Terms of Service
Thank you for your interest in MRPdata.com.
The following terms and conditions govern your registration and use of MRPdata.com.
You Must Agree to these Terms of Service to Use MRPdata.com
By using or registering for MRPdata.com (defined above), you agree to these terms and conditions ("Terms of Service")
and the MRPdata.com Privacy Policy. You agree to accept notices electronically.
Each time you use MRPdata.com, you reaffirm your acceptance of the then-current Terms of Service. If you do not wish
to be bound by these Terms of Service, you may discontinue using MRPdata.com. You cannot use or sign up for MRPdata.com until
you have accepted these Terms of Service.
Modifications to the Terms of Service
News Canada Inc. ("News Canada") may change the Terms of Service at any time and in its sole discretion. The modified
Terms of Service will be effective immediately upon posting and you agree to the new posted
Terms of Service by continuing your use of the MRPdata.com Web Site. News Canada will provide at least
30-days' notice before any material changes take effect. If you do not agree with the modified
Terms of Service, your only remedy is to discontinue using the MRPdata.com Web Site cancel your
registration.
Requirements for Use or Registration
The MRPdata.com Web Site is intended for general audiences. You represent and warrant that you have adequate legal
capacity to enter into binding agreements such as these Terms of Service. MRPdata.com requires the user to register and
provide information to News Canada, such as name, e-mail address, postal code (the "Registration Information"). If
you register for MRPdata.com, you agree to provide accurate and complete Registration Information and you agree to keep
such information current.
You will need a valid email address to use MRPdata.com. You may not (1) use an email address of another person
with the intention of impersonating that person, (2) use an email address of anyone else without authorization, (3) use
an email address in violation of the intellectual property rights of any person or (4) use an email address that News Canada
considers in its sole discretion as being inappropriate.
Registered User Information
The MRPdata.com Privacy Policy explains how News Canada collects and uses information and the choices you have with
that information. You consent to News Canada using your Registration Information and other information collected
by News Canada under the terms of the MRPdata.com Privacy Policy.
By registering with or using MRPdata.com, you consent to the collection and use of your personal information for
billing purposes. Except as authorized by the MRPdata.com Privacy Policy, News Canada will not transfer or release this information to any third party without your written consent.
Your Responsibility
You are responsible for all activity made by you or anyone you allow to use your MRPdata.com account, including your
family or friends. You agree to keep confidential the passwords associated with your account. You agree to indemnify
and hold harmless News Canada for losses incurred by News Canada or another party due to someone else using your account or password as a
result of your failure to use reasonable care to keep your account information confidential or as a result of your failure
to use reasonable care while using MRPdata.com.
Communications
You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other
equipment needed for access to and use of the MRPdata.com Web Site, and all charges related thereto. Any telephone or other communications
charges incurred by you to access MRPdata.com are your responsibility. If you are accessing MRPdata.com through a telephone line,
please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges
at your location. Also, your carrier, such as a wireless carrier, may charge service fees for alerts, web browsing and
other services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you.
Content You May Use
The content ("Content") available for downloading on the MRPdata.com Web Site shall be used for internal business purposes only. These purposes
may include providing templates, reports and analysis derived from the Content to your customers. Other than the foregoing, you may not copy, distribute,
assign, transfer, re-sell, re-license or make derivative works of the Content.
Content You May Upload
You may upload your media related content (“Uploaded Content”) to the mrpdata.com web site so that your own clients and other authorized users
of MRPdata.com within your organization may access your Uploaded Content. You warrant and represent to News Canada and its suppliers that you have
all necessary rights, including without limitation contractual, intellectual property rights, and re-distribution rights to your Uploaded Content. If
News Canada or MRPdata.com receives any notice or demand from any third party that your Uploaded Content or any portion of your Uploaded Content is in
violation of that third party’s rights, or if News Canada or MRPdata.com otherwise have reasonable grounds to believe there is such a violation, then News Canada
and MRPdata.com may, without further notice to you, remove your Uploaded Content from the MRPdata.com Web Site. Should this occur, it is then your responsibility
to obtain all appropriate rights for re-distribution from the third party and to satisfy News Canada and MRPdata.com with respect to the same.
Changes to the Service
News Canada has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the MRPdata.com Web Site including,
but not limited the Content, hours of availability, equipment needed for access or use. News Canada has no obligation to provide you
with notice of any such changes.
News Canada License to You
News Canada grants you a personal, non-exclusive, non-transferable limited license to access the Web Site and to use the MRPdata.com Web Site and to use it
in accordance with these Terms of Service. You may not re-license, sub-license, or charge others to use or access the Web Site. News Canada occasionally will
provide automatic upgrades to improve your online experience, although these upgrades may not be consistent across all
platform and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services.
You may not copy or modify any portion of the MRPdata.com Web Site (including it's source code and the Content) or use it in any way not expressly authorized by these
Terms of Service. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise
attempt to discover any source code in the MRPdata.com Web Site. You may not obtain the communications protocol for accessing the MRPdata.com Web Site. Finally, you may not authorize or assist any third party
to do any of the things described in this paragraph. You understand that News Canada's introduction of various technologies may not be consistent across all platforms and
that the performance and features offered by News Canada may vary depending on your computer and other equipment.
Restrictions on Access to or Use of MRPdata.com Web Site
You may access the MRPdata.com Web Site only through the interfaces and protocols provided or authorized by News Canada. You agree that you will not access MRPdata.com through
unauthorized means, such as unlicensed user id's. Only those users for which you have purchased licenses may only access the MRPdata.com Web Site, and no other users
within your organization. You may only access MRPdata.com through one IP address, being the IP address of your organization. If you wish to access MRPdata.com through any other IP address, you
may only do so upon written consent of News Canada and the payment of additional or premium subscription fees to News Canada.
Support by News Canada
You understand that your use of the Web Site is at your own risk and that News Canada provides support during regular business hours (ET) Monday to Friday,
except on Canadian Federal Statutory Holidays. News Canada is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Web Site.
No Endorsement
MRPdata.com may contain links to other Web Sites, resources and advertisers. News Canada is not responsible for the availability of these external sites nor does it
endorse, or is it responsible for, the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials
made available on or through such external sites. Under no circumstances shall News Canada or any of its third-party suppliers or agents be held responsible or liable, directly or indirectly,
for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on such external sites.
You should direct any concerns to such external sites' administrator or Webmaster.
Disclaimer of Warranty; Limitation of Liability
DISCLAIMER OF WARRANTIES. YOUR USE OF THE MRPDATA.COM WEB SITE IS AT YOUR SOLE RISK. THE MRPDATA.COM WEB SITE IS
PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE
OF EXCLUSION. SPECIFICALLY, NEWS CANADA AND ITS SUPPLIERS AND AGENTS DISCLAIM IMPLIED WARRANTIES THAT THE MRPDATA.COM WEB SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR
A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NEWS CANADA AND ITS SUPPLIERS AND AGENTS DO NOT WARRANT THAT THE FUNCTIONS OR THE CONTENT CONTAINED IN THE MRPDATA.COM WEB SITE WILL MEET
YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MRPDATA.COM WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE CAN OR WILL BE CORRECTED. NEWS CANADA AND ITS SUPPLIERS
AND AGENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MRPDATA.COM WEB SITE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY OR OTHERWISE. NEWS CANADA PROVIDES THE MRPDATA.COM WEB SITE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE MRPDATA.COM
WEB SITE AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT NEWS CANADA WILL HAVE ADEQUATE CAPACITY FOR THE MRPDATA.COM WEB SITE AS A WHOLE. THERE IS NO WARRANTY AS TO THE ACCURACY, COMPLETENESS,
OR RELIABILITY OF ANY OF THE CONTENT ON THE MRPDATA.COM WEB SITE.
LIMITATION OF LIABILITY.YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH NEWS CANADA
(INCLUDING WITHOUT LIMITATION YOUR USE OF THE MRP DATA WEB SITE) IS TO DISCONTINUE YOUR USE OF THE SITE. NEWS CANADA AND ITS SUPPLIERS AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE MRPDATA.COM WEB SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH THE MRPDATA.COM WEB SITE. THESE
EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF NEWS CANADA HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM
IS BASED. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, NEWS CANADA AND ITS SUPPLIERS'
AND AGENTS' LIABILITY IN SUCH PROVINCE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEWS CANADA DOES NOT ENDORSE, WARRANT OR GUARANTEE THE MRPDATA.COM WEB SITE AND WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Indemnification
You agree to defend, indemnify and hold harmless News Canada, its vendors and agents, and their respective directors, officers, employees and agents from and against all claims and expenses,
including reasonable attorneys' fees, arising out of your use of the MRPdata.com Web Site, the Content, and your Uploaded Content. News Canada reserves the right, at its own expense and in its sole
discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Termination
News Canada has the right to terminate your user id, your registration and your access to MRPdata.com Web Site for any reason, including, without limitation, if it, in its sole discretion, considers
your use to be unacceptable, or in the event of any breach by you of the Terms of Service (either directly or through breach of any other terms and conditions or operating rules applicable
to you). News Canada may, but shall be under no obligation to, provide you a warning prior to termination of your use of the MRPdata.com Web Site. In the event of termination, News Canada shall have no obligation
to refund to you any unused portion of your subscription.
Trademarks
All trademarks appearing on the Web Site are the property of their respective owners, including,
without limitation, The Canadian Public Relations Society ("CPRS") and News Canada. You are not authorized
to use any such trademarks.
Additional Terms and Conditions for Other Services, Other Products, and Premium Services
News Canada may from time to time give you the opportunity to purchase or subscribe to other services, other products, and premium services (collectively, "Premium Services") on the MRPdata.com Web Site.
You agree that your purchase or subscription of any Premium Service will be subject to additional terms and conditions that will supplement these Terms of Service. You agree to abide by these
additional terms and you further agree that a violation of those terms while you are accessing those features or services with your MRPdata.com user id shall constitute a breach of these Terms of
Service.
Your Payment Responsibilities
Details of pricing plans and pricing options are set out on the subscription page of the MRPdata.com Web Site, and it is your responsibility to be familiar with those various plans and options.
You must select a payment method to pay for your subscription. You must give News Canada accurate billing and payment information and keep this information up-to-date through the "My Account" area on MRPdata.com
Web Site. You agree to pay News Canada for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize News Canada to charge your designated payment method for these charges.
If News Canada does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by News Canada.
You must notify News Canada's customer service about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to News Canada's attention
within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
Subscription Plans
Fees charged for subscription plans or options are nonrefundable and due within 90 days of registering. Also, within thirty (30) days of expiry of your subscription, News Canada will automatically renew your
subscription for the same time period and charge your payment method. You may however, notify News Canada at any time prior to the expiry of your subscription that you will not be renewing your subscription.
Electronic Delivery Policy
News Canada, as an online business, transacts with its users electronically. WHEN YOU SUBSCRIBE TO MRPDATA.COM, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM NEWS CANADA ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES,
REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that News Canada generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail
address that you provided to News Canada during registration or (2) News Canada may post Notices on a welcoming screen. You agree that certain Premium Services may also have their own Notice procedures. You must check
your designated e-mail address regularly for Notices. You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating
system with an Internet browser or a Macintosh-based operating system with an Internet browser and Internet e-mail software in order to access electronic communications. You will need a printer
attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of the Terms of Service by clicking on the "Terms of Service" link at bottom of each web page
of MRPdata.com. The delivery of any Notice from News Canada is effective when sent by News Canada, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only
method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.
Miscellaneous
A. The provisions of these Terms of Service addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, Premium Services and
governing law shall survive the termination of these Terms of Service, your Premium Services and your registration with MRPdata.com.
B. These Terms of Service, as amended from time to time and any operating rules for any areas of functionality of the MRPdata.com Web Site constitute the entire agreement between News Canada and you regarding the subject
matter of these Terms of Service, and supersede all previous written or oral agreements. In the event of any inconsistency between these Terms of Service and any such other terms of use or operating
rules of related services or agreements, these Terms of Service will supersede such other terms of service or operating rules. The Terms of Service shall be governed by and construed in accordance
with the laws of the Ontario, Canada, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Service and or your
use of the Web Site resides in the courts located in Ontario, Canada, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim
or action. The foregoing provision may not apply to you depending on the laws of your jurisdiction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Last updated September 27, 2007
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