Limited License and Copyright. Subject to the terms and conditions set forth in this Agreement, Genworth Canada grants you a non-exclusive, non-transferable, limited right to access, use and view the Sites, and the Materials, and to view and download the Materials, only in connection with the products and services described by Genworth Canada.
This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions: a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; b) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; c) you may not transfer the Materials to any other person without Genworth Canada’s written consent; and d) you may not print or copy any of the HTML or other computer programs that are viewable at the Sites. You agree to abide by all additional restrictions displayed on the Sites as it may be updated from time to time. The Sites, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Sites and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Genworth Canada does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of Genworth Canada or any direct or indirect affiliate thereof.
Trademarks. The product names, company names and logos of Genworth Canada or any affiliate used on the Sites may be trademarks including registered trademarks of Genworth Canada or an affiliate. Such product names, company names and logos of Genworth Canada and its affiliates may not be copied, imitated or used, in whole or in part, without the prior written consent of Genworth Canada or such affiliate. Other product and company names mentioned on the Sites may be the trademarks of their respective owners.
Reservation of Rights. Genworth Canada and its affiliates' products, services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. Genworth Canada and its affiliates reserve all such rights.
Software. Any software, including calculator software, as well any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through the Sites is the copyrighted work of Genworth Canada, its affiliates and/or their suppliers. You are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on the Sites. Except as permitted by law, you may not use the Software for any other purpose and may not distribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the Software.
Termination. Genworth Canada may terminate all rights and licenses contained herein and, upon such termination, you shall immediately destroy all Materials and Software.
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Investor Relations Information. All information on the Sites provided by Genworth Canada is provided for informational purposes only. Genworth Canada does not warrant the accuracy of such information after the date of posting.
Stock Quotes. Stock quotes are provided by Thomson Reuters (Markets) LLC and are delayed at least 20 minutes. Data and information is provided for informational purposes only, and is not intended for trading purposes. Genworth Canada shall not be liable for any errors or delays in the Materials, or for any actions taken in reliance thereon..
Press Releases. All press releases on the Sites provided by Genworth Canada are provided for informational purposes only. Genworth Canada does not warrant the accuracy of such press releases after the date of posting.
Archived Audio Webcast. All audio webcasts on the Sites provided by Genworth Canada are provided for informational purposes only. Genworth Canada does not warrant the accuracy of such audio webcasts after the date of posting.
Forward Looking Information. Certain statements posted on the Sites contain forward-looking information within the meaning of applicable securities laws ("forward-looking statements"). When used in this website, the words “may”, “would”, “could”, “will”, “intend”, “plan”, “anticipate”, “believe”, “seek”, “propose”, “estimate”, “expect”, and similar expressions, as they relate to Genworth Canada, are intended to identify forward-looking statements. Specific forward-looking statements in this document include, but are not limited to, statements with respect to Genworth Canada’s expectations regarding the effect of the Canadian government guarantee legislative framework, the impact of any proposed guideline changes by OSFI, and the effect of changes to the government guarantee mortgage eligibility rules, and Genworth Canada’s beliefs as to housing demand and home price appreciation, unemployment rates, Genworth Canada’s future operating and financial results, sales expectations regarding premiums written, capital expenditure plans, dividend policy and the ability to execute on its future operating, investing and financial strategies. The forward-looking statements contained herein are based on certain factors and assumptions, certain of which may appear proximate to the applicable forward-looking statements contained herein. Inherent in the forward-looking statements are known and unknown risks, uncertainties and other factors beyond Genworth Canada’s ability to control or predict, that may cause the actual results, performance or achievements of Genworth Canada or developments in Genworth Canada’s business or in its industry, to differ materially from the anticipated results, performance, achievements or developments expressed or implied by such forward-looking statements. Actual results or developments may differ materially from those contemplated by the forward-looking statements.
This is not an exhaustive list of the factors that may affect any of Genworth Canada’s forward-looking statements. Further information regarding these and other risk factors is included in Genworth Canada’s public filings with provincial and territorial securities regulatory authorities (including Genworth Canada’s Annual Information Form) and can be found on the SEDAR website at www.sedar.com. Genworth Canada cautions you not to place undue reliance upon any such forward-looking statements, which speak only as of the date they are made. Forward-looking statements are based on management's current plans, estimates, projections, beliefs and opinions and assumptions related to these plans, estimates, projections, beliefs and opinions may change. Genworth Canada does not undertake to publicly update or revise any forward-looking statements or information, except as required by applicable laws.
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Disclaimer and Limitation of Damages
The Materials and information accessible through the Sites may contain inaccuracies and typographical errors. Genworth Canada, its affiliates and / or their suppliers make no representations or warranties about the accuracy or completeness of the Materials or information accessible through the Sites, or the reliability of any advice, opinion, statement or other information displayed or distributed through the Sites. You acknowledge that any reliance on any of the foregoing shall be at your sole risk. Genworth Canada reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Sites. Genworth Canada may make any other changes to the Sites, the Materials and the products, services, programs or prices (if any) described on the Sites at any time without notice or liability. The products and services of Genworth Canada are subject to the terms and conditions of the agreements governing their use.
The Sites, the Materials and information accessible through the Sites and the Software are provided "as is" without any representation or warranty, express or implied, of any kind, and Genworth Canada, its affiliates and their suppliers hereby disclaim all warranties and conditions with regard thereto, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise at law, or from a course of dealing or use of trade. Genworth Canada does not warrant that the Sites will operate without interruptions or that it will be error free.
In no event shall Genworth Canada, its affiliates and / or their suppliers be liable for any direct, indirect, incidental, consequential, punitive, exemplary, reliance, special or other damages (including, without limitation, damages for harm to business, lost profits, lost savings or lost revenues, business interruption, loss of information or programs or other data on your information handling system) related to the use of, or the inability to use, the Sites, its contents or Materials available from the Sites, or any information, Software, products and services obtained through the Sites, or functions of the Sites or any linked website, whether or not any of Genworth Canada, its affiliates and / or their suppliers has been advised of the possibility of such damages.
The limitations of liability and disclaimers herein contained apply regardless jurisdiction or of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
Notwithstanding the foregoing, because some jurisdictions do not allow exclusions of implied warranties or conditions or limitations of liability for direct, indirect, consequential, incidental or other types of damages, the above exclusions or limitations may not apply, or may only partially apply, to you.
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- not to use the Sites in any manner which could damage, disable, overburden or impair the Sites;
- not to interfere with the security of, or otherwise abuse, the Sites, or any services, system resources, accounts, servers or networks connected to or accessible through the Sites or affiliated or linked sites;
- not to disrupt or interfere with any other person's use and enjoyment of the Sites or affiliated or linked sites;
- not to upload, post or otherwise transmit on the Sites any viruses or other harmful, disruptive or destructive files or computer programs;
- not to use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at the Sites;
- not to use or attempt to use another's account, service or system without authorization from Genworth Canada, or create or use a false identity on the Sites;
- not to transmit on the Sites from or anything created by the Sites any spam, chain letters, junk mail or any other type of unsolicited mass e-mail; and
- not to attempt to obtain unauthorized access to the Sites or portions of the Sites which are restricted from general access.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted to or for your account, and that you will comply with all applicable laws that relate to your use or activities on the Sites, including but not limited to, Canada’s Anti-Spam Legislation.
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On-line Communities and Other Interactive Areas
To the extent that the Sites contains bulletin boards, chat rooms, or other message or communication facilities, you agree to use such forums only to send and receive messages and materials that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a forum, you will not post or otherwise disseminate on or through the Sites harassing, defamatory, libellous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; will not advertise or offer to sell or buy any goods or services for any commercial purpose unless such forum specifically allows such messages; will not conduct or forward surveys, contests, pyramid schemes or chain letters; and will not harvest or otherwise collect information about others, including e-mail addresses, without their consent. Genworth Canada does not have any obligation to monitor the content of its bulletin boards, chat rooms, or other message or communication facilities. However, Genworth Canada reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post, remove any information or materials, in whole or in part, and prevent further access to the Sites to persons that in Genworth Canada's sole discretion are objectionable or in violation of these Terms and Conditions.
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Links and Third Party Content
As a convenience to you, Genworth Canada may provide, on the Sites, links to websites operated by other entities. If you use these sites, you will leave the Sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Genworth Canada makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked third party sources. Links do not imply that Genworth Canada or the Sites sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Genworth Canada or any of its affiliates.
The Sites may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in on-line community discussions. You agree that Genworth Canada shall not have any liability whatsoever to you for any such third party material, data or information.
All links to the Sites must be approved in writing by Genworth Canada.
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Information Provided by You
Genworth Canada does not want you to, and you should not, send any confidential or proprietary information to Genworth Canada via the Sites. The security of the Sites is by no means guaranteed and you agree that any information or materials that you or individuals acting on your behalf provide to Genworth Canada via the Sites is sent at your own risk and will not be considered confidential or proprietary. By providing any such information or materials to Genworth Canada, you grant to Genworth Canada and its affiliates an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display or perform (including display or perform in public), communicate to the public, modify, adapt, transmit and distribute such information and materials in any form, with the right to grant sub-licenses, and you also agree that Genworth Canada and its affiliates are free to use any ideas, concepts, know-how or techniques that you or individuals acting on your behalf provide to Genworth Canada for any purpose. You further recognize that Genworth Canada does not want you to, and you warrant that you will not, provide any information or materials to Genworth Canada that are harassing, defamatory, libellous, tortious, offensive, threatening, obscene or otherwise unlawful, or that incorporates the proprietary or confidential material of another person or entity.
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On-line Application Pages
If you are interested in requesting our products or services, please visit our application pages when they become available. Those pages will provide details on how to proceed. Please note that the application pages and the other pages of the Sites are not an offer by Genworth Canada to sell or to provide any products or services or any form of credit facilities whatsoever.
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International Users and Choice of law
The Sites is controlled, by Genworth Canada from its offices within Canada. Neither Genworth Canada nor any of its affiliates makes any representation or warranty that materials at the Sites are appropriate or available for use at any locations outside Canada and access to them from territories outside of Canada is prohibited. If you access the Sites from outside Canada, you are responsible for compliance with all local laws. You may not export any of the Materials accessible through the Sites in violation of applicable export laws and regulations. These Terms and Conditions are governed by the laws of the province of Ontario, Canada (without regard to its conflicts of law rules). You consent to the exclusive jurisdiction and venue of Ontario courts in case of any dispute connected with the Sites or these Terms and Conditions.
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These Terms and Conditions constitute the entire agreement between Genworth Canada and you with respect to the subject matter hereof. Any cause of action you may have with respect to your use of the Sites or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
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