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Terms of Use

Terms of Use

Last Updated: January 1, 2024

Please read these terms of use carefully before using our website as they represent a binding agreement between each user (“you,” “your”) and MutualONE Insurance Company. (referred to as “MutualONE,” “we,” “us,” or “our”).

If you wish to access and use the website, you must accept and agree to be bound by and comply with these terms of use. If you do not agree to these terms of use, you must not access or use our website.

You agree that these terms of use and any related information, communications and agreements between you and us may be made available or occur electronically.

These terms of use were last updated on the ‘Updated’ date indicated above. We reserve the right, at our sole discretion, to modify these terms of use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these terms of use regularly to keep yourself apprised of any changes.

 

Use of Our Website

MutualONE grants you (as a permitted user) a limited, revocable, non-exclusive license to access our website for your own personal and non-commercial use and in compliance with applicable law. Use of our website beyond the scope of authorized access granted to you by these terms of use immediately terminates that license.

Access and use of our website may be subject to limitations, delays and other problems inherent in using the Internet and electronic communications. MutualONE is not responsible for any delays, delivery failures, or other damage resulting from such issues or the website’s unavailability for any reason.

We reserve all rights not expressly granted by these terms of use to us or, if applicable, our licensors.

 

Trademark and Copyright Information

Our website contains content including, but not limited to, all text, audio, images and other materials or elements (collectively the “content”). We’ve protected the content displayed on or through our website by copyright as a collective work and compilation under copyright laws and international conventions. We strictly prohibit any reproduction, modification, creation of derivative works from or redistribution of our website or the collaborative work, and copying or reproducing our website or any portion thereof to any other server or location for further reproduction or redistribution without the express written consent of MutualONE.

Some names, graphics, logos, icons, designs, words, titles and phrases on our website constitute trademarks, trade names, trade dress and brand names of MutualONE (collectively the “Marks”) and are protected in Canada and internationally. Any reproduction, modification, creation of derivative works or any other use of the Marks, in whole or in part, is strictly prohibited without the express written consent of MutualONE.

You further agree not to reproduce, duplicate or copy Content and Marks from our website without the express written consent of MutualONE and agree to abide by any copyright and trademark notices displayed on our website.

You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code on our website. Without limiting the preceding, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any aspect of our website for commercial purposes.

 

Your Privacy

We respect your right to privacy. All information we may collect via the website is subject to our privacy policy [links to 9.0].

 

Secure Account

Certain sections of our website may only be available to you upon registration for a website account. By registering, you represent and warrant to MutualONE that (a) all information provided by you to MutualONE during the registration process is truthful, accurate and complete, and (b) you will comply with these terms of use.

As a registered user, you agree to maintain and promptly update your registration information as necessary to keep it accurate, current and complete.

You will be responsible for any loss, damage, or additional costs that we and our service providers or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration or other information you submit via our website.

You acknowledge that you are solely responsible for maintaining the confidentiality of your account password and that you (and not us) will be responsible for any loss resulting from any unauthorized use of your account or access to your content. You agree to immediately notify us of any unauthorized use of your account.

 

Disclaimer Regarding Third Party Content

This website may offer access to third-party websites and content available over the Internet. MutualONE generally exercises no control over such third-party websites and content. You agree that it is your responsibility to review and evaluate any such content and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the terms of use and privacy policies posted on these third-party websites.

Including a link to third-party content does not imply endorsement of such content by MutualONE. You further agree that MutualONE shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any third-party websites or content.

 

Disclaimer of Warranties and Liability

THIS WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

MutualONE and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents, and service providers, shall not be liable for any (i) direct damages over CDN$100 or (ii) special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of the content or this website. MutualONE may make changes to this website or the products described therein at any time without notice. MutualONE makes no commitment to updating the information contained herein.

 

General Matters

These terms of use constitute the entire agreement between you and MutualONE regarding your use of our website, superseding any prior agreements between you and MutualONE. These terms of use and the relationship between you and MutualONE shall be governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without regard to its conflict of law provisions. You and MutualONE agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario. The failure of MutualONE to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision. If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and the other provisions of these terms of use remain in full force and effect.

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