Acceptance of Agreement
This site and all of its contents including, but not limited to, all text and images (“content”) are owned and copyrighted by Ryan’s Well or others with all rights reserved unless otherwise noted.
Without limitation, copyright in (a) “Ryan’s Well Foundation “ logo is the property of the Foundation; (b) the original artwork contained within Ryan’s Well Foundation logo, and appearing separately elsewhere on this Site and in content produced by or for the Foundation is the property of the Foundation, the use of which is licensed to the Foundation solely for the proper purposes of the Foundation; and (c) music contained on and/or performed or published through the use of this Site is the property of the composer, the use, performance and publication of which is licensed to the Foundation solely for the proper purposes of the Foundation. The copying, redistribution, use or publication by you of any such matters or any part of the Site is permitted only in accordance with Section 4 below. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
Any content that is a trademark, logo, or service mark is also a registered and/or unregistered trademark of Ryan’s Well or others, including, but not limited to, RYAN’S WELL® and RYAN’S WELL FOUNDATION®, RYAN’S WELL FOUNDATION & DESIGN and the tagline, CLEAN WATER, BRIGHTER FUTURES. (Canadian Intellectual Policy Office Registration # TMA786,242, United States Patent and Trademark Office Registration # 3,996,513)
Other marks and company names mentioned on the Site are or may be trademarks of their respective owners.
Limited License; Permitted Uses
Except as may otherwise be expressly agreed by the Foundation in writing, you are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for personal and non-commercial purposes; and (c) to print out discrete information from the Site solely for personal and non-commercial purposes and provided that you maintain and recognize all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use
Key Terms of Donation and Sale
a. Certain sections of, or offerings from, the Site may require you to register or permit you to transact the purchase of goods from the Foundation. If registration and/or transaction information is requested, you agree to provide us with accurate, complete registration and transaction information. Your registration and/or transaction must be done lawfully using your real name and accurate information, including accurate credit card information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
b. Receipts will be issued as permitted by law in accordance with the information provided by the donor online for charitable donations actually received through the online donation facility on this site, in excess of $10 (Cdn) from Canadian residents when requested in the manner indicated. Information required for the purposes of the receipt must be provided accurately in the manner prescribed by the Site.
c. Place orders for the purchase of a Ryan’s Well Foundation product in the manner described in the online purchase facility contained on this site. Title to the product(s) purchased, and risk of loss, shall pass from the Foundation to the purchaser on shipment from the Foundation. Products are not to be purchased for resale. To the extent permitted by law, the Foundation disclaims all statutory, express or implied conditions and warranties applicable to a sale of goods.
d. All prices are in Canadian funds. Prices include Canadian and provincial sales taxes, where applicable.
e. This paragraph 6 does not contain all of the terms and conditions applicable to your use of this Site and any donation or purchase you may make online through this Site. You should read all of the Terms and Conditions set out herein.
Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit, delete or add at any time or from time to time any Content and Materials appearing on the Site without notice to you.
Third Party Content
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You agree that the information and opinions in the third party content represent solely the thoughts of each such third party and are neither endorsed by nor does it necessarily reflect our belief.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action accordingly that we deem appropriate.
You agree to indemnify, defend and hold us and our partners, agents, board members, directors, employees, subcontractors, successors, assigns, third party suppliers of Content and Materials, attorneys, advertisers, product and service providers, and affiliates (collectively defined as "Affiliated Parties") harmless from and against any and all liabilities, losses, claims and expenses of any nature or kind whatsoever, including reasonable attorney's fees, related to your violation of this Agreement or your use of the Site.
Your right to use the Site is not transferable or assignable. Any password or right given to you to for the purposes of use of this Site or transacting through the use of this Site, or to obtain Content and Materials is not transferable or assignable. You will not reveal your password to any third party, and you will take all reasonable steps to protect your password.
THE CONTENT AND MATERIALS PROVIDED FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS", "AS AVAILABLE" AND WITH “ALL FAULTS”, AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE EXPRESSLY DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SITE AND CONTENTS AND MATERIALS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE, ANY DOCUMENTS, OR ANY CONTENT AND MATERIALS, EXCEPT AS PROVIDED IN SECTION 14(b). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY LOSSES OR DAMAGES OF ANY NATURE OR KIND WHATSOEVER CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE USED FOR THE PURPOSES OF CONDUCTING ELECTRONIC DONATIONS OR COMMERCE BY MEANS OF THIS SITE OR ANY UNDERLYING SITE OR CONTAINING A FORM OR DOCUMENT AND ANY CONTENT AND MATERIALS, IS DISCLAIMED.
Limitation of Liability
a. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any nature or kind whatsoever directly or indirectly resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the Documents, Content and Materials contained on the Site, or (e) any delay or failure in performance of the Site.
b. REGARDLESS OF CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE OR PRODUCTS LIABILITY, OUR MAXIMUM CUMULATIVE LIABILITY AND THAT OF ALL OF OUR AFFILIATED PARTIES FOR YOUR DIRECT LOSSES OR DAMAGES ARISING OUT OF OR RESULTING IN ANY MANNER WHATSOEVER FROM YOUR USE OF THIS SITE AND/OR THE DOCUMENTS, CONTENT AND MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED IN OR BY THE SITE SHALL NOT EXCEED $100 (CANADIAN FUNDS).
c. REGARDLESS OF CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE OR PRODUCTS LIABILITY, NEITHER WE NOR ANY AFFILIATED PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES OF ANY NATURE OR KIND WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES ARISING OUT OF OR RESULTING IN ANY MANNER WHATSOEVER FROM ANY USE OF OR ANY INABILITY TO USE THIS SITE, ANY DOCUMENTS, ANY CONTENT AND MATERIALS, OR ANY PRODUCTS OR SERVICES PROVIDED IN OR BY THE SITE, LOST PROFITS OR LOST GOODWILL, FAILURE TO REALIZE SAVINGS, OR FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY THIRD PARTY, EVEN IF WE OR ANY AFFILIATED PARTY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE REASONABLY FORESEEABLE.
d. THE LIMITATION AND NEGATION OF DAMAGES SET FORTH ABOVE IN SECTIONS 13(b) AND 13(c) ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN US AND YOU. THIS SITE AND THE DOCUMENTS, THE CONTENT AND MATERIALS, AND THE PRODUCTS AND SERVICES PROVIDED IN OR BY THE SITE WOULD NOT BE PROVIDED IN THE ABSENCE OF SUCH LIMITATION AND NEGATION.
Use of Information
Links to other Web Sites
The Site contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. For notice of claims of copyright infringement, we can be reached by directing an e-mail to firstname.lastname@example.org.
Information and Press Releases
The Site may contain information, press releases and media content about us and about Ryan Hreljac. We disclaim any duty or obligation to update this information and content.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and Content and Materials provided in or by the Site.
This Agreement shall be treated as though it were executed and performed, and all sales made hereunder were made, in Kemptville, Ontario, Canada, and shall be governed by and construed in accordance with the laws in force in the Province of Ontario (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any Documents, Content and Materials, products or services related thereto) must be instituted in the courts of the Province of Ontario within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the disclaimers and limitations of liability set forth in this Agreement including, without limitation, those in Sections 6, 13 and 14. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement for any reason whatsoever.
Nothing contained herein or in any manner or circumstance whatsoever arising or resulting from or connected or relating to your use of this site (including without limitation arising or resulting or connected or related to a donation or purchase made by you through or by means of this site) shall establish, found, create, give rise to or in any other manner permit or result in a claim or action or right of action of any kind whatsoever against, or liability of any kind whatsoever upon, Ryan Hreljac.