Terms of Use

Acceptance of Terms of Use

By using the Website of Prince Edward County Radio Corporation (“99.3 County FM”) you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms of Use”) and the Privacy Policy Statement (“Privacy Policy”). This Website is for information purposes only and the Terms of Use and Privacy Policy relate specifically to this Website only. We reserve the right to change or discontinue any feature of the Website at any time without prior notice. We also reserve the right to change the Terms of Use or the Privacy Policy at any time, by posting revisions on the Website. You agree to be bound by any changes to these Terms of Use and your continued use of the Website indicates your agreement to the revised terms. You also agree that it is your responsibility to review this information from time to time to ensure that you are informed of any revisions to the Terms of Use. If you do not agree to the terms of this or any revised policy, please exit the Website immediately.

Links to Third Party Websites & Services

99.3 County FM’s Website contains links to and from Websites operated by third parties. 99.3 County FM makes no representations whatsoever about any third party content that you may access from the Website, or about any Website from which you may access the Website or which may be linked to this Website. We provide third party content and links only as a courtesy to our users, and such links or content do not imply our endorsement of any linked Website or content. We are not responsible for any third party content or the contents of any linked Website or subsequent links from any third party content, application or Website. Our Privacy Policy is only applicable when you are on this Website. Please review the terms of use agreements and privacy policies of a third party application or Website, and if you do not agree to be bound by the terms, we recommend that you terminate your use of that service or your visit to that Website.

Intellectual Property

You acknowledge that all Content and materials available on this Website, including the selection, coordination, arrangement and enhancement of such Content, as well as Content original to it, are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by 99.3 County FM or our licensors or 99.3 County FM has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our Website. Content includes all content hosted at or used by the Website including any developed works as well as all services provided using, the Domains that Licensor may have, and includes but is not limited to all graphics, photographs, images, audio, video, logos, and other multimedia and text. Unless otherwise indicated, all logos, names, package designs and marks on the Website are trademarks or service marks of, or used under licence by, 99.3 County FM. The use or misuse of any of these materials is strictly prohibited. 99.3 County FM, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Website.

Lawful Use

You agree to use the Website or its Content for lawful purposes and only as expressly permitted in these Terms of Use and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for non-commercial use only, provided you do not delete or change any of the information, including copyright or trademark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Content or materials on the Website or otherwise in any way user or exploit any of the Content of the Website, in whole or in part or violate or infringe in any way upon the rights of others. You also agree not to do or cause to be done anything which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or that which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violate any law, or which, without 99.3 County FM’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying the Website is strictly prohibited.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE AND THAT YOU USE THIS WEBSITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. 99.3 County FM DOES NOT IN ANY WAY WARRANT ANY CONTENT OR FEATURE, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. 99.3 County FM, INCLUDING EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, OR VOLUNTEERS MAKES NO WARRANTY THAT THE CONTENT OF THE WEBSITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR ANY LINKED WEBSITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE WEBSITE.

Limitation of Liability

Under no circumstances shall 99.3 county fm, including its employees, officers, directors, agents, consultants, contractors or licensors, or volunteers be liable for any damages in law or in equity, including without limitation direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or inability to use, the website or from information provided on the website or from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, and the risk of any injury from the foregoing rests entirely with you. this limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis including any defamatory, offensive or illegal conduct of other users or third parties, even if we have been advised of the possibility of such damage. in those jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, our liability shall be limited to the extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold 99.3 County FM including its employees, officers, directors, agents, consultants, licensees and volunteers harmless from and against any and all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the Website or the Content therein, including without limitation your violation of the Terms of Use herein. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
International Use
By choosing to access the Website from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. 99.3 County FM makes no representation that materials on the Website are appropriate or available for use in locations outside Canada, and accessing it from territories where its Content is prohibited is not permitted.

Security Precautions

The services and information provided are protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. 99.3 County FM provides information regarding security and privacy in our Privacy Policy. This document is provided as a guideline only, and it is up to the user to remain current and exercise care when using the Internet. You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using.

Choice of Law

This Agreement shall be construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Use or your use of the Website shall be filed only in the courts of the Province of Ontario or the Federal Court of Canada, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration and Severability

These Terms of Use and our Privacy Policy constitute the entire agreement between 99.3 County FM and you with respect to the Website and supersedes all prior or contemporaneous communications and proposals between us with respect to the Website. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.
Unauthorized Use and Termination

You agree to use the Website only for authorized and legal activities. 99.3 County FM reserves the right, in our sole discretion, to terminate your access to all or part of the Website, with or without notice and for any reason whatsoever.

Privacy and Disclosure

You have read and accept the terms of our Privacy Policy.