Accident on Set Terms of Use

Acceptance of Terms:

Actra Fraternal Benefit Society (hereinafter, “AFBS”) provides the Accident on Set insurance program website to you subject to the following Terms of Use. Please read these Terms of Use before using this site. By using this Site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this Site. This website is being offered to producers, AFBS Members and others interested in the activities of the Society.

Privacy:

As a general policy, no personal information is automatically collected from visitors to this Site unless it is explicitly stated: for full details of how AFBS handles personal information, please refer to the AFBS Privacy Policy.

Individual Conduct:

You understand that all information, data, text, software, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not AFBS, are entirely responsible for all content that you upload, post, e-mail or otherwise transmit any content that:

1. Is unlawful, defamatory, obscene, invasive of another's privacy, hateful or otherwise objectionable; and
2. You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
3. Infringe any patent, trademark, trade secret, copyright or other proprietary rights ("rights") of any party; or
4. Interfere with or disrupt the service or servers or networks connected to this Site.

AFBS and its designees shall have the right to remove any content that is in violation or that it otherwise finds objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.

You acknowledge and agree that AFBS may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

1. Comply with legal process;
2. Enforce these terms of service;
3. Respond to claims that any content violates the rights of third-parties; or
4. Protect the rights, property or personal safety of AFBS, its users and the public.

Indemnity:

You agree to indemnify and hold AFBS, and affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the service, your use of the service, your connection to the service, your violation of the terms of service or your violation of any rights of another.

No Resale of Service:

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the AFBS website.

General Practices Regarding Use and Storage:

AFBS disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any user, and we will have no liability resulting from any unauthorized use of our Site. Access to this Site, the content, and any products and services is not permitted where prohibited by law. If you choose to access this Site and/or use any products or services, you do so on your own initiative and are responsible for compliance with applicable laws.

You acknowledge that AFBS may establish general practices and limits concerning use of the website, including without limitation the maximum number of days that e-mail messages or other uploaded content will be retained, the maximum number of e-mail messages that may be sent or received by an account holder on the service, the maximum size of any e-mail message that may be received from an account holder on this Site, the maximum disk space that will be allotted on AFBS’ servers for this website and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time.

You agree that AFBS has no responsibility or liability for the deletion or failure to store any messages and other communications maintained by this Site. You acknowledge that AFBS reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that AFBS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Modifications:

AFBS reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that AFBS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

Termination:

You agree that AFBS, in its sole discretion, may remove and discard any content within this Site, for any reason, including, without limitation, for lack of use or if AFBS believes that you have violated or acted inconsistently with the letter or spirit of the terms of use. AFBS may also in its sole discretion and at any time discontinue providing this website, or any part thereof, with or without notice. You agree that any termination of your access to this Site may be affected without prior notice, and acknowledge and agree that AFBS may immediately deactivate your access. Further, you agree that AFBS shall not be liable to you or any third-party for any termination of your access to this Site.

AFBS’ Proprietary Rights:

Except for public domain material, all information, data, text, photographs, graphics, audio, video, messages, animation, logos, trademarks service marks and trade names, and the design and arrangement thereof, and all source code and Software (defined below) or other materials on and/or forming part of this Site from time to time (collectively referred to as the “content”), are protected by copyright, trademark and other laws, and are owned or controlled by AFBS or its licensors. All rights not expressly granted to you in these Terms are reserved. You agree that any copy of the content, or any part thereof, which you make shall be solely for your private, non-commercial use or for such other use as may be authorized in writing in advance by AFBS, and you shall retain all copyright and other proprietary notices in all copies that you may make in the same form and manner as on the original.

You acknowledge and agree that this Site and any necessary software used in connection with providing this website ("software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any partnership information and presented to you through this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by AFBS, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this Site or the software, in whole or in part.

Disclaimer and Warranties:

The general information provided in this website is provided solely for informational purposes only. To the extent that this material contains or describes the benefits available through AFBS it is your responsibility to ensure that the material you use is valid (i.e., current, applicable and accurate) by reference to the printed versions of the material.

If any discrepancies between the information on this website and the legal document or contract, such as an insurance contract, exist the terms of the legal document or contract shall apply.

You expressly understand and agree that:

1. Your use of this website is at your sole risk. The website is provided on an "as is" and "as available" basis. AFBS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. AFBS makes no warranty that;
   1. The Site will meet your requirements,
   2. The access will be uninterrupted, timely, secure or error-free,
   3. The results that may be obtained from the use of the service will be accurate or reliable,
   4. The quality of any products, services, information or other material purchased or obtained by you through the Site will meet your expectations, and
   5. Any errors in the software will be corrected.
3. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from AFBS or through or from the service shall create any warranty not expressly stated.

Acceptable Use

Except as expressly provided in these Terms, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site without the prior written permission of AFBS.

Prohibited conduct includes, without limitation:

1. Modifying, translating, reverse engineering, decompiling, disassembling this Site, the content or any part thereof;
2. Renting, leasing, sublicensing or transferring any rights in this Site or the content;
3. Removing any proprietary notices or labels on this Site or the content;
4. Violating, plagiarizing or infringing on the rights of AFBS or any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
5. Any unauthorized use of the content (including use on any other website or networked computer environment);
6. Interfering with or disrupting the use of the Site by any other user, nor "stalking", threatening or in any manner harassing another Site user;
7. Violating any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation; and
8. Engaging in any conduct which AFBS, in its sole discretion, determines to be detrimental to its interests, including, without limitation, acting or failing to act in a manner contrary to these Terms, or intentionally interfering with the Site or AFBS’ computer systems.

Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws.

Limitation of Liability:

You expressly understand and agree that AFBS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, good will, use, data or other intangible losses (even if AFBS has been advised of the possibility of such damages), resulting from:

1. The access or the inability to access this Site;
2. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this Site;
3. Unauthorized access to or alteration of your transmissions or data;
4. Statements or conduct of any third party on the service; or
5. Any other matter relating to the service.

Exclusions and Limitations:

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.

Trademark:

The AFBS and Accident on Set program logos, trademarks and service marks, and product and service names are the sole property of the AFBS. Without AFBS’ prior permission, you agree not to display or use in any manner, AFBS’ marks.

General

These Terms and your use of the Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms shall be resolved exclusively by the courts located in Toronto, Ontario. You agree not to bring any legal action against AFBS in any jurisdiction except the Province of Ontario and you shall submit and consent to such jurisdiction. If any provision of these Terms shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms constitutes the entire agreement between you and AFBS in connection with your use of this Site. Your use of this Site is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and AFBS other than that of independent contractors.

Contact Us

If you have any questions, concerns, or suggestions about these Terms or our Site, please contact us by sending an e-mail to info@afbs.ca, calling us at 1.800.387.8897 or writing to us at:

Attn: Communications Department

1000 Yonge St

Toronto, ON M4W 2K2

Updates and Amendments

AFBS reserves the right to change, modify or amend these Terms, or add or remove portions of our Site and any products and services, at any time and you agree to be bound by such changes, modifications, additions or deletions. The current version of these Terms will be posted on the Site and is in force as of the Effective Date listed on the webpage. Please check back frequently to see any updates or changes to these Terms. Your continued use of this Site and any products or services following the posting of changes will constitute your agreement to be bound by such changes.