Terms and Conditions
This website is operated by Boardwalk Insurance Corporation, a division of Oracle RMS. Throughout the site, the terms “Boardwalk”, “we”, “us” and “our” refer to Boardwalk Insurance Corporation, a division of Oracle RMS. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. This includes the Boardwalk advisory services or the online platform (the “Services”). By accessing and using the Website or Services, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately. A copy of these Terms of Use may be downloaded, saved and printed for your reference.
SECTION I: RESTRICTIONS ON USE
The Website and Services are owned and operated by Boardwalk. Any and all content, data, graphics, photographs,
images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information
including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in this
Website and Services are proprietary to Boardwalk, its affiliates and/or third-party licensors. The Content is
protected by Canadian, United States and international copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute,
display, perform, create derivative works from, transfer or sell any Content without the express prior
written consent of Boardwalk. Reproduction of multiple copies of the Content, in whole or in part, for resale
or distribution is strictly prohibited except with the prior written permission of Boardwalk. To obtain written
consent for such reproduction, please contact us at contact@myboardwalk.ca
SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current.
The material on this site is provided for general information only and should not be relied upon or
used as the sole basis for making decisions without consulting primary, more accurate, more complete or
more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and
is provided for your reference only. We reserve the right to modify the contents of this site at any time,
but we have no obligation to update any information on our site. You agree that it is your responsibility to
monitor changes to our site.
SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof)
without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or
discontinuance of the Service.
SECTION 4 - MARKETING OFFERS
In connection with your use of the Website or Services, we may send you marketing offers about third
party financial products and/or services that may be of interest to you (“Third Party Offers”).
You understand and agree that Boardwalk is simply providing you with information on Third Party Offers
that may be of interest to you, and that Boardwalk has no control over or responsibility for the Third
Party Offers or any loss that you may suffer as a result of the use of such Third Party Offers. You use
your own judgment and obtain any expert advice you consider necessary prior to entering into an
arrangement with a third party.
SECTION 5 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos contained therein
(the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair competition laws of the
United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only.
Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or
Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the
Site and to download or print a copy of any portion of the Content to which you have properly gained
access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you
in and to the Site, the Content and the Marks.
SECTION 6 - USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
SECTION 7 - PROHIBITED ACTIVITIES
1. Systematically retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Use the Site to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any
Content or enforce limitations on the use of the Site and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the Site.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or
using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to harass, abuse, or harm another person.
14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content
for any revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Site.
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any
portion of the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. Delete the copyright or other proprietary rights notice from any Content.
19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or
other code.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting of repetitive text),
that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that accesses the Site, or using or launching any
unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. Use the Site in a manner inconsistent with any applicable laws or regulations.
SECTION 8 - USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials
to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and through third-party websites.
As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby represent and warrant that:
the creation, distribution, transmission, public display, or performance, and the accessing, downloading,
or copying of your Contributions do not and will not infringe the proprietary rights, including but not
limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
you are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions
in any manner contemplated by the Site and these Terms and Conditions.
you have the written consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these
Terms and Conditions.
your Contributions are not false, inaccurate, or misleading.
your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us).
your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
your Contributions do not advocate the violent overthrow of any government or incite,
encourage, or threaten physical harm against another.
your Contributions do not violate any applicable law, regulation, or rule.
your Contributions do not violate the privacy or publicity rights of any third party.
your Contributions do not contain any material that solicits personal information from anyone
under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
your Contributions do not violate any federal or state law concerning child pornography, or
otherwise intended to protect the health or well-being of minors;
your Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
your Contributions do not otherwise violate, or link to material that violates,
any provision of these Terms and Conditions, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms and Conditions
and may result in, among other things, termination or suspension of your rights to use the Site.
SECTION 9 - MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.
You shall not:
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the
application;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work
from the application;
(3) violate any applicable laws, rules, or regulations in connection with your access or use
of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavor, commercial enterprise,
or other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or
use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website or to send any unsolicited
commercial e-mail;
(9) use any proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store
or Google Play (each an “App Distributor”) to access the Site:
(1) the license granted to you for our mobile application is limited to a non-transferable
license to use the application on a device that utilizes the Apple iOS or Android operating
systems, as applicable, and in accordance with the usage rules set forth in the applicable
App Distributor’s terms and conditions;
(2) we are responsible for providing any maintenance and support services with respect to the
mobile application as specified in the terms and conditions of this mobile application license
contained in these Terms and Conditions or as otherwise required under applicable law, and you
acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and
support services with respect to the mobile application;
(3) in the event of any failure of the mobile application to conform to any applicable warranty,
you may notify the applicable App Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid for the mobile application,
and to the maximum extent permitted by applicable law, the App Distributor will have no other
warranty obligation whatsoever with respect to the mobile application;
(4) you represent and warrant that (i) you are not located in a country that is subject
to a U.S. government embargo, or that has been designated by the U.S. government as a
“terrorist supporting” country and (ii) you are not listed on any U.S. government list
of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when using the
mobile application, e.g., if you have a VoIP application, then you must
not be in violation of their wireless data service agreement when using the mobile application;
6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the
terms and conditions in this mobile application license contained in these Terms and Conditions,
and that each App Distributor will have the right (and will be deemed to have accepted the right)
to enforce the terms and conditions in this mobile application license contained in these Terms
and Conditions against you as a third-party beneficiary thereof.
SECTION 10 - SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have
with third-party service providers (each such account, a “Third-Party Account”) by either:
(1) providing your Third-Party Account login information through the Site; or (2) allowing us
to access your Third-Party Account, as is permitted under the applicable terms and conditions
that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account, without breach by you of
any of the terms and conditions that govern your use of the applicable Third-Party Account, and
without obligating us to pay any fees or making us subject to any usage limitations imposed by the
third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access,
make available, and store (if applicable) any content that you have provided to and stored
in your Third-Party Account (the “Social Network Content”) so that it is available on and
through the Site via your account, including without limitation any friend lists and (2)
we may submit to and receive from your Third-Party Account additional information to the
extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings
that you have set in such Third-Party Accounts, personally identifiable information
that you post to your Third-Party Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to
such Third-Party Account is terminated by the third-party service provider, then Social Network Content
may no longer be available on and through the Site. You will have the ability to disable the connection
between your account on the Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to,
for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party
Account and your contacts list stored on your mobile device or tablet computer solely for purposes
of identifying and informing you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account by contacting us
using the contact information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained through such Third-Party
Account, except the username and profile picture that become associated with your account.
SECTION 11 - COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material
available on or through the Site infringes upon any copyright you own or control, please
immediately notify us using the contact information provided below (a “Notification”). A copy
of your Notification will be sent to the person who posted or stored the material addressed in
the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to
by the Site infringes your copyright, you should consider first contacting an attorney.]
SECTION 12 - DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF
ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SECTION 13 - LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 14 - INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,
and all of our respective officers, agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any
third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these
Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms
and Conditions; (5) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other user of the Site with
whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
SECTION 15 - USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the
Site, as well as data relating to your use of the Site. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data,
and you hereby waive any right of action against us arising from any such loss or corruption
of such data.
SECTION 16 - ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications.
You consent to receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding
use of the Site, please contact us at:
Boardwalk Insurance Corporation
100 Drumlin Cir #101, Concord, ON L4K 3E5
416-477-9771