Terms and Conditions of Use


By accessing or using the Whiplashfactor.com website (“Website”), or by purchasing or using products and/or services offered by Whiplashfactor or its suppliers through this Website, Website visitors (“You” or “Your”) are indicating Your acknowledgment and acceptance of these terms and conditions of Website use (“Terms”). If You do not agree to these Terms or any changes to these Terms, please immediately discontinue Your use of the Website.

These Terms do not affect Your statutory rights as a purchaser of goods from the Website.

Use of Website. Whiplashfactor authorizes You to view and use the materials on this Website including text, pictures, graphics, audio or video clips, software and any other information (“Materials”) only for your personal, non-commercial use provided that: (i) You do not remove any copyright or other proprietary notices contained in the Materials from any copies of the Materials; and (ii) You abide by all applicable laws and comply with all requirements identified in these Terms, and such additional terms and conditions that may be provided to You during use. You agree: (i) to review and abide by these Terms; and (ii) that the Website and the Materials are made available to You on an “as-is” basis and that You assume all risk associated with the use of the Website and the Materials. You may not modify the Materials in any way or reproduce or publicly display, perform, distribute or otherwise use the Materials or any part thereof for any public or commercial purposes. Any use of the Materials on any other website, electronic device or networked computer environment for any purpose is strictly prohibited.

Intellectual Property. The Whiplashfactor name and any logos appearing on the Website or in conjunction with the delivery of any services are trade-marks of Whiplashfactor (or its licensors). The Materials are proprietary and are exclusively owned by Whiplashfactor (or its licensors) and any unauthorized use, reproduction or distribution of any Materials stored or available through this Website may violate copyright, trade-marks, patents or other intellectual property rights or applicable laws and is strictly prohibited. If You breach any of these Terms, Your authorization to use this Website automatically terminates and You must immediately cease using this Website and destroy any downloaded or printed Materials or any other Materials derived from the use of this Website, which contain intellectual property of Whiplashfactor (or its licensors).

Royalty-free License. By accessing this Website via the Internet, You grant to Whiplashfactor, subject to the Terms and Conditions of Whiplashfactor’s Privacy Policy (see below), a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of and or publicly display any materials and other information, suggestions or ideas You submit or post to the Website in any medium. You agree that You shall have no recourse against Whiplashfactor or any sub-licensor for any alleged or actual infringement or misappropriation of any proprietary right in Your communications to Whiplashfactor through or using the Website.

Illegal Usage Prohibited. You shall not use Whiplashfactor’s Website or Materials to post, transmit, upload, distribute or publish any content that is libelous, seditious, defamatory, blasphemous, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of Whiplashfactor. You agree to comply with all applicable local, provincial, federal and international laws, regulations and treaties while using this Website. In addition to complying with these Terms as modified from time to time, You agree to comply with generally accepted Internet standards and shall refrain from any abusive use of this Website.

Harassment Prohibited. It is prohibited to use the Website in any manner to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity. This prohibition extends to any comment or conduct that is vulgar, hateful, racially or ethnically offensive, or otherwise objectionable. Furthermore, any message or conduct that is repeated after warning or notification is given that such conduct is unwelcome constitutes harassment.

Advertising Prohibited. It is prohibited to use the Website to post any advertising or promotional materials.

Privacy. The collection of any identifiable information about an individual (“Personal Information”) through this Website is done only with the consent of the individual and in accordance with the Whiplashfactor Privacy Policy, which forms part of these Terms. We may use the email address provided at the time of registration to communicate with our customers regarding any scheduled account maintenance or changes to the service. We urge You to review this policy.

Network Security. Whiplashfactor provides You with products and services through the networks of other telecommunications providers and through other suppliers and third parties. Your use of this Website and/or the products and services of Whiplashfactor and the equipment, facilities and services of third party suppliers is at Your own risk. Whiplashfactor assumes no responsibility for the security of Your facilities or networks or for unauthorized access to such networks or facilities. In all cases, You are responsible for determining and establishing secure network access configurations. Whiplashfactor, its partners, affiliates and third party suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers shall not be liable for any inability, failure or mistake related to any security breach or identification of such breach or any loss that results from the transmission of confidential or sensitive information over the Internet. Whiplashfactor and its suppliers make no commitments with respect to the recoverability of lost data.

Links to Other Websites. Links to third party websites on this Website are provided solely as a convenience to You. If You use these links, a new window will be launched to access linked websites. Whiplashfactor has not reviewed these third party websites, does not control and is not responsible for any of these websites or their content. Whiplashfactor does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If You decide to access any of the third party websites linked to this Website, You do this entirely at Your own risk.

Termination. You acknowledge and agree that Whiplashfactor, in its sole and absolute discretion, may, without notice to You, suspend or terminate Your use of, or access to the Website or any services and remove and discard any related Materials for any reason, including where Whiplashfactor believes that You have violated any of these Terms. You agree that Whiplashfactor shall not be liable to You or to any other person as a result of any such suspension or termination. If You are unsatisfied with any of these Terms, please discontinue using the Website.

Disclaimer. You acknowledge that You are using this Website including its Materials at Your own risk. Whiplashfactor and its partners, affiliates and suppliers do not guarantee error-free or uninterrupted operations of the Website. The products, services and information provided at this Website are provided “as is” without any warranties of any kind including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property. Whiplashfactor and its suppliers do not warrant the accuracy and completeness of the Materials available on or through this Website. The Materials on this Website may be out of date, and Whiplashfactor makes no commitment to update the Materials. Information published on this Website may refer to products, programs or services that are not available in your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to You.

Indemnification. You shall indemnify and forever save harmless Whiplashfactor, its partners, affiliates and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities, (including legal fees) which may be incurred by reason of or in connection with Your use of this Website.

Limitation of Liability. You agree that in no event will Whiplashfactor, its partners, affiliates and suppliers and each of their respective directors, officers, employees, consultants, agents, representatives and suppliers be liable to You for any direct, indirect, special, consequential or punitive damages (including, without limitation, those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, reliance, or the results of this Website (including the products, services, Materials or information contained on this Website and/or other linked websites), whether based on warranty, contract, tort or any other legal theory and whether or not Whiplashfactor is advised of the possibility of such damages.

Applicable Laws. These Terms and Conditions including Whiplashfactor’s Privacy Policy shall be governed 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 over all disputes relating to the use of these Terms. You agree to submit to the jurisdiction and venue of such courts and that they are appropriate.

Revision of Terms. Whiplashfactor may revise these Terms andConditions at any time by updating this Website. Any changes will be effective upon the posting of the revisions on the Website and Your use of the Website will be subject to the most current version of the Terms posted on the Website at the time of such use. You should visit these Termsand Conditions from time to time to review the then-current terms and conditions in effect because they are binding on You and Your continued use of the Website signifies Your acceptance of any such revised Terms and Conditions. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

Entire Agreement. These Terms and Conditions together with the Whiplashfactor Privacy Policy constitute the complete and entire agreement between You and Whiplashfactor pertaining to the use of the Website, whether written or oral.

Waiver. Whiplashfactor will not be considered to have waived any of its rights or remedies described in these Termsand Conditions unless the waiver is in writing and signed by Whiplashfactor. No delay or omission by Whiplashfactor in exercising its rights or remedies will impair or be construed as a waiver of its right to enforce such rights at any time.