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Business Wire Membership Terms and Conditions
Effective As Of March 22, 2018
These Business Wire Canada Company Membership Terms and Conditions (“Membership Agreement”) govern the membership of, and the provision
of products and services to, the company (“Company”) which has executed the membership application submitted to Business Wire Canada Company
A. License, Acknowledgements and Warranties. With respect to materials submitted by Company to Business Wire for distribution, Company
grants Business Wire the rights to distribute, display, reproduce, reformat, translate, archive, license, edit, modify and create derivative works and/or
excerpts of any such material for purposes of distributing the material as part of Business Wire's products and services (and the promotion of same).
Company warrants and represents that the content of all materials submitted to Business Wire will be accurate and original; that Company owns or is
an authorized licensee in the material provided to Business Wire for distribution; that the material will not violate or infringe upon any copyright,
trademark, or other intellectual property, proprietary, personal, privacy, or other rights worldwide of other persons; that the material does not contain
anything defamatory or any viruses, scripts, macros or programs, or links to scripts, macros or programs; and that the material complies with all
applicable laws and regulations. Company further warrants and represents that all recipients included on any distribution list provided by Company to
Business Wire have expressly consented to the provision of such list to Business Wire and to receive commercial electronic messages, including
advertising and/or promotional messages, from Company, and Company’s authorized service providers such as Business Wire, in a manner which is
compliant with all applicable laws.
Business Wire reserves the right to refuse copy deemed inappropriate or not properly sourced. Membership may be revoked for violation of this
Membership Agreement . Business Wire reserves the right to change prices and product/coverage specifications without notice.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS MEMBERSHIP AGREEMENT, BUSINESS WIRE MAKES NO, AND EXPRESSLY DISCLAIMS, ALL
OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND CONCERNING ANY PRODUCTS OR SERVICES PROVIDED BY
BUSINESS WIRE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR THAT ANY PRODUCTS OR SERVICES WILL MEET COMPANY’S
REQUIREMENTS OR EXPECTATIONS.
B. Payment Terms. Payment terms thereafter are net due upon receipt, and charges become overdue after 30 days. If the account becomes
delinquent, Company acknowledges and agrees that Business Wire may demand payment of the balance owed in full, with accrued interest according
to applicable laws and late charges, and/or suspend Business Wire’s performance hereunder until cured and/or terminate the Membership Agreement
for cause. Business Wire may terminate this Agreement or revise payment terms, effective immediately, by written notice to Company, if Company files
or has filed against it, a petition for voluntary or involuntary bankruptcy
In the event of a default on the balance owed, Company agrees to pay all costs of collection, including legal fees and costs, which are incurred by
Business Wire or its agents. In addition, Company acknowledges that any special considerations on pricing or service may be negated upon default of
C. Term. Term of membership is one year from the date of application acceptance with an automatic annual renewal for as long as Company
continues to use Business Wire services, or until such time as either party notifies the other to terminate with or without cause. This Membership
Agreement , including any revisions, remain in effect for the duration of Company’s membership.
D. Indemnity and Limitation of Liability. Company will indemnify and hold harmless Business Wire and its parent company, affiliate and subsidiary
companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Business Wire to transmit and
distribute materials, from any and all liabilities, damages, judgments, claims, costs, losses and expenses (including reasonable legal fees and costs)
arising out of or related any and all claims alleging misconduct that would amount to a breach of any of Company's representations and warranties in
the Membership Agreement.
BUSINESS WIRE SHALL NOT BE LIABLE TO COMPANY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR
EXEMPLARY DAMAGES (EVEN IF BUSINESS WIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR
RELATED IN ANY WAY TO ANY PROVISION OF THIS MEMBERSHIP AGREEMENT AND PRODUCTS AND SERVICES PROVIDED HEREUNDER
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED
PROFITS, LOST BUSINESS, LOST GOODWILL OR DAMAGE TO REPUTATION. IN NO EVENT SHALL BUSINESS WIRE BE LIABLE TO
COMPANY FOR AN AMOUNT GREATER THAN THE PAYMENTS MADE BY COMPANY TO BUSINESS WIRE FOR PRODUCTS AND SERVICES
PROVIDED PURSUANT TO THE TERMS OF THIS MEMBERSHIP AGREEMENT. Some jurisdictions do not allow the exclusion of liability for
incidental or consequential damages, so some or all of the above exclusions or limitations may not apply.
E. Force Majeure. If Business Wire is prevented or delayed in or from performing any of its obligations under the Agreement due to circumstances
beyond its control, including but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees),
technical failure, general availability of the Internet, power failure, communications failure, third party delays or failures, weather, flood, fire or explosion,
natural or local emergency, Business Wire shall not be liable for any resulting failure to provide services hereunder.
F. Online Ordering Portal. Company shall submit all requests for press release distribution and all related materials through Business Wire's online
ordering portal, “Business Wire Connect”. More information regarding Business Wire's security can be found at
https://services.businesswire.com/documents/20922/5713378/Security+Baseline+Commitment . Company acknowledges that Business Wire does not
guarantee the security of communications or data.
Membership Agreement and governs Business Wire’s collection, use and disclosure of personal information. Company acknowledges having reviewed
the Privacy Statement and agrees to its terms.
part of this Membership Agreement and governs Company’s use of the Business Wire web site. Company acknowledges having reviewed the Terms of
Use and agrees to its terms
I. Entire Agreement, Severability, Successors and Assigns. The Membership Agreement constitutes the entire agreement between the parties,
supersedes any prior agreements whether oral or in writing, and shall bind and inure to the benefit of the parties and their successors and assigns. If
any provision of the Membership Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions
shall nevertheless continue in full force without being impaired or invalidated in any way.
J. Governing Law. The Membership Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the
federal laws of Canada applicable therein. The courts of the Province of Ontario shall have exclusive jurisdiction in relation to any dispute arising under
or related in any way to this Agreement.
Business Wire is PR foundational must-have for businesses. Announcing key moment-in-time through Business Wire boosts your companies visibility to the media as well as through Google Search. Through its increased social and analytical capabilities, PR professionals can also more accurately report on Business Wire's distribution and pick up. Great first step in a solid PR strategy.
Emma C. Business Wire Member