This User Agreement (or “Agreement”) is a legal agreement between you and EBPM, Inc. (“EBPM”, “EBPM.ca” or “us”) governing your use of the EBPM.ca site. By using, accessing or registering as a member of the EBPM.ca, you agree to” be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the EBPM.ca site. This Agreement may be amended either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on EBPM.ca, which take effect when posted. By continuing to access or use EBPM.ca after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.
EBPM.ca is not intended for use by anyone under the age of 18. By using EBPM.ca, you represent and warrant that you are 18 years of age or older. You may become a “Member” of EBPM.ca by completing the registration form and clicking here. You agree to provide accurate, current and complete information to EBPM.ca when you register and to let EBPM.ca know of any changes. Becoming a Member allows you to participate in the rating services offered through EBPM.ca. The services are free, although EBPM.ca reserves the right to charge for it in the future. EBPM.ca reserves the right to modify or discontinue the services, or any feature of the services, temporarily or permanently, without notice to you and you agree that EBPM.ca is not liable to you should it do so. EBPM.ca reserves the right to refuse to accept new members, to remove members from their lists, and to prohibit or remove any content, all in their complete discretion. You agree as a condition of use and membership that we may contact you for the purpose of informing you of changes to this Agreement or regarding services and features available on EBPM.ca. You are solely responsible for safeguarding the password that you use to access any secure areas of EBPM.ca. You agree not to disclose your password. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify EBPM.ca of any unauthorized use of your password.
EBPM.ca does not warrant any content of EBPM.ca. EBPM.ca content is provided for informational purposes only and does not constitute an endorsement by EBPM.ca of any product, service, individual, company, association, sponsors, business or professional entity. You should not rely on such information where its inaccuracy may cause you to suffer any loss. EBPM.ca assumes no liability for inaccuracy or incompleteness in its search results, user ratings or other content on EBPM.ca. Ratings on EBPM.ca are from our members who have elected to participate in a review on EBPM.ca and as such, these
ratings are informative for those wishing to use them and do not guarantee any level of performance by a product, service, individual, company, association, sponsor, business or professional entity. Participating advertisers and other third parties may pay EBPM.ca to be displayed on EBPM.ca, but such payments do not affect the ratings given to any product, service, individual, company, association, sponsor, business or professional entity by participating members. You may download, view and print content from this site solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in EBPM.ca and all content appearing on EBPM.ca shall remain the sole property of EBPM.ca. Except as expressly permitted in this Agreement, you may not in any way whatsoever use EBPM.ca or any content appearing on EBPM.ca. You shall not copy or modify the HTML code used to generate web pages on EBPM.ca. You agree that you shall not create a rating that is known by you to be false, inaccurate, misleading, fraudulent, harassing or obscene; You agree that you will not use EBPM.ca ‘s Service to transmit, disseminate or upload:
(1) unlawful, harassing, libelous, tortious, abusive, threatening, or obscene communications of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that contains blatant bigotry, racism, or hatred, or that promotes illegal activities or physical harm against anyone;
(2) spam, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings;
(3) viruses or other harmful, disruptive or destructive files; or,
(4) content containing nudity or pornographic material of any kind to people under age 18, or to anyone on lists that are not limited to people age 18 or older.
All content available on EBPM.ca, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by EBPM.ca., with all rights reserved and is the property of EBPM.ca or third parties protected by intellectual property rights. EBPM.ca ‘s trademarks may not be used in connection with any product or service that is not provided by EBPM.ca or in any manner that will or is likely to cause confusion among members, customers and associates or in any manner that disparages or discredits EBPM.ca. EBPM.ca does not control and assumes no responsibility for content that appears on any third party website that may be accessed through EBPM.ca.
You agree to comply with all laws and regulations applicable to your access and use of EBPM.ca. You may not access or obtain personal data (including email addresses) from EBPM.ca and may not use in any way whatsoever email addresses displayed on this site. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that EBPM.ca has no obligation to monitor your access to or use of EBPM.ca, but does have the right to do so for the purpose of operating EBPM.ca and ensure your compliance with this Agreement and comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. By choosing to use EBPM.ca, you agree to indemnify EBPM.ca, its officers, directors, agents, partners, employees, shareholders, representatives, successors and assigns from any and all actions, causes of action, claims or damages, including reasonable attorney’s fees, made by third parties howsoever arising from your use of or connection to EBPM.ca or your violation of the User Agreement. This provision shall survive the termination of this User Agreement. In the event that you have a dispute with a user of EBPM.ca, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge EBPM.ca, our officers, directors, employees, representatives, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, costs and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys’ fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law and in equity concerning, related to, or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and/or principles of common law applicable as it pertains to the enforcement of the release in this section. This provision shall survive the termination of this User Agreement.
EBPM.ca AND ITS SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH EBPM.ca AND ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, OUR SERVICES OR THIS AGREEMENT. This provision shall survive the termination of this User Agreement. This Agreement shall be construed and governed pursuant to the laws of the Province of Ontario, Canada as such laws apply to Agreements entered into and to be performed entirely within the Province of Ontario between Ontario residents and without regard to conflict of laws. In the event of any dispute(s) arising out of or relating to this Agreement the dispute(s) shall, upon thirty (30) days written notice by either party to the other, be finally settled exclusively by arbitration in accordance with the rules of the American Arbitration Association. Any arbitration proceeding conducted under this paragraph shall be conducted in Toronto, Ontario and each party shall bear its own costs with respect to any arbitration. Any such dispute shall be arbitrated on an individual basis and not consolidated with another party’s claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator’s award shall not be appealable or reviewable except as permitted by Ontario law. However,
(a) each of us may seek interim relief from an Ontario court of competent jurisdiction to protect the party’s rights or property while arbitration is pending, and
(b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.
EBPM.ca AND ITS SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PA RTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
EBPM Inc. does not constitute endorsement, warranty or guarantee in anyway whatsoever of any services or products of an Equine Business Professional Member (EBPM).
We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. EBPM.ca may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:
(i) the availability or accuracy of such websites or resources; or
(ii) the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources.
You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on EBPM.ca, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold EBPM.ca liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on EBPM.ca. In addition, EBPM.ca does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. This provision shall survive the termination of this User Agreement.
You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by EBPM.ca, in its sole discretion, to a third party. You may not assign your obligations to another entity. This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by EBPM.ca.