TERMS AND CONDITIONS OF USE

1. TERMS AND CONDITIONS OF USE

Your use of this web site (the “Site”) constitutes your acceptance, and the acceptance of any entity on whose behalf you are acting, of the terms and conditions of use set forth below (the “Terms and Conditions”). If you do not agree to abide by the Terms and Conditions, do not use the Site. We have the right, in our sole discretion, to change all or any part of the Terms and Conditions at any time. Changes will be effective when posted on the Site. Please check the Terms and Conditions frequently for updates by checking the date of the “Last Update” at the top of this document. Your continued use of the Site after any such changes are posted will constitute acceptance of those changes.

2. LIMITED LICENSE

You are granted a non-exclusive, revocable, limited license to display on your computer and print the content of the Site for informational purposes only, and to submit product registration and warranty information through the Site, solely for your own personal, non-commercial use. No other use is permitted and no other rights are granted.

3. PROPRIETARY RIGHTS

The Site, including its content and software, is owned by CISA (Canadian Institute for the Study of Antisemitism), and is protected by Canadian and worldwide copyright, trade-mark and other intellectual property laws and treaty provisions. None of the content or software of the Site may be copied, reproduced, displayed, modified, distributed, published or transmitted in any way for commercial use, or any other use that is not expressly permitted by the Terms and Conditions, without the express written consent of CISA. You may not display or use in any manner any of the logos, product names, service names, icons or other trade-marks on the Site without the express written consent of CISA and/or its affiliates.

4. SUBMISSIONS THROUGH THE SITE

CISA does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to FAST will be deemed NOT to be confidential. By sending CISA any information or material, you grant CISA an unrestricted, irrevocable license to use, copy, reproduce, display, perform, modify, publish, transmit and distribute those materials or information, and you also agree that CISA is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

Any personal information which CISA collects via the Site is subject to the Privacy Policy, which is incorporated by reference into the Terms and Conditions.

5. DISCLAIMER

THE SITE, INCLUDING WITHOUT LIMITATION ITS CONTENT AND SOFTWARE, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, CISA MAKES NO REPRESENTATIONS AND THERE ARE NO CONDITIONS THAT THE SITE WILL BE AVAILABLE, COMPLETE, ACCURATE, TIMELY, SECURE, NON-INFRINGING, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, RELIABLE OR UNINTERRUPTED. You acknowledge that any reliance by you on any advice, opinion, statement or other information provided on or through the Site shall be at your own risk. CISA may make changes to the information, and to the materials, products, programs, services and prices (if any) described on the Site at any time without notice.

6. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT THE SITE IS BEING MADE AVAILABLE TO YOU AS A CONVENIENCE. YOU AGREE THAT IN NO EVENT WILL FAST OR ANY OF ITS AFFILIATES HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSSES OR DAMAGES WHATSOEVER SUFFERED OR INCURRED BY YOU, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR GOODWILL, DAMAGE TO YOUR COMPUTER SYSTEM AND LOSS OF DATA) ARISING FROM OR IN CONNECTION WITH THE SITE OR ANY LINKED WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM LIABILITY OF FAST AND ITS AFFILIATES ARISING FROM OR IN CONNECTION WITH THE SITE EXCEED THE AMOUNT YOU PAID TO ACCESS AND USE THE SITE.

THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS.

7. LINKED SITES

Various links on the Site will let you leave the web site. The linked sites are not under the control of CISA and CISA is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion on the Site of any link does not imply endorsement by CISA of the linked site. If you decide to visit any linked site, you do so at your own risk.

8. CHOICE OF LAW

You agree that all matters relating to the Site shall be governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws. Any dispute shall be settled in the Courts located in the City of Winnipeg, in the Province of Manitoba, though the foregoing shall not limit the ability of CISA to seek injunctions and remedies in other jurisdictions that are required to stop breaches of the Terms and Conditions by you.

9. GENERAL

The Terms and Conditions constitute the entire agreement between CISA and you with respect to the subject matter hereof. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. CISA’ failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right.