Terms of Use

Performins Canada Inc. (“PERF”) Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, OR SERVICES THROUGH THIS SITE.

Each time you use or cause access to this web site, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using, accessing or obtaining a particular service, data, materials, information, products, services, or other content on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Your use of this website is subject to our Privacy Policy. Please read the site's Privacy policy, which is incorporated within these Terms of use by reference. If you do not accept or understand all of these Terms, do not access or use this site and cease your current access.

Licensing
This Website is not intended as a solicitation for insurance or investment products in any state or province where PERF or its subsidiaries are not licensed.

Ownership
PERF and its content providers reserve all of the site editor's rights, including but not limited to any and all copyrights, logos, trademarks, patents, trade secrets, ownership and any other proprietary right that the site editor may have in respect of this web site and its contents. The use of PERF’s rights and property requires PERF’s prior written consent. By making services available to you, PERF is not providing you with any implied or express licenses or rights, and you will have no rights to modify, copy, reproduce, republish, upload, download, post, transmit, publicly display, use to create a derivative work, sell, or otherwise use for public or commercial purposes, in whole or in part, without the express prior written consent of PERF. You may not use robots, spiders or any other technological means or devices to monitor materials available through this website.

Use
In order to use this web site or certain parts of it, you may be required to register for a user account on this web site; in this case, you agree to provide truthful information and that you are at least 18 years of age. If you are less than 18 years of age you may not use the Website and you must leave immediately. By registering for a user account, you explicitly agree to this site's Terms of use, including any amendments made by the site editor that are published herein.

Registration data and other personally identifiable information that the site may collect is subject to the terms of PERF’s Privacy policy.

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify PERF of any unauthorized use of your user account, user name or password.
By using this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the site editor's prior written consent;
(e) you will not provide any content that may give rise to the site editor being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.
No links to this site may be created without prior written consent of PERF.
PERF reserves the right, at any time and without advance notice or liability, to terminate your access to the Website or any component therein.

Co-Branded Areas
Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Whenever you leave a portion of the Website controlled by PERF and enter into a page managed and operated by a third party (“Co-Branded Areas”), a "Pop-Up" screen will appear indicating that you are leaving the PERF-controlled areas and entering into a Co-Branded Area. These Terms, in conjunction with any further terms and conditions posted in the Co-Branded Areas, govern your access and use of those areas. In all other respects, access to these Co-Branded areas is at your own risk. PERF will not in any manner be liable for or responsible for any of your dealings or interaction with Co-Branded areas.

You agree to indemnify and hold harmless PERF and PERF's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.
The Website may contain links to other sites on the World Wide Web, other than the Co-Branded areas. When you access a link that takes you to an unaffiliated website, a "Pop-up" screen will appear indicating that you are leaving the Website. Links to outside sites do not constitute or imply endorsement by PERF of the linked site or any material contained within, and we are not responsible or liable for the information contained, or any products or services offered, on such other sites. Access to these sites is at your own risk.

Products/Quotations
Under no circumstances should you regard any information you may access in the Website as a recommendation, advice, offer to purchase or sell, complete description of any products, service, or plan. Application for an insurance quotation through the Website does not constitute a binder of insurance coverage. The application may be used by PERF to provide an estimate of the terms, conditions, and costs of coverage. A quotation may be subject to receipt of additional information or other conditions. Insurance coverage is provided by various insurance companies and is subject to the terms and conditions of the policies. Circumstances vary and Website visitors must carefully review their own insurance policies and consult with their insurance advisors.

If you use any information or materials provided on this site you do so at your own risk.

Forward-Looking Statements
This Site and linked sites may include forward looking information about the operations, objective and expected financial results of certain entities. Such statements are inherently subject to uncertainties arising from a variety of factors, including but not limited to, legislative or regulatory changes, competition, technological developments and global economic and financial conditions. You acknowledge and understand that actual results, performance or achievements could differ materially from any future results, performance or achievements that may be expressed or implied by such forward-looking statements and you will not unduly rely on such forward-looking statements.

Users of this website are cautioned not to place undue reliance on these forward-looking statements which speak only as of their dates. PERF undertakes no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events, or otherwise.

Disclaimers of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND PERF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

PERF MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT PERF WILL NOT BE HELD LIABLE IN ANY WAY.

Limitation of Liability
PERF AND ITS PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THE WEBSITE OR THE CONTENT FOUND THEREIN, (ii) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE WEBSITE TO SUBMIT APPLICATIONS FOR INSURANCE PRODUCTS OR SERVICES), OR (iii) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, EVEN IF WE HAVE BEEN OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY 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, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Miscellaneous
You agree that these Terms of use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with laws of the Province of Ontario and the federal laws of Canada applicable therein, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this web site, or by using this web site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction in the Province of Ontario, and that any disputes will be heard by the said courts.
(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) PERF may assign the site editor's rights and obligations under these Terms of use; in this event, PERF will be relieved of any further obligation.

Revisions
PERF reserves the right to change these Terms from time to time and in its sole discretion. If these Terms change, the revised Terms will be posted at the "Using this site means you accept its terms" link on the Website’s home page. Any material changes to the Terms will be brought to your attention when you next visit the site. In addition, the last time these Terms were revised is set forth below. If the date displayed is later in time than your last visit, you must re-read these Terms. Your continued use of this Website after the date of the last revision indicates your acceptance of any revisions.

These Terms were last revised on April 23, 2010