Agreement And Terms And Conditions Of Use
Read this notice before using this website. By accessing, browsing, or registering with this website, you accept, without limitation or qualification, the following terms and conditions.
The products and services described in this website as offered and provided by Everest Canada, LP (“Everest”) are available and intended for distribution only in Canada, and only where they may lawfully be sold. The use of this website is restricted to persons who are currently residents of Canada.
All information on this website is subject to change without notice. We strive to provide accurate and up-to-date material on this website. However, Everest, its employees, directors, officers and affiliated companies, make no warranties or representations as to the accuracy or timeliness of the material provided on this website, and they assume no liability or responsibility for any errors or omissions on this website.
Amending this Agreement and these Terms and Conditions of Use
This Agreement and these terms and conditions of use may be changed, modified, added to or deleted in whole or in part at any time. Users will be notified of any changes to this Agreement and these terms and conditions of use, by posting notice of such changes on this website, or sending notice via email or postal mail. The continued access and browsing following notice of such change means that the user agrees to and accepts these terms and conditions of use as amended. If you do not agree to any modification of these terms and conditions of use, you must immediately stop accessing and browsing this website.
Rules of User Conduct
You agree that this website and the accompanying information and services are offered for personal use only, and accordingly, you agree not to use them for any commercial purpose. You also agree not to do any of the following with respect to this website:
- Provide any information, material, or content or engage in any communication in any manner or form that is unlawful, libelous, abusive, offensive, obscene, racist, discriminatory, or otherwise objectionable.
- Violate any applicable law, regulation, ordinance, or other rule imposed by any governmental authority or conspire with others to violate any, or interfere with any other party’s use of this website.
- Upload, transfer or use any information, material, data, or any other content that would violate the intellectual property rights of any party, including without limitation rights in trademarks, copyrights, patents, trade secrets, inventions, and other proprietary rights (collectively, “Intellectual Property”).
- Upload, transfer, or use any information, material, data, or other content for which you do not own the Intellectual Property rights or have permission or authorization to use.
- Violate the publicity rights or privacy of another person or party.
- Upload, use, release, or communicate any information or content that is the confidential information of another party or that you are contractually bound not to disclose without that party’s consent and authorization.
- Upload or use any information, material, data, or other content that depicts the exploitation of any individual or scandalous subject matter.
- Upload or use any information, material, data, or other content that is false or misleading.
- Impersonate, misrepresent, or falsely identify your identity, including the use of false headers and sender information in emails.
- Upload, use, transmit, or otherwise make available any material or content, including software programs, that may include software viruses, Trojan horses, code, or any other component that could disrupt or harm, or that is intended to disrupt or harm, Everest’s server or the Services provided hereunder.
- Transfer your registration with this website to any other individual or party.
- Modify the content posted or uploaded by another party on this website.
- Claim ownership of any content or accounts that do you not rightfully own.
- Access or attempt to access or reverse engineer any software used in the operation of this website.
If needed to protect the integrity and security of the website and the content provided therein, Everest may shut down or block your access to the website at any time without prior notice to you or other users.
By registering with or using this website, you warrant and represent that all information that you provide to Everest is truthful and accurate as well as current and complete. You agree to update promptly your personal registration information upon any and all changes. You acknowledge and agree that Everest may terminate your access to this website and any services provided therein in the event that you breach any provision of this Agreement, including the Rules of User Conduct.
Ownership of Intellectual Property
The contents of this website are protected by copyright under the laws of the Canada and other countries. All rights reserved. The information on this website may not be reproduced, or distributed in whole or in part without prior written consent which may be arbitrarily withheld. Any infringement of these rights may result in appropriate legal action.
Everest Canada, LP and its respective affiliates have no affiliation with Everest Re Group, Ltd., Everest Reinsurance Company or any of their affiliates.
Hewlett-Packard Corporation (“HP”) provides technology management services to Everest with respect to the website. Everest may also enlist the assistance of other third parties in the provision of services to you.
Your linking to any sites from this website is at your own risk. By linking to a site or permitting a link to this website, none of Everest or HP, or their employees, directors, officers and affiliated companies endorses the site operator or the content of the linked site.
EVEREST AND HP, THEIR EMPLOYEES, DIRECTORS, OFFICERS AND AFFILIATED COMPANIES SHALL NOT BE LIABLE FOR ANY LOSSES, CLAIMS, DAMAGES OR COSTS OF ANY KIND CAUSED TO ANY PERSON AS A CONSEQUENCE OF USING OR BEING UNABLE TO USE THIS WEBSITE. THIS WEBSITE AND THE ACCOMPANYING SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVEREST DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EVEREST MAY HAVE A THIRD PARTY OPERATE AND PROVIDE SOME SERVICES ON ITS BEHALF, AND EVEREST MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO SUCH THIRD-PARTIES OR THEIR SERVICES OR PRODUCTS.
EVEREST DOES NOT WARRANT THAT THE FUNCTIONS OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. EVEREST ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY TECHNICAL PROBLEM, DELAY, DISRUPTION IN SERVICE, OR ANY OTHER MALFUNCTION THAT MAKES THE WEBSITE UNAVAILABLE, AND EVEREST WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, LOSS OF ANY CONTENT, OR ANY LOSS OF DATA RESULTING FROM SUCH USE. YOUR USE OF ANY CONTENT FROM THIS WEBSITE IS AT YOUR OWN RISK AND DISCRETION, AND EVEREST WILL NOT BE RESPONSIBLE FOR ANY HARM, DAMAGE, OR LOSS ARISING OUT OF YOUR USE OF THE CONTENT.
TO THE EXTENT THAT SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL EVEREST OR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL DAMAGES INCLUDING ANY LOSS OF USE, DATA, INCOME, OR REVENUE THAT RESULTS FROM YOUR USE OF, OR THE INABILITY TO USE, THE WEBSITE, EVEN IF EVEREST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. THIS LIMITATION ON LIABILITY PROVISION SURVIVES THE TERMINATION OF THIS AGREEMENT AND YOUR AND YOUR DESIGNEES’ USE OF THE ARCHIVE.
TO THE EXTENT THAT SOME PROVINCES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify, and hold Everest, its affiliates, officers, directors, shareholders, employees, agents, and representatives harmless from and against any and all harm, claims, damages, costs, losses and expenses (including reasonable legal fees) arising from or related to the any of the following: (I) your use of the website as not authorized herein; and (ii) your breach of any provision of this Agreement, including without limitation the Rules of User Conduct. This indemnification provision survives the termination of this Agreement.
You agree that the laws of the Province of Ontario as it relates to Everest govern any use of this website and any issues which may arise regarding this website, without regard to rules relating to conflict of laws, including with respect to any dispute arising out of your use of this website or material from this website. The courts of the Province of Ontario shall have exclusive personal jurisdiction over all such claims.
Severed Provisions and Entire Agreement
If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties relating to the subject matter.