Back to top

Terms of Use

TERMS OF USE

Day & Ross Inc. – Website Legal Notices – User Agreement

Welcome to this Day & Ross-operated website!

We have designed our websites to be useful, informative and fun. We hope we have succeeded — and we hope you will let us know how we can make them even better.

All we ask in return is that you abide by the Terms and Conditions that follow. Please read them carefully, because by using our websites you agree to them. If you do not agree to them, please do not use our websites.

Limited License 

Except as expressly provided below, you agree not to reuse material from www.dayross.ca or from any other websites operated by Day & Ross.  

In particular, you agree not to copy, distribute, republish, upload, post or transmit anything unless you receive Day & Ross’ written consent first. The only exceptions are as follows:

As a member of the public, Day & Ross grants to you a limited license to display on your computer, print, download and use the underlying HTML text, audio clips, video clips and other content that is made available to you on our websites, for personal, informational, non-commercial purposes only, provided that:

  1. You do not modify or misrepresent any such content.
  2. You include with, do not delete or change and display on each copy of such content the associated copyright, trademark or other proprietary notices and this limited license.

You may not distribute, publish, transmit, reuse, re-post or use the content of the websites for public or commercial purposes, including, without limitation, the text, audio clips, video clips, images and other content that is made available to you on our websites.

We retain full and complete title to the software and to all of the associated intellectual property rights. You are not permitted to redistribute or sell the material — or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use. Normal exceptions regarding the reproduction and redistribution of content authorized for release to the media apply.

You agree that you will not use any Day & Ross content in a way that suggests any association, affiliation or endorsement between you or your products and those of Day & Ross. Specifically, it is prohibited to create frames around any part of any of our websites or use other techniques that alter the visual presentation of our websites.

No rights are granted with respect to Day & Ross trademarks. Any unauthorized use of Day & Ross trademarks is strictly prohibited. We will actively enforce our rights.

Prohibited Uses

No other use is permitted. For example, without the prior written consent of Day & Ross, you may not, nor may you allow others to, directly or indirectly:

  1. Remove, from any copy of the content on our websites, the copyright or other proprietary notices contained in the content on our websites.
  2. Sell, modify or attempt to modify the content of our websites in any way or reproduce or publicly display, perform or distribute or otherwise provide access to or use any content on our websites for any public, commercial or non-educational or non-personal purpose, including, without limitation, use to advertise or solicit business or use of the content on any other website.
  3. Transfer any of the content on our websites to any other person.
  4. Except as expressly permitted in the limited license described above, print or copy any of the HTML or other computer software that is accessible at our websites.
  5. Use our websites in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of or otherwise abuse our sites or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through our websites (including without limitation uploading, posting or otherwise transmitting on our sites computer viruses, Trojan horses, worms or other files or computer programs that are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on our websites’ infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from our websites or the content on our websites in whole or in part).
  6. Use or attempt to use another's account, password or other information in connection with our websites; create or use a false identity on our websites or impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; attempt to obtain unauthorized access to our websites; or send to our websites or Day & Ross any incomplete, false or inaccurate information.
  7. Disrupt or interfere with any other person's use or enjoyment of our websites or affiliated or linked websites or any services thereof.
  8. Delete or revise any of the content posted on our websites.

Compliance with Law

You agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of content on our websites, and that you will comply with all laws that apply or may apply to your use of activities or content on our websites or in respect of the content on our websites. Day & Ross will investigate occurrences that may involve violations of such laws, and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. Day & Ross reserves the right at all times to disclose any information regarding your usage of content on our websites as necessary to satisfy any law, regulation or governmental request.

Additional Terms of Use

Certain areas of our websites may be subject to additional terms of use (including such terms as govern other programs or applications on our sites) (the "Additional Terms of Use"). You agree that by using such areas, or any part thereof, you agree to be bound by the Additional Terms of Use applicable to such areas. This User Agreement, together with the Additional Terms of Use, constitute the entire agreement between you and Day & Ross with respect to the subject matter hereof, and supersedes all communications, representations or agreements, either oral or written, between you and Day & Ross or its related companies with respect to this subject matter. In the case of any conflict between this User Agreement and the Additional Terms of Use, this User Agreement shall govern.

Jurisdiction and Choice of Law

Unless otherwise specified, the materials in our websites are presented to provide information about Day & Ross and its services.

Information on our website regarding Day & Ross services is generally accurate, but specific information may not be applicable to your country or region. Services, pricing and procedure may vary according to local regulation and preference. Not all services are offered in all regions or in the same manner. Day & Ross makes no representations that the information available on this site is accurate or that Day & Ross is or will be available to provide the Services as indicated, except where otherwise expressly stated.  If you are interested in obtaining further information as to the services Day & Ross offers, you can call or email us by clicking on the hyperlink "Contact Us" located on each page of Day & Ross websites to access our contact information.

Day & Ross controls and operates its websites from New Brunswick, Canada. If you use our websites from locations outside Canada, you are responsible for compliance with laws in your jurisdiction.

If any disputes arise between us regarding your use of our websites or these Terms and Conditions, such disputes will be resolved according to the laws of the Province of New Brunswick and the laws of Canada applicable therein, without giving effect to the principles of conflicts of law thereof. Any such dispute must be resolved before the Courts of the Province of New Brunswick, Canada, sitting in the City of Fredericton, and you hereby submit to the exclusive jurisdiction of those Courts. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

No Warranties

While we work hard to provide you with the most current and accurate information, we do not warrant that everything on our websites is error free or complete. Day & Ross does not warrant the quality, accuracy, timeliness or completeness of any claims, statements or information on our websites. Further, Day & Ross makes no representations about the suitability of any of the information contained on our websites for any purposes.

ALL INFORMATION, PRODUCTS, MATERIALS, SERVICES AND ADVICE CONTAINED IN OUR WEBSITES OR PROVIDED BY OUR WEBSITES, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, COOKIES, PRODUCTS, AND MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FURTHERMORE, DAY & ROSS DOES NOT WARRANT THAT OUR WEBSITES WILL OPERATE ERROR FREE OR THAT OUR WEBSITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL EFFECTS.

Without limiting the foregoing there are no warranties that:

  1. The material is of any particular level of merchantability or fit for a particular purpose.
  2. The functional elements contained in the materials will be uninterrupted or error free.
  3. Defects will be corrected.
  4. Our websites or the servers that make them available are free of viruses or other harmful components.

In addition to the above, you (and not Day & Ross) assume the entire cost of all necessary servicing, repair or correction resulting from your use of the Day & Ross websites.

Disclaimer: Linked Sites

We sometimes provide access to other world wide websites or programs from our websites. Day & Ross does not endorse the content or any products or services available on these sites or programs. We make no representations regarding the content or accuracy of materials on these sites or programs. If you establish a link to these sites, you do so at your own risk and without the permission of Day & Ross. Check the Uniform Resource Locator (URL) address provided in your world wide web browser to see if you are still in a Day & Ross-operated website or have moved to another website or program.

We do not claim that Day & Ross is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of Day & Ross. You agree that you will not point or link from a website directly to content within our web sites without the express prior written permission of Day & Ross. Day & Ross reserves the right to disable links from third party websites to our websites.

We may from time to time provide users of our website with access to certain specialized content and interactive services through which you are able to display or post information and materials and certain software tools that can be used for various purposes, including to play music provided by our website, to interact with other website users or to create content. These services and software, the information and materials made available through the website and all software used to make the site available are and shall remain property of Day & Ross, its related companies and their licensors and suppliers, and are protected by copyright, trademark, patent and/or other proprietary rights and laws.

Limitation of Liability

In no event shall Day & Ross, its directors, officers, agents, employees or affiliates be liable for any damages whatsoever, including special, indirect, consequential, or exemplary (punitive) damages arising out of or in connection with the use or performance of information available on our websites whether in an action in contract, tort (including but not limited to negligence) or otherwise.

These include (but are not limited to) damages or injury caused by any:

  1. Use of (or inability to use) the websites.
  2. Use of (or inability to use) any site to which you hyperlink from our websites.
  3. Failure of performance.
  4. Use of (or inability to use) any content created by a user of our website.
  5. Error.
  6. Omission.
  7. Interruption.
  8. Defect.
  9. Delay in operation or transmission.
  10. Computer virus.
  11. Line failure. 


Keep in mind that we are not liable for any damages of any kind, including:

  1. Damages intended to compensate someone directly for a loss or injury or loss of profits.
  2. Damages reasonably expected to result from a loss or injury (legally, "consequential damages”).
  3. Other miscellaneous damages and expenses resulting directly from a loss or injury (legally, "incidental damages").

Furthermore, we are not liable even if we have been negligent or if our authorized representative has been advised of the possibility of such damages — or both.

Submissions

Day & Ross will not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Accordingly, we ask that you do not send us any such materials. If, despite this request, you do submit material to us:

• All remarks, suggestions, ideas, graphics or other information that you communicate to Day & Ross through our websites (other than information we agree to protect under our Privacy Policy) become and remain our property, even if this agreement is later terminated.

This means that...

  1. We do not have to treat any such submission as confidential.
  2. We cannot be sued for using the ideas you submit (including, but not limited to, product or advertising ideas).
  3. We can use such submission, or anything similar, for any purpose without paying you or anyone else for the submission.
  4. We will have exclusive ownership of all present and future rights to submissions of every kind. You agree not to assert any ownership right of any kind in your submission (including, but not limited to copyright, trademark, unfair competition or implied contract), you assign your copyright to us and you waive your moral rights to any copyrightable work.
  5. You acknowledge that you are responsible for any submission you make — in other words, you acknowledge that you (and not we) have full responsibility for the submission, including its legality, reliability, appropriateness, originality and copyright.

Release/Indemnity

You agree to release, indemnify and hold harmless Day & Ross, its directors, officers, agents, employees and affiliates, and such other additional persons to be released and/or indemnified as identified in the terms, conditions and rules that govern specific promotions, contests or other programs on our websites (collectively referred to herein as the "Releasees") from all liability in any way relating to or arising in connection with your use of our websites including injuries, loss or damage of any kind. You acknowledge and agree that the Releasees have not made, and are not liable for, any representation, warranty or condition in respect of our websites.

Intellectual Property

Day & Ross owns the intellectual property rights in the content in all underlying programming or has obtained permission of the owner to use the content. If you submitted content to our website, you are deemed to have provided consent for us and to other users of our website to use this content. Our websites, including all content on our websites, are protected by worldwide copyright laws and treaty provisions. You acknowledge and agree that our websites and the services and software used in connection with our websites contain proprietary and confidential information that is protected by applicable intellectual property laws and that your use of our websites is personal to you and is not assignable. Any copying, reproduction, modification, publishing, transmission, distribution or other use of the content on our sites for any purpose that is not authorized under this User Agreement and for which you do not receive our prior written consent is strictly prohibited.

Our logos, product names, service names and icons (the “Day & Ross Marks”) are trademarks of Day & Ross. You agree not to display or use in any manner the Day & Ross Marks without our prior consent. The names and trademarks of companies or products referenced in our sites may be trademarks of their respective owners. Our display of these trademarks or tradenames does not convey or create any licence or other rights in these marks or names. Any unauthorized use of the Day & Ross Marks is strictly prohibited.

Termination of this Agreement

This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all Day & Ross websites, along with all related documentation and all copies and installations. You will terminate this agreement and your right to access our website if you do not agree to any change made to our website.

Day & Ross may terminate the license granted under these terms at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials and cease using our websites. Notwithstanding termination, you agree to be bound by these terms with respect to any previous use of our websites and any materials downloaded.

In addition, by providing material on our websites, we do not in any way promise that the materials will remain available to you. Day & Ross is entitled to terminate all or part of any of its websites at any time, without notice to you.

Miscellaneous Points about the Terms and Conditions of this User Agreement

Day & Ross may modify these Terms and Conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you. Changes will be effective when they are posted. Please check the Terms and Conditions frequently for updates. If any term or condition or any change is not acceptable to you, you must discontinue your use of the site immediately. Your continued use of our site after any change is posted will constitute acceptance of change. These Terms and Conditions apply only to your use of our site and not any other agreement you may have with any Day & Ross company.

These terms together with any online notices and all additional terms referred to herein constitute the entire agreement (including the Privacy Policy) regarding all the matters that have been discussed in the preceding paragraphs.

The page you are accessing is only available from a desktop or a tablet.
The page you are accessing is only available from a desktop.