited, revocable, non- sub-licensable license under the intellectual property rights licensable by Gore Mutual to download, view and print the Information solely for your personal, non-commercial use in connection with your use of the Site provided that you shall be fully responsible for any consequences resulting from such use. Any other use of the Information is prohibited. None of the Information may be otherwise copied, reproduced, republished, altered, adapted, modified, published, translated, defaced, transmitted, distributed, displayed sold, or disseminated in any manner or form without the prior written consent of Gore Mutual.
You will not: (i) cover or obscure any banner advertisements on the Site via HTML/CSS, scripting, or any other means; (ii) interfere with, disrupt, or create an undue burden on the Site, the networks connected to the Site or take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to run and maintain the Site; (iii) bypass any measures used to prevent or restrict access to the Site; (iv) introduce software or automated agents to the Site, or access the Site so as to generate automated messages, or to strip or mine data from the Site; or (v) interfere with, disrupt, or modify the functionality of the Site.
Gore Mutual will take appropriate legal action to enforce its rights.
PRODUCTS AND SERVICES
No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the Site may only be available in certain areas or jurisdictions.
Any products or services mentioned on the Site are made available in accordance with local law and only where they may be lawfully offered for sale.
The information and descriptions contained on this Site are not intended to be complete and accurate descriptions of all terms, conditions and exclusions of the product and services. In all cases, the product and services shall be governed by the terms and conditions of the policy applicable thereto.
The Site may contain links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than Gore Mutual, and Gore Mutual does not assume responsibility for the accuracy or appropriateness of the Information contained at such sites. In providing links to other sites, Gore Mutual is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites. A link to another site should not be construed to mean that Gore Mutual is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.
The mention of another party or its product or service on the Site should not be construed as an endorsement, adoption or sponsorship of that party or its product or service. You should make an independent investigation and evaluation before acquiring, using or relying upon any such products or services. Any transactions that take place between you and any third party offering products or services on the site are directly with such third party and Gore Mutual will not be held responsible for any loss or damage you may incur as a consequence thereof.
Gore Mutual is not responsible for the privacy practices and policies and the legal liabilities of other sites to which this site may provide a link. You use all such links at your own risk.
Gore Mutual does not guarantee the quality, accuracy, completeness or timeliness of the information provided. Gore Mutual assumes no obligation to update the information or advise on further developments concerning topics mentioned. Information contained on the Site may contain typographical errors. Information provided may be changed without notice. Access to this Site is provided on an “as is” basis. You should not assume that the Site will be error-free or that the Site will operate without interruption.
Gore Mutual disclaims all warranties, representations and conditions regarding use of the Site or the information provided and all implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.
The use of the Site is at your own risk. Gore Mutual is not responsible for any content or information contained on the Site, including but not limited to content or information that you may find undesirable or objectionable.
Gore Mutual is not responsible for any direct, indirect, special, incidental or consequential damage or any other damage whatsoever and howsoever caused, arising out of or in connection with the use of the Site in reliance on the information available on the Site, including any loss of use, lost data, lost business profits, business interruption, personal injury or any other pecuniary loss, whether action is in contract, tort (including negligence) or other tortuous action. Gore Mutual disclaims any liability for unauthorized use or reproduction of any portion of the Site.
Without in any way limiting the generality of the foregoing, in no event shall Gore Mutual be liable to you or any person: (a) on account of your or that person’s use or misuse of or reliance on the Site content, the information or other materials accessible on or via the Site; or (b) for any loss or damage suffered as a result or in connection with the failure, malfunction, interruption, change or modification of the Site.
Gore Mutual will not be responsible for any damages you or any third party may suffer as a result of the transmission, storage or receipt of confidential, personal or proprietary information that you make or that you expressly or implicitly authorize Gore Mutual to make, or for any errors or any changes made to any transmitted, stored or received information.
The limitations specified above shall apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence or other tort, and shall survive a fundamental breach or failure of essential purpose of any limited remedy or this agreement.
You will indemnify and save harmless Gore Mutual from and against any and all losses, claims, damages, actions, causes of action, costs and expenses that Gore Mutual may sustain, incur, suffer or be put to at any time or times as a result of a third party claim or demand that in any way arise out of the use of the Site or out of anything done or omitted to be done by yourself, your servants, employees, agents, trustees, officers, subcontractors, or members relating directly or indirectly to this Site.
The Internet is not a secure medium and privacy cannot be ensured. Internet email is vulnerable to interception and forging. Gore Mutual will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to Gore Mutual through the Internet, or that you expressly or implicitly authorize Gore Mutual to make, or for any errors or any changes made to any transmitted information. Gore Mutual will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to Gore Mutual or any other third party of whom you may have become aware as a result of accessing the Site or by following a link to another site which is found on this Site through the Internet.
While every effort is made to ensure that all information provided at the Site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
LINKING TO THIS SITE
Except as expressly agreed to in writing by Gore Mutual, any linking to the Site from another website is strictly prohibited. You agree that you will not use, or permit anyone else to use, any robot, scraper, spider or other automated devices or means to access or use the Site for any purpose without the prior express written consent of Gore Mutual.
CONFORMANCE WITH LAW
You agree that your use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
You agree not to impersonate another person in your use of the Site or the sending of any email to an address listed on the Site.
CHOICE OF LAW
The laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this Agreement notwithstanding any conflict of laws, provisions or your domicile, residence or physical location. You consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this Agreement.
All information submitted to Gore Mutual via the site shall be deemed and remain the property of Gore Mutual and Gore Mutual shall be free to use, any ideas, concepts, know-how or other techniques contained in information provided to Gore Mutual through the site or sent through email for the purposes of operating Gore Mutual.
You represent and warrant that any information submitted via the Site is accurate and complete and does not violate the privacy rights, publicity rights or copyright rights of, or infringe on the intellectual property or other rights of any third parties, including but not limited to confidentiality obligations owed to such parties, and you grant Gore Mutual a right to provide access to the information from the Site. You warrant that any software submitted to Gore Mutual shall be free of computer viruses. Gore Mutual shall strive to be free of computer viruses and any assorted malware, adware, Trojan horse or worm or any related or similar software or executable program.
Gore Mutual reserves the right, in its sole discretion, to change, modify or otherwise alter this Agreement from time to time, for any reason. When such changes occur, Gore Mutual will post the updated version of the Agreement on the site together with the date on which it was revised. Such changes become effective immediately upon posting. If you do not agree to be bound by (or cannot comply with) the Agreement as amended, your only remedy is to cease using the Site. You will be deemed to have accepted the Agreement as amended thirty (30) days after the updated version of the Agreement is posted if you continue to use the Site. All other terms of this Agreement will continue in effect.
If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Should you violate these terms and conditions or any other rights of Gore Mutual, Gore Mutual reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, restricting, suspending or terminating your access to all or any part of the Site.
You agree to waive any right you may have to a trial by jury, or commence or participate in any class action against Gore Mutual related to your use of the Site or this Agreement.
This Agreement was written in English (Canadian). To the extent any translated version of this Agreement conflicts with the English version, the English version governs.
No provision of this Agreement will be interpreted against any party merely because that party or its legal representative drafted the provision.
Gore Mutual’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
This agreement was last updated May 2016.