TERMS AND CONDITIONS OF
Last revision: June 26, 2020
1. INTELLECTUAL PROPERTY
All intellectual property on the Website (except for User Generated Content, as defined
below) is owned by us or our licensors, which includes materials protected by copyright,
trademark, or patent laws. All trademarks, service marks and trade names are owned,
registered and/or licensed by us. All content on the Website (except for User Generated
Content, as defined below), including but not limited to text, software, code, designs,
graphics, photos, sounds, music, videos, applications, interactive features and all other
content is a collective work under Canadian and other copyright laws and is the
proprietary property of the Company; All rights reserved.
2. USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Website
including, but not limited to, documentation, data, or information developed by us, and
other materials which may assist in the use of the Website or Services ("Company
Materials"). The Company Materials may not be used for any other purpose than the use
may be interpreted as granting any license of intellectual property rights to you.
3. USER GENERATED CONTENT
"User Generated Content" is communications, materials, information, data, opinions,
photos, profiles, messages, notes, website links, text information, music, videos,
designs, graphics, sounds, and any other content that you and/or other Website users
post or otherwise make available on or through the Website, except to the extent the
content is owned by us.
4. ACCOUNT AND ACCOUNT USE
If your use of the Website requires an account identifying you as a user of the Website
- you are solely responsible for your Account and the maintenance, confidentiality
and security of your Account and all passwords related to your Account, and any
and all activities that occur under your Account, including all activities of any
persons who gain access to your Account with or without your permission;
- you agree to immediately notify us of any unauthorized use of your Account, any
service provided through your Account or any password related to your Account, or
any other breach of security with respect to your Account or any service provided
through it, and you agree to provide assistance to us, as requested, to stop or
remedy any breach of security related to your Account, and
- you agree to provide true, current, accurate and complete customer information
as requested by us from time to time and you agree to promptly notify us of any
changes to this information as required to keep such information held by us current,
complete and accurate.
5. ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose or any purpose prohibited
under this clause. You agree not to use the Website in any way that could damage the
Website, the services or the general business of PAMA - Professional Association of
You further agree not to use and/or access the Website:
- To harass, abuse, or threaten others or otherwise violate any person's legal
- To violate any intellectual property rights of us or any third party;
- To upload or otherwise disseminate any computer viruses or other software that
may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate or discrimination
towards any group;
- To unlawfully gather information about others.
6. PROTECTION OF PRIVACY
Through your use of the Website, you may provide us with certain information. By using
the Website, you authorize us to use your information in Canada and any other country
where We may operate.
When you register for an account, you provide us with a valid email address and may
provide us with additional information, such as your name and/or billing information.
Depending on how you use our Website, we may also receive information from external
applications you use to access our Website, or we may receive information through
various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on
our website, including through email communication. We may also track certain of the
passive information received to improve our marketing and analytics, and for this, we
may work with third-party providers.
If you would like to disable our access to any passive information we receive from the
use of various technologies, you may choose to disable cookies in your web browser.
Please be aware that we will still receive information about you that you have provided,
such as your email address.
If you choose to terminate your account, we will store information about you for a
reasonable period of time to be determined by us in accordance with applicable federal
and provincial laws. After this period, all information about you will be deleted.
7. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or
software from or on the Website;
- Violate the security of the Website through any unauthorized access, circumvention of
encryption or other security tools, data mining or interference to any host, user or
8. DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the
Website is at your own risk.
You defend and indemnify PAMA - Professional Association of Managing Agents and
any of its affiliates and hold us harmless against any and all legal claims and demands,
including reasonable attorney's fees, which may arise from or relate to your use or
misuse of the Website, your breach of these Terms and Conditions, or your conduct or
actions. We will select our own legal counsel and may participate in our own defence, if
we wish to so.
10. SPAM POLICY
You are strictly prohibited from using the Website or any of our services for illegal spam
activities, including gathering email addresses and personal information from others or
sending any mass commercial emails.
11. THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites or other services. We are not
responsible or liable for any loss or damage caused as a result of your use of any third
party services linked to from our Website.
To the extent any part or sub-part of these Terms and Conditions is held ineffective or
invalid by any court of law, the prior, effective version of these Terms and Conditions be
considered enforceable and valid to the fullest extent.
13. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or
emergency services on a scheduled or unscheduled basis. You agree that your access
to the Website may be affected by unanticipated or unscheduled downtime, for any
reason, but that the we will have no liability for any damage or loss caused as a result of
14. TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use
of the Website, effective at any time, without notice to you, for any reason, including
because the operation or efficiency of the Website or our or any third party's equipment
or network is impaired by your use of the Website, any amount is past due from you to
us, we have received a third party complaint which relates to your use or misuse of the
Website, or you have been or are in breach of any term or condition of these Terms and
Conditions. We will have no responsibility to notify any third party, including any third
party providers of services, merchandise or information, of any suspension, restriction or
termination of your access to the Website.
15. NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any services provided by
us are on an "as is" basis. We disclaim any and all express or implied warranties of any
kind, including, but not limited to the implied warranty of fitness for a particular purpose
and the implied warranty of merchantability. We make no warranties that the Website
will meet your needs or that the Website will be uninterrupted, error-free, or secure. We
also make no warranties as to the reliability or accuracy of any information on the
Website or obtained through the Services. Any damage that may occur to you, through
your computer system, or as a result of loss of your data from your use of the Website is
your sole responsibility and we are not liable for any such damage or loss.
Internet communications are subject to interception, loss or alteration and, as
consequence, you acknowledge that information or data you provide by electronic
means by accessing or using this Website are not confidential or exclusive, except to the
extent required by the applicable laws, and that communications by email may be
intercepted, altered or lost.
17. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the
Website, to the fullest extent permitted by law. The maximum liability of PAMA -
Professional Association of Managing Agents arising from your use of the Website is
limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to
PAMA - Professional Association of Managing Agents in the last six (6) months. This
applies to any and all claims by you, including, but not limited to, lost profits or revenues,
consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.