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Terms & Conditions

Effective July 1, 2018

Welcome to parcliving.ca (the “Site”).

These Terms of Use (“Terms of Use”) apply to any access to or use of the Site. The Site is owned and operated by PARC Retirement Living. (“we”, “us” or “our”).

Please read these Terms of Use carefully before you start to use the Site, subscribe for any Information or read any Information (or any part of it).

Acceptance of and changes to terms of use

By using the Site and/or by subscribing for Information and/or by reading Information (or any part of it), you indicate that you accept these Terms of Use and that you agree to abide by them. Your accessing or use of any part of the Site, your subscription for Information or your reading of Information (or any part of it) shows your acceptance of these Terms of Use, which take effect on the date on which you first use or visit the Site, subscribe for Information or read Information (or any part of it).

If you do not agree with these Terms of Use, you should stop using the Site, cancel your subscription for Information and stop reading the Information (or any part of it) immediately.

These Terms of Use (together with the documents referred to in them) tell you the terms and conditions on which you may:

  • make use of our Site, whether as a visitor or a registered user; and,
  • make use of any electronic newsletter(s) or other information that you subscribe for us to send to you (whether by email or otherwise) or which we otherwise supply to you (all of which together we call “Information”) which is both content and the medium by which it is conveyed, such as email or letter.

We reserve the right to change these Terms of Use at any time with notice to you by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Site and/or subscription for Information after changes are posted shows your acceptance of the amended Terms of Use.

Privacy policy

We process information about you in accordance with our Privacy Policy . By accessing or using the Site and using or subscribing for Information, you consent to such processing and you warrant that all data provided by you is accurate.

Age of users

The Site and Information are intended for persons over the age of 13 only. To use the Site (without registering for a subscription) or to subscribe to receive Information or other marketing or promotional material from us (in any form and via any media) you must be 13 years of age or over.

If you are under 13 and you want to use the Site or subscribe for Information you must get consent from your parent or guardian before doing so.

If you have already subscribed for Information or other promotional or marketing material and you are under 13 but you do not have consent from your parent or guardian, please tell us immediately by email to [email protected].

Responsibility for access to site

You are responsible for all access to the Site and Information by you and any person who may use your subscription, and for bringing these Terms of Use to the attention of all such persons.

Use of the Site and subscription for Information does not include the provision of a computer or other necessary equipment to access it. To use the Site or access Information you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.

Acceptable use policy

You shall not in any way use the Site or Information or submit to us or to the Site or to any user of the Site or subscriber to the Information anything which in any respect:

  • Is in breach of any law, statute, regulation or bylaw of any applicable jurisdiction;
  • Is fraudulent, criminal or unlawful;
  • Is inaccurate or out-of-date;
  • May be considered by a reasonable person to be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
  • Impersonates any other person or body or misrepresents a relationship with any person or body;
  • May infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party;
  • Is contrary to any specific rule or requirement that we stipulate on the Site in relation to the Information, a particular part of the Site or the Site generally; or
  • Involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
    Unless we explicitly agree to allow you to do so in writing, you must not:
  • Use any automated means (such as scripts) to access the Site or Information or collect any information from the Site or Information.
  • Use or copy any material from the Site or Information, including, but not limited to, onto other websites or in emails or newsletters or otherwise; or
  • Frame any of the Site or Information onto your own or another person’s website.

Submissions

You hereby grant to us an irrevocable, royalty-free, fully-paid, worldwide, assignable, sub-licensable, non-exclusive licence to use, free of any confidentiality restriction, any material which you submit to us or the Site for the purpose of use on the Site or in Information or for generally marketing (by any means and in any media) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.

We take no responsibility and assume no liability for any content posted or uploaded by you or any third party on the Site, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Site.

As a provider of interactive services, we are only a forum and are not liable for any statements, representations, or content provided by its users in any forum or page. We have the right, but not the obligation, to monitor any activity and content associated with the Site’s forums and interactive areas.

Content of the site and information

While we use reasonable efforts to ensure that information and materials on the Site and Information are correct, to the extent permitted by law, we assume no liability or responsibility for any errors or omissions in any of them. The information and materials and Information on, or accessible from, the Site are provided “as is” and “as available” without representations, warranties, or conditions of any kind, either express or implied.

We do not warrant or make any representation, warranty or condition regarding the use, or the results of the use, of the content, user submissions and other materials on, or accessed through, the Site. To the fullest extent permitted by applicable law, we disclaim all representations, warranties, or conditions, express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title or non-infringement. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Commentary and other materials posted on the Site or in Information are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor or subscriber to the Site, or person who accesses or uses Information, or by anyone who may be informed of any of their contents.

You assume sole responsibility for results obtained from the use of the Site and/or Information, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Site or Information, or any actions taken by us at your direction.
The content of Information and the Site is selected by our editors and is editorial content. For more information, see our

No medical advice

The Site may offer health, fitness, nutritional and other such Information, but such Information is designed for educational and informational purposes only.

The information contained on the Site does not and is not intended to convey medical advice and does not constitute the practice of medicine. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. We are not responsible for any actions or inaction on your part based on the Information that is presented on the Site.

Copyright Complaints

If you believe that material available through the Site infringes the copyright of you or a third party for whom you are authorized to act, please notify our designated agent by using the notice procedure described below.
After receiving notice, we may remove or disable access to any infringing material. Our designated agent for copyright notices can be contacted by emailing [email protected]. The notification must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed copyrighted work;
  • Identification of the copyrighted work you claim has been infringed, or if multiple copyrighted works on the Site are covered by a single notification, a list of such works on the Site, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed copyrighted work.

We have the right to terminate any account or right of access to the Site for infringement of our or another party’s rights.

Please understand that filing a notice or counter-notice may lead to legal proceedings between you and the complaining party to determine ownership or right to use.
Therefore, please be aware that there may be adverse legal consequences if you make a false or bad faith allegation by using this process.

Availability of the site

While we use reasonable efforts to make the Site available 24 hours a day, we cannot be liable if for any reason the Site is unavailable for any time or for any period.

We make no representation, warranty or condition that your access to the Site, or subscription for Information, will be uninterrupted, timely or error-free, that defects will be corrected, or that the Site or the servers that make the Site available are free of viruses or other harmful components. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

Access to the Site and Information (or a subscription for Information) may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Site or access to or subscription for Information for any reason. If we impose restrictions on you personally, you must not attempt to use the Site or subscribe for or access Information under any other name or user.

We do not warrant that the Site or Information will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Site or the Information or your obtaining any material from, or as a result of using, the Site or the Information. We shall also not be liable for the actions of third parties.

Changes to the site and its services

We may change or update the Site (including but not limited to any archive of any Information which may be stored within it) and anything described in it without notice to you.

Limitation of liability

In no event will we be liable to you whether in tort (including for negligence, misrepresentation, or breach of statutory duty), contract, strict liability or any other legal theory for damages of any kind including without limitation any direct, special, indirect, incidental, consequential or punitive damages resulting from or in connection with the Site, the information or materials and Information on, or accessible from, the Site, or any errors or omissions in their technical operation or content, even if we have been advised of the possibility of such damages. In no event shall our aggregate liability arising out of or relating to access to or use of the Site, the information and materials on the Site and Information exceed CAD$50 or the compensation you paid us, whichever is less.

By accessing or using the Site, you agree to indemnify, hold harmless and defend us, our officers, directors, employees, sub-contractors, and agents from and against from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Site in violation of these Terms of Use or breach of a term or condition of these Terms of Use.

Trade marks

The “PARC Retirement Living,” name and logos and all names, design marks and slogans on this Site are the trademarks or service marks of us or our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of us or our suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of us or our licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of us or our suppliers or licensors.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in the Site and Information, and in the material published in them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Site and Information for your personal reference and you may draw the attention of others to material posted on the Site or in Information. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the materials on the Site or in Information for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Site or Information in breach of these Terms of Use, your right to use the Site and Information will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Third party websites

We have no control over and accept no responsibility for the content of any website to which a link from the Site or Information exists. Such linked websites are provided “as is” for your convenience only with no representation, warranty, or condition, express or implied, for the information provided within them.
We do not provide any endorsement or recommendation of any third party website to which the Site or the Information provide a link. The website terms and conditions, terms of use and privacy policies of those third party websites will apply to your use of those websites and any orders you make for goods and services via such websites. If you have any queries, concerns or complaints about such third party websites (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website.

Linking

We hereby grant to you a revocable, non-exclusive, royalty-free, free right to provide a link from your website to the home page of the Site, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular:

  • you shall not make any warranties or representations about us, our services or our policies except with our prior express authorization;
  • you shall not say anything that is false, misleading, derogatory or offensive about us or our services or policies; and
  • you shall not suggest expressly or impliedly that we have endorsed your website or are associated with it where this is not the case.

Unauthorized use of site and termination

Any unauthorized use of this Site will terminate the permission or license granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Severability

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

Canadian law and jurisdiction

These Terms of Use and your access to and use of the Site and subscription for and use of Information (and all non-contractual relationships arising out of or connected to it or them) shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada.

You submit to the exclusive jurisdiction of the courts the Province of British Columbia, Canada, to settle any dispute which may arise under, or in respect of, these Terms of Use or your access to or use of the Site or subscription to and use of the Information, except where, by law, such dispute must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction.