Legal

Terms of Use

The terms, conditions and guidelines associated with use of the Nomadz™ travel and security services (the "Services") provided by World Travel Protection Canada Inc. ("WTP") to you through a web site operated by WTP or any other site or platform through which the Services are provided, including that provided on the RIM BlackberryR device (collectively, the "Site"), use of the Site and use of any content (collectively "Content") available on the Site are set forth in this Terms of Use Agreement ("TOU"). Please read this TOU carefully before you use the Services or the Site. By using the Services or the Site you agree to abide by the terms, conditions, and guidelines set forth in this TOU.

Except as is provided in WTP's privacy policy (which may be found at www.getnomadz.com), WTP may update or change this TOU from time to time without notice. Such changes will be effective on the date that such modified TOU is posted on the Site, which is located at www.getnomadz.com.  USE OF THE SITE OR SERVICES AFTER SUCH CHANGES HAVE TAKEN EFFECT CONSTITUTES ACCEPTANCE OF ALL CHANGES.

Please also note that if WTP determines at any time that you have abused or violated any of these terms, conditions and guidelines, WTP reserves the right to terminate your access to the Site and Services.

User Name, Password, and Security

You are responsible for maintaining the confidentiality of your user name and password, and you are solely responsible for all activities that occur under your user name and password. You agree to immediately notify WTP of any unauthorized use of your user name or Password or any other breach of security related to the Site. WTP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.

Eligibility

The Nomadz™ Services and the Site are available only to individuals who can form legally binding contracts under applicable law and who are employees or authorized representatives of entities that have entered into a subscription or service agreement with WTP. Without limiting the foregoing, the Services and the Site are not available to minors. If you do not qualify, you may neither use the Nomadz™ Services nor the Site.

Privacy

WTP knows how important privacy is to its customers and is committed to honoring the privacy of its Site users. You can review WTP's privacy policy, which is incorporated by reference into this TOU, at www.getnomadz.com.

Links to Third-Party Sites

Some of the links on the Site may allow you to leave the Site. Third-party sites to which the Site may link ("Third-Party Linked Sites") are not in any way under WTP's control, and WTP DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR YOUR USE OF SUCH SITES OR FOR ANY INFORMATION, CONTENT, COMMUNICATIONS, SERVICES, GOODS OR OTHER MATERIALS AVAILABLE ON SUCH THIRD-PARTY LINKED SITES OR FOR ANY CHANGES OR UPDATES TO SUCH SITES. Absent express language to the contrary, WTP does not intend links contained on the Site to be referrals to, or endorsements of, any Third-Party Linked Site or the entities that operate them, and such links are provided for convenience only.

Assumption of Risk

YOU AGREE THAT YOU USE THE SERVICES, THE SITE AND/OR ANY THIRD PARTY LINKED SITE AT YOUR OWN RISK. YOU FURTHER UNDERSTAND AND AGREE THAT WTP DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OF THE SERVICES OR OF ANY INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED USING THE SITE, ANY THIRD PARTY LINKED SITE,  OR THE SERVICES.

General

THE SERVICES, THIS SITE, ALL THIRD PARTY LINKED SITES, AND ALL SERVICES, PRODUCTS, CONTENT AND MATERIALS PROVIDED IN OR OBTAINED FROM ACCESSING OR USING THE SITE, ANY THIRD-PARTY LINKED SITE OR THE SERVICES, ARE PROVIDED TO YOU ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION, CONDITION OR WARRANTY WHATSOEVER,  WHETHER EXPRESS, IMPLIED OR STATUTORY, AND YOUR USE OF SUCH SITES, SERVICES, PRODUCTS, CONTENT AND MATERIALS IS AT YOUR OWN RISK. NEITHER WTP NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY AND  ALL REPRESENTATIONS CONDITIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, ARE DISCLAIMED INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NEITHER WTP NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY THAT YOUR ACCESS TO AND USE OF THE SERVICES AND THIS SITE WILL BE (1) UNINTERRUPTED OR ERROR-FREE, (2) FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) SECURE, OR (4) AVAILABLE AT ANY TIME OR FROM ANY LOCATION.  NEITHER WTP NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, MAKES ANY WARRANTY OR REPRESENTATION REGARDING (1) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE SITE, (2) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE SITE, OR (3) THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SERVICES OR THE SITE.

Limitation of Liability

IN NO EVENT WILL WTP, ANY OF ITS PARTNERS, PROVIDERS, AFFILIATES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL,  COMPENSATORY, OR PUNITIVE DAMAGES OF ANY KIND OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE FURNISHING, USE, INABILITY TO USE, OR THE PERFORMANCE OF USE OF THE SERVICES AND THIS SITE, THE SERVICES AVAILABLE ON THIS SITE, ANY THIRD PARTY LINKED SITES, THE MATERIALS OR INFORMATION CONTAINED AT THIS SITE.  THE FOREGOING LIMITATIONS OF LIABILITY CONSTITUTE A FUNDAMENTAL BASIS OF THIS TOU AND WTP WOULD NOT HAVE PERMITTED YOU TO USE THIS SITE OR THE SERVICES ABSENT SUCH LIMITATIONS. IN NO EVENT SHALL THE LIABILITY OF THE COVERED PARTIES EXCEED THE FEE PAID BY THE SUBSCRIBER TO WTP UNDER THIS AGREEMENT FOR THE 12 MONTH PERIOD FOLLOWING THE EVENT OR LOSS COMPLAINED OF.

Prohibited Uses

As a user of the Services and this Site, you agree to use the Services and the Site only for lawful purposes. Use of the Services or the Site for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services or the Site to:

1. Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;
2. Harass others by "mail-bombing" or "news-bombing";
3. Threaten, harass, defame, embarrass or distress any other person or group;
4. Distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner's consent;
5. Use "auto-responders," "cancel-bots," or other similar mechanisms that generate excessive network traffic;
6. Post or send any unlawful, harmful, defamatory, libelous, pornographic, obscene, vulgar or similarly tortious or otherwise objectionable material;
7. Post, send or relay any unsolicited advertising;
8. Post or send any chain letters or pyramid schemes;
9. Post or send any fraudulent or misleading offers of products, items, loans, or other services;
10. Post any misleading, inaccurate or fraudulent information;
11. Post any junk emails;
12. Post any duplicative or unsolicited messages;
13. Harvest or otherwise collect information about others, including email addresses, without their consent;
14. Create a false identity or forged email address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; or
15. Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Site through login password mining or any other means.

Termination

WTP may terminate the Services and access to this Site at any time without notice in its sole discretion. In the event of a termination, the Assumption of Risk, General Disclaimer, Limitation of Liability, Prohibited Uses, Proprietary Rights, Indemnity, Applicable Laws, and General Terms Sections set forth in this TOU shall survive. Users who violate this TOU may additionally incur criminal and/or civil liability. WTP may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with their investigations of any suspected civil or criminal violations.

Proprietary Rights Software.

You acknowledge and agree that the Services and any WTP software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. WTP grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer and/or a single personal mobile communication device (eg. BlackberryR) solely for the purpose of accessing the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by WTP for use in accessing the Services.  You further agree that access to the Services is for personal purposes only and not for the use of, or distribution to, third parties.

Trademarks

The trademarks appearing on the Site, including those of WTP, are the property of their respective owners. WTP's trademarks may be used only with the express written permission of WTP. The design and layout of the Site, and all other Websites owned, operated, licensed, or controlled by WTP or its affiliates are protected as trade dress or other proprietary rights and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from the Site may be copied or retransmitted unless expressly permitted by WTP Other product and company names mentioned on the Site may be the trademarks of their respective owners.

Copyright

All materials on the Site are copyrighted and are protected under applicable law, as well as international treaties and the copyright laws of other countries. Except as expressly provided in the subscription or service agreement governing your use of the Nomadz™ Services, WTP's materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without WTP's express written permission.

General

You may create a bookmark in your browser to the home page of the Site. Otherwise, you may not create a link to the Site without our prior written approval. All rights not expressly granted in this TOU are reserved to WTP. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by this TOU.

WTP Information Provider

A number of data providers are used to deliver the information provided through the Nomadz™ Services.  One of these is the Public Health Agency of Canada's Global Public Health Intelligence Network (GPHIN) who rely on news providers, including Al Bawaba and Factiva for their information.  Although reasonable efforts are taken to ensure that information provided on the Site and in connection with the Services is current and as accurate as possible, such information is provided without verification and you should, where possible, verify it prior to its use.

Indemnity

You agree to indemnify, defend at your expense and hold harmless WTP, its telecommunications providers, service and content providers and their respective subsidiaries, affiliates, officers, directors, employees, consultants and agents from any and all claims, and any and all liability, damages and costs (including, but not limited to, legal fees) arising from or relating to (i) your access to or use of the Services and this Site, (ii) any content you post, email, transmit, or relay either to WTP or by use of the Services or the Site, (iii) your violation of the TOU, (iv) your alleged infringement of any intellectual property or other right of any person or entity, or (v) any claim arising due to the absence or unavailability of cell phone, wireless data or other wireless communication services including Global Positioning Satellite, (GPS), or assisted GPS services through network carriers, the absence of unavailability of which may interfere with, prevent or delay the timely provision of some or all of the Services stated herein.

Notice

All notices to a party shall be in writing and shall be made either via email or  mail. Notice shall be deemed given 24 hours after an email that is not returned to the sender is sent, or 3 days after deposit in the mail, to you at the address provided by you upon registration and to WTP at the address set forth below:

WTP Canada, Inc.
400 University Avenue, 15 Floor
Toronto, Ontario  M5E 1W5
Canada

Changes to Site and Services

WTP reserves the right to change, suspend or discontinue any aspect of the Services and this Site at any time, including the availability of any of the Site features, delivery services, databases or content. WTP may also impose limits on features or restrict access to parts of the Site.

Applicable Laws

Both you and WTP agree that the laws of the Province of Ontario and the federal laws of Canada, without regard to the conflicts of laws principles thereof, will govern all matters relating in any way to this TOU or to your use of the Services and the Site. WTP makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from outside the Province of Ontario do soon their own initiative and are responsible for compliance with local laws.

This TOU is personal to you, and you may not assign your rights or obligations to anyone.

General Terms

If any provision(s) of the TOU is found to be contrary to law, then such provision(s) shall be severed and this TOU shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. WTP's failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. The TOU constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOU will be effective only if unambiguously made in writing and signed by WTP.

WTP, and Nomadz  are trademarks owned by WTP.
All rights reserved. © 2006 WTP Canada, Inc.