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Terms and conditions

These Terms of Use are a binding agreement between you and DR911.ca (“DR911.ca”) governing your account registration and your use of the online services offered by DR911.ca. Any goods, software, subscriptions or other services (collectively “Offerings”) you may purchase from DR911.ca, its affiliates or third parties through the DR911.ca eStore, the DR911.ca Marketplace, or other such DR911.ca Services are subject to additional terms and conditions that you must accept upon making such purchase.

1 Scope; DR911.ca Account
1.1 These Terms of Use (this “Agreement”) govern your use of the DR911.ca Services. Any general terms and conditions you may propose do not apply to this Agreement even if DR911.ca has not formally rejected them. A DR911.ca Account is required to fully access and use the DR911.ca Services.

1.2 You enter into this Agreement by signing up for and activating a DR911.ca Account (as described in Section 1.2.1 below), or by signing in to a DR911.ca Service using an existing DR911.ca Account created on a different DR911.ca Site, and accepting these Terms of Use (as described in Section 1.2.2 below):

1.2.1 When you sign up for a DR911.ca Account by selecting a user name and password and providing a valid e-mail address (or alternatively by using an existing social media account to provide your information), you are requesting that DR911.ca makes you an offer to enter into this Agreement. DR911.ca will confirm receipt of your registration request by e-mail. If DR911.ca chooses to make you an offer, DR911.ca will do so by sending you an activation link by e-mail. This may also be combined with the aforementioned confirmation of receipt. The Agreement is effective if and when you activate your DR911.ca Account by clicking the activation link. The following rules apply to any DR911.ca Account created through any DR911.ca Service:

a) You will keep your DR911.ca Account information, including without limitation your e-mail address and, if applicable, billing information (including billing address) current.

b) The DR911.ca Account is personal and non-transferable. You may not assign, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your DR911.ca Account to any third party. The same applies to any licences to any Offering that is tied to the DR911.ca Account, except to the extent and under the conditions the respective applicable terms of such Offering or mandatory statutory law expressly permit the transfer of such licence.

c) You will keep your password confidential and inform DR911.ca immediately if you have reason to suspect your password has been disclosed to or otherwise obtained by any third party (provided, for clarity, that anyone using the DR911.ca Account on behalf of the Subscribing Organization (defined below) is not a “third party” for this purpose).

1.2.2 When you sign in to any DR911.ca Service with an existing DR911.ca Account for the first time, you will be prompted to accept these Terms of Use. The Agreement is effective once you confirm this prompt. Your DR911.ca Account will be subject to the terms you accepted when you created it.

1.3 The DR911.ca Account is not available to persons under the age of 18 or to anyone whose DR911.ca Account has previously been terminated. By entering into this Agreement, you represent and warrant that you are at least 18 years old and you have not previously had a DR911.ca Account terminated. If you are using or opening a DR911.ca Account on behalf of a company, entity, or organization (collectively, a “Subscribing Organization”) then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such Subscribing Organization to these terms, and that you agree to these terms on behalf of such Subscribing Organization. In such a case “you” in these terms refers to your Subscribing Organization, which shall ensure that each individual user accessing and using the DR911.ca Account on behalf of the Subscribing Organization complies with the obligations, limitations and restrictions contained herein.

1.4 The DR911.ca Account can be used across a number of online services and platforms operated by DR911.ca and/or its affiliated companies. However, additional terms may apply to your access to and use of any Offerings available on or through the DR911.ca Services and such other online services and platforms. You will be notified of such additional terms and be asked to accept them whenever you try to access, download, or otherwise use an Offering by DR911.ca, its affiliates or any third party that is subject to such additional terms.

1.5 You acknowledge that the DR911.ca Services are operated using technology owned and controlled by DR911.ca’s third party licensor(s). You acknowledge that these licensor(s) is/are not a party to this Agreement and that (i) they retain all right, title and interest in and to their own technology and do not grant you any licence to such technology, (ii) they are not responsible for the operation or the contents of the DR911.ca Services or the Offerings you may purchase from other third parties through DR911.ca Services (and DR911.ca makes no warranties on their behalf), (iii) they do not grant any warranties to you regarding the technology, and (iv) they do not have any other contractual liability to you.

2 DR911.ca Services
2.1 During the term of this Agreement, DR911.ca will permit you to access the DR911.ca Services and use their features and/or functions. Such features or functions may also include opportunities to upload or share content (such as message boards or product review tools). DR911.ca may, however, make reasonable modifications to the features and functions of the DR911.ca Services at any time in its discretion, including for instance, to adapt them to new technologies.

2.2 You may enter into agreements regarding Offerings with DR911.ca, DR911.ca affiliates and/or third parties through the DR911.ca Services. Such agreements are subject to the respective terms communicated to you by the respective vendor. In the event of any conflict between the respective custom terms and this Agreement, the custom terms of the Offering prevail.

2.3 The vendor of any Offering will be clearly identified on the respective description page within the DR911.ca Marketplace.

3 Your Obligations and Content; Indemnity
3.1 You acknowledge that the DR911.ca Account and the DR911.ca Services are not data backup services. You will create and maintain adequate regular backups of any and all content you upload or share using the DR911.ca Account and/or the DR911.ca Services.

3.2 In using the DR911.ca Services, you will not:

d) interfere or attempt to interfere with the proper workings of or any activities conducted on the DR911.ca Services, or access or attempt to access the DR911.ca Services with any bot, spider, crawler, or other automated system or process, or bypass robots.txt exclusion files or other measures as may be used to prevent or regulate access to the DR911.ca Services;

e) post, upload, or distribute any content that is defamatory, libelous, inaccurate, unlawful (including in violation of any applicable intellectual property, personality rights, youth protection or similar laws), or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

f) post or upload any content that contains any viruses, adware, spyware, worms, or other malicious code or any content or file that may have the effect of compromising any security or access control feature of the respective DR911.ca Service or of any Offering;

g) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the DR911.ca Account of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via any DR911.ca Service, or perform any other similar fraudulent activity; or

h) post or send unsolicited commercial messages or advertise any goods, software, products, services other than the Offerings available through any DR911.ca Service.

3.3 You agree to defend, indemnify and hold harmless DR911.ca, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of this Agreement; or (ii) your user content; or (iii) your use of (A) the DR911.ca Services, your DR911.ca Account, or the DR911.ca Sites, (B) the DR911.ca content, or (C) your use of services and products obtained through the DR911.ca Services, in each case other than as expressly authorized in this Agreement.

3.3.1 We do not prescreen content posted by users and cannot guarantee the DR911.ca Services or the DR911.ca Sites will be free from content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user content or activities of other users. In the event we choose to monitor and/or remove any user content, we assume no responsibility for, or any obligation to monitor or remove, such user content or the removal of such content. If you have concerns about any content posted by another user, please use the copyright notice procedures in this Agreement to notify us.