Terms of Service - TOS Effective Date: November 15, 2014
Nov. 9, 2015 Revision

Terms of Service

ERW8STN.COM, ERW8YXE,COM, and ERW8STN.MOBI, are websites owned and operated by Great Plains Land and Entertainment Corporation, hereafter referred to as "GPLEC", a body corporate registered and authorized to do business in Saskatchewan, Canada.

These Terms of Service describe the terms pursuant to which GPLEC offers you access to this website, and its contents, by any URL, or registered domain name including but not limited to, Erw8stn.com, Erw8yxe.com, Erw8tstn.info, Clinicw8yxe.info, Clinicw8tyxe.com, Clinicw8stn.com, and clinicw8stn.info, whether or not same was consciously entered by you in your web browser, or stored by your web browser, or accessed through a link on a search engine or website, and all other websites GPLEC operates, including but not limited to Clinicw8yxe.mobi, Clinicw8stn.mobi, clinicwaitimes.com, clinicwaittimes.com, clinicwaitimes.info, and the services and tools including, but not limited to, mobile and other software applications, related to the Sites (collectively, the "Service"). These Terms of Service apply when you access, visit or use the Service and govern your ability to access GPLEC websites and the Service.

The Service is intended for users who are at least eighteen (18) years old. If you are not at least eighteen (18) years old, and are not accessing this website as agent for someone who is at least 18 years of age in order to obtain information for an injured or ill person, you agree that you will not access, visit or use the Service.

As a Service user and visitor to any website or websites GPLEC owns or operators, you are also subject to the Terms of Service listed below:

  1. Acceptance of the Terms of Service. You accept these Terms of Service, agree to be bound by these Terms of Service including its disclaimers and limitations of liability, and liquidated damages and litigation resource equalization terms, and are bound by these Terms of Service including its disclaimers and limitations of liability, and liquidated damages and litigation resource equalization terms, when you access, visit or use the Service, create an erwaitimes account - if and/or when this element of the service is created or developed, or access, visit or use any website owned or operated by GPLEC. Please read these Terms of Service carefully because they govern your access to and use of the Service and set forth legally binding terms applicable to your use of our Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, OR DO NOT WISH TO BE BOUND BY SAME, YOU SHOULD NOT ACCESS OR USE THE SERVICE, AND MUST LEAVE THE GPLEC WEBSITE YOU ARE ACCESSING OR VIEWING IMMEDIATELY, AND PRIOR TO YOUR OBTAINING ANY INFORMATION FROM SAME, SAVE AND EXCEPT THE LEGAL INFORMATION PROVIDED IN THIS TERMS OF SERVICE AGREEMENT.
  2. Purposes for which you may access the GPLEC Service. Notwithstanding any other term of this Terms of Service Agreement, unless you are a hospital providing Emergency Room Services, or an employee of a hospital providing emergency room services, such that you have the additional rights afforded to you under this Terms of Service Agreement that are described in the section of this Terms of Service Agreement pertaining to hospitals providing emergency room services and employees, owners and administrators of such hospitals, you agree that you can and will access GPLEC's websites to, and only to, either
    1. view wait times information made available on a GPLEC website by other User Generated Content Providers,
    2. provide user generated content concerning hospital emergency room wait times to GPLEC and other members of the public who wish to use GPLEC's websites to view hospital emergency room wait times information,
    3. read this Terms of Service agreement so you may understand the Terms of Service and your rights and obligations under same, and the purposes for which you are allowed to access GPLEC websites and the service, and to print out this Terms of Service Agreement so you have a hard copy of same for your records,
    4. read GPLEC's Privacy Policy so you may understand same and how seriously GPLEC takes your privacy rights, and so you can understand how the information GPLEC collects may be used to protect and enforce GPLEC's rights under this Terms of Service Agreement, local and national laws, and international copyright, trademark and patent conventions
    5. follow the internal links present on any GPLEC website,
    6. obtain contact information for GPLEC, or any of its employees or representatives, or
    7. follow the external links on any GPLEC website that lead or are leading to third party information GPLEC wishes to link to or receives remuneration from some third party for.

    8. You acknowledge that accessing GPLEC websites and Service for any other purpose, or for a purpose authorized by this provision of the Terms of Service Agreement and any purpose not authorized by the Terms of Service Agreement, is a violation of this Terms of Service, warrant that you will not access any GPLEC website for any purpose not authorized by this term of the Terms of Service Agreement, agree that accessing the website for any other purpose could cause GPEC substantial, tangible, material harm, financial or otherwise, and will invoke, should GPLEC wish to pursue a claim against you for accessing a GPLEC website for a purpose that is not authorized by this provision of this Terms of Service agreement, or a purpose authorized by this provision of the Terms of Service Agreement, and a purpose not authorized by the Terms of Service Agreement, the operation of the Liquidated Damages Clause in this Terms of Service Agreement.
      You further warrant that should GPLEC wish to pursue a claim against you for accessing its websites for an unauthorized purposed, you will pay to GPLEC the sum specified as the appropriate amount of liquidated damages for the violation -- for an individual or company in your financial circumstances -- as specified in the table in the Liquidated Damages term of this Terms of Service Agreement, forthwith upon demand.
      You further agree and warrant that you will not use or employ an individual or shell company to access GPLEC websites and information for a purpose not authorized by this Terms of Service Agreement, or a purpose authorized by the Terms of Service Agreement and any purpose not authorized by the Terms of Service Agreement, that would limit the amount of Liquidated Damages you would owe under the Liquidated Damages term of this Terms of Service agreement and circumvent the purpose of this clause, and the Liquidated Damages clause of this Terms of Service Agreement, which is to preserve and protect the intellectual property rights and financial and material interests of, GPLEC, and its successors, agents and assigns, or any third party that GPLEC has licenced or franchised its websites and Service, or any of its websites and services providing crowd-sourced waittimes information, to, and allow GPLEC to generate the economic benefits from its intellectual property rights, intellectual property, conceptions, business ideas, business generating ideas, business operations, business activities, and planned or intended future business operations or business activities, that it could generate, but for the improper use of information or ideas or conceptions or plans improperly obtained by accessing a GLEC website for a purpose not authorized by this Terms of Service Agreement or a purpose authorized by this Terms of Service Agreement and a purpose not authorized by this Terms of Service Agreement.
  3. Notice Regarding Dispute Resolution: Subject to the terms of this Terms of Service Agreement concerning authorized purposes for which you may access GPLEC websites, and the liquidated damages that a party who accesses GPLEC websites for an authorized purpose agrees to pay in the Liquidated Damages term of this Terms of Service Agreement, and the term of this Terms of Service Agreement that is the Litigation Resource Equalization term of this Terms of Service Agreement, these Terms of Service contain provisions that govern how claims you and GPLEC have against each other are resolved, including: the Limitation of Liability term, the Choice of Law and Forum term, the Arbitration Agreement term, the Waiver of Class Action Remedies term, the Estoppel term, the Indemnity term, and the Waiver term. It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit any and all claims you have against GPLEC to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate in accordance with the term of this Terms of Service Agreement pertaining thereto. Unless you opt-out: (A) you will only be permitted to pursue claims against GPLEC on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief, including but not limited to, monetary, injunctive, and declaratory relief, on an individual basis.
  4. Amendments. We may amend these Terms of Service from time to time without prior consultation with, or notice to, service users. We will post any material changes to these Terms of Service on the Service with a notice advising of the changes at least thirty (30) days before the effective date of the changes. Additionally, we will maintain at our expense, an archive of any and all previous versions of the Terms of Service Agreement that were in effect in a ten year interval preceding the Terms of Service Agreement presently in effect and operation, and may maintain a permanent archive of any and all previous versions of the Terms of Service Agreement preceding the Terms of Service Agreement presently in effect and operation.
  5. GPLEC Privacy Policy. In connection with your use of the Service, please review our GPLEC Privacy Policy, located at GPLEC Privacy Policy to understand how we collect and use information about you when you access, visit or use the Service. The GPLEC Privacy Policy is part of and is governed by these Terms of Service and by accepting these Terms of Service, you agree to be bound by the terms of the GPLEC Privacy Policy, and agree that we may use information about you collected or obtained from or through you or your internet service provider, in accordance with the GPLEC Privacy Policy, to protect and/or enforce, as against you, the rights GPLEC has under this Terms of Service Agreement, national or state or provincial law, or international conventions and agreements related to trade, trademarks, copyright, intellectual property, and patents.
  6. GPLEC Accounts and Registration. You can visit, use and browse, and submit user-generated content to, the Service without creating a GPLEC account. However, once the ability to create user accounts is created, you will not be eligible to receive certain user rewards and benefits without creating a GPLEC account. By creating a GPLEC account you represent that you are: [(i) at least eighteen (18) years old ; (ii) of legal age to form a binding contract; and (iii) not barred from using the Service under the laws of the United States, Canada or another jurisdiction.
    1. Creating an Account. If you create a GPLEC account directly through the Service, once the ability to create user accounts is created, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the "Registration Data"); ( ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (iii) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or that impersonates another person, or if GPLEC has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, or impersonates another person, GPLEC may suspend or terminate your account and refuse to allow you to use or provide user generated content to, the Service, any time.
    2. Termination of Your Account. You may terminate your account at any time. To do so, send an email to us at:
      advising as to your name, user name, and intention to terminate your account.

      If the above link wont’ you may open up an email program manually, and email us at:

      If you terminate your account you will still be able to access, view, use, and provide user generated content to, the Service and/or GPLEC’s websites, but you will not have access to any of the members only content, contests and special offers that are available to registered users of the Service.

      GPLEC has the express right to terminate any user account, to limit or restrict any account holder’s or former account holder’s access to parts or all of the Service, or to terminate all account holders accounts or access to parts or all of the Service, at any time, for any reason, as GPLEC sees fit, without notice or liability. Any account holder whose account is terminated under this clause continues to have the obligations set out in this Agreement respecting content she or he provides or has provided to the ERW8STN.COM or ERW8YXE.COM website, or any other website GPLEC owns or operates, and remains subject to the limitation of liability, arbitration, copyright, licencing, liquidated damages, waiver, estoppel, litigation resource equalization, and limitation of class action terms, of this Terms of Service Agreement.

  7. Ownership of the Service. Except for User Content, as described below, you agree that GPLEC and its licensees, own all rights, title and interest in the Service, in the webpages through which the Service is provided or made available, in the domain names through which the GPLEC webpages and Service are accessed, and all materials provided by GPLEC in connection with the Service, whether existing in digital, analog, hard-copy, or a combination thereof, formats, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, posters, marketing materials, banner ads or photographs, computer scripts, computer code - CSS, HTML and otherwise, and that GPLEC owns all intellectual property rights related to the Service, GPLEC’s websites and registered domain names, and GPLEC's trade secrets, and business operations, on and off line. You may not copy, modify, create a derivative work from, decompile, reverse engineer, reverse assemble, replicate, duplicate, or otherwise attempt to discover any source code of the Service or the webpages through which the Service is provided or made available, nor participate in any efforts by any third parties to copy, modify, create a derivative work from, decompile, reverse engineer, reverse assemble, replicate, duplicate, or otherwise attempt to discover any source code of the Service or the GPLEC webpages through which the Service is provided or made available.
  8. Copyrights, TradeMarks, and Patents Except where GPLEC uses or is employing software code and scripts or scripting that are public domain or licenced to GPLEC by third parties, GPLEC is the sole and exclusive copyright owner of:
    the software code and scripts or scripting employed by GPLEC in the operation of its websites and the provision of the Service those websites provide or make available to the public through the internet or mobile phone networks,
    the html and css software code that creates the websites GPLEC operates to make the Service available to the public through the internet or mobile phone networks and allows the public to view its websites and access the Service GPLEC provides including Emergency Room Wait Times information,
    and save and except for the information that is provided by Service and website users, which is owned by the Service User that provides the information to GPLEC by completing the information seeking comment form on the erw8stn.com, erw8yexe.com, or a similar or related website GPLEC operates as part of and uses to provide the Service, GPLEC is the owner of the copyright in all the visible to the public content of the websites GPLEC owns and operates to provide the Service, including but not limited to the source code and visible to the public content of the web pages relating to GPLEC’s Privacy Policy, Limitations of Liability, and Terms of Service Agreement.
    You may not copy, modify, create a derivative work from, decompile, reverse engineer, reverse assemble, copy and then modify, or otherwise attempt to discover any source code of the Service, the webpages through which the Service is provided or made available, or the web pages relating to GPLEC’s Privacy Policy, Limitations of Liability, and Terms of Service Agreement, or the visible content of any website owned or operated by GPLEC including but not limited to the visible content of the webpages relating to GPLEC's Privacy Policy, Limitations of Liability, and Terms of Service Agreement,
    in order to create, develop, or start, a for profit business or corporation, or non-profit corporation or business, relating to the provision to the public, or internet or cell phone network users, of Emergency Room wait times, or wait time information pertaining to any other industry or human activity, including but not limited to, MediClinic wait times, Clinic wait times, pharmacy or drug store prescription wait times, service station wait times, tire repair shop wait times, grocery check out line wait times, dentist or dental clinic wait times, court house fine payment wait times, hotel check-in or check-out wait times, air port check in wait times whether respecting baggage service or personal check-in and whether or not customs service is involved, customs port of entry wait times, bank teller service wait times, or taxi service wait times, nor participate in any efforts by any third parties to copy, modify, create a derivative work from, decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Service or the webpages through which the Service is provided or made available, or the web pages relating to GPLEC’s Privacy Policy, Limitations of Liability, and Terms of Service Agreement, or the visible content of any website owned or operated by GPLEC including but not limited to the visible content of the webpages relating to GPLEC’s Privacy Policy, Limitations of Liability, and Terms of Service Agreement, in order to create, develop, or start, a for profit business or corporation, or non-profit corporation or business, relating to the provision to the public, or internet or cell phone network users, of Emergency Room wait times, or wait time information pertaining to any other industry or human activity or activities, including but not limited to, MediClinic wait times, Clinic wait times, pharmacy or drug store prescription wait times, service station wait times, tire repair shop wait times, grocery check out line wait times, dentist or dental clinic wait times, court house fine payment wait times, hotel check-in or check-out wait times, air port check in wait times whether respecting baggage service or personal check-in and whether or not customs service is involved, customs port of entry wait times, bank teller service wait times, or taxi service wait times, or any other purpose except news reporting for a reputable news organization providing print, radio or television based news, web magazine or blog, where the subject of the news report is to let the public know of GPLEC’s emergency room wait times websites and the Services provided by it, or any other GPLEC wait times related websites and Service, or to facilitate any police investigation by a lawful police authority acting with proper legal authorization.

    The ERW8.com, ERW8STN.COM, ERW8YXE.COM, ERW8TSTN.COM, ERW8TYXE.COM, and all related .info, .org, and .net domain names, as well as erwaittimes.ca and erwaitimes.com domain names owned by GPLEC, any and all logos related to the operation of the Service and the aforementioned or referred to domain names, and symbols and related names are trademarks and service marks of GPLEC. You agree not to display or otherwise use any of these marks without GPLEC's prior written consent.

  9. User Content.
    1. Responsibility for User Content. All GPLEC website viewers and Service viewers can post hospital emergency room wait times information on GPLEC Hospital Emergency Room wait times information websites, as "user provided" content, using our "information submitting process." Website views and Service Users just have to enter their information and press the submit button, whereupon the information will appear on GPLEC Emergency Room Wait Times websites almost immediately. This user provided content information should be submitted either while the website and service viewer is still waiting to receive Emergency Room treatment, or shortly after Emergency Room treatment has been received, so the information is current, and gives other GPLEC website viewers and Service viewers information that is timely as well as accurate.

      Website viewers and Service viewers providing "user provided content" should limit their content to the information the submission submitting process form requests of them, without editorial comment or complaint, and should ensure that:

      1. they are on a GPLEC emergency room wait times website pertaining to the city they are or were located in when obtaining or seeking to obtain Hospital Emergency Room treatment, and
      2. they correctly identify the hospital whose emergency room wait time the Service intends to provide, or is providing, information on.

      Service Users do not need to provide an email address to create user provided content, and post or produce, hospital emergency room wait times information on GPLEC Hospital Emergency Room wait times information websites, when using GPLEC's information submitting process. Contact email address information is only required if a GPLEC website viewer and Service viewer creating, posting or producing user provided content through GPLEC's information submitting process wishes to enter any prize-draw contest GPLEC is conducting for user provided content providers that is in effect when the GPLEC website viewer and Service user is creating, posting or producing user provided content on a GPLEC website. User provided content providers providing an email address when using GPLEC's information submitting process, will be entered in any GPLEC prize draw contest for user provided content providers that is in effect when the user provides user provided content, and any user provided content provider who provides an email address when providing user content will be entered in, and is deemed to have intended to enter, any GPLEC prize-draw contest for user provided contest providers that is in effect when the user provided content is provided, and to have read and agreed to be bound by GPLEC's user provided content content providers' prize draw rules. Service Users providing a contact email address, whether there is a GPLEC prize contest for service users providing user provided content in effect at the time the user provided content is provided or not, consent to having their email address being added to a list serve or email list, and to receiving emails from GPLEC concerning GPECs' services, websites, activities, web based advertising opportunities, promotions, fees, and special promotional rates, if and when, whenever, and as often as GPLEC decides to email the user provided content provider(s), who have provided GPLEC with their contact email address(es). User provided content providers providing a contact email address when providing user provided content through GPLEC's information submission process, understand that their email address will not be published on ERW8TSTN.CA, ERW8YXE.COM or any related GPLEC operated websites, and that all information provided by the user provided content provider will be used, maintained, stored or held, in accordance with GPLEC's Privacy Policy.

      Notwithstanding the previous paragraph, GPLEC website and Service viewer(s), including but not limited to GPLEC website and service viewer(s) providing user provided content, acknowledge that there is no obligation on GPLEC to conduct any prize-draw contest or contests, for user provided content providers, or any other group of individuals, including but not limited to GPLEC website viewer(s) and Service user(s), when they are viewing GPEC websites or the SERVICE, providing user provided content, or ever.

      Service users providing User Content may do so without providing any information on the severity of their illness or malady, and the nature of the malady, but should understand that providing such information may help other GPLEC website viewers and Service users to develop a more accurate conception of the hospital emergency room wait time they may expect to experience at a particular hospital emergency room.

      If you chose to provide other Service users with information on the severity of your illness, and nature of your malady, and your privacy is important to you, please ensure that you do not provide so much information that you can be readily identified by any person, real or legal, whom you would not want to know your identity and/or the illness or malady you were seeking emergency room treatment for, including but not limited to, the public or any individual member thereof, the public writ large, any GPLEC Service user or users, a or any government authority including but not limited to a Regional Health Authority operating the hospital whose emergency room you attended, any for profit or non profit corporation operating the hospital whose emergency room you attended, and/or any agents, representatives, employees or legal counsel for any of the foregoing, either because of the information you yourself are supplying or because the real or legal person could discern your identity and illness or malady because of the information you provide, and information she, he or the legal person, already has or have in their possession, including for example but not limited to, information in a hospital's or doctor's possession concerning patients treated during a particular time interval and the maladies or illnesses the patients were treated for.

      GPLEC is not liable to you for any disclosure or discovery of your identity, and/or the illness or malady you were suffering from or seeking treatment for, when you visited the hospital emergency room, that may occur as a result of any information you provide to GPLEC or the Service GPLEC provides, while providing user content, to any person, real or legal, and including but not limited to, the public or any individual member thereof, the public writ large, any GPLEC Service user or users, a or any government authority, any for profit or non profit corporation operating the hospital whose emergency room you attended, and/or any agents, representatives, or legal counsel for any of the foregoing, and you agree that you or any agent or counsel on your behalf, will not launch a legal action of any sort where you assert that GPLEC was in any way responsible for any disclosure or discovery of your identity and/or the illness or malady you were seeking treatment for, to any person, real or legal, and including but not limited to, the public or any individual member thereof, the public writ large, any GPLEC Service user or users, a or any government authority, any for profit or non profit corporation operating the hospital whose emergency room you attended, and/or any agents, representatives, or legal counsel for any of the foregoing, that occurs because you chose to provide, and/or provided, user content and information through this website, or the GPLEC service, any damages you suffer, have suffered or may suffer as a result of this disclosure or discovery of your identity, and/or the illness or malady you were seeking treatment for when you were seeking treatment or attention from a hospital emergency room, any mental or emotional distress or embarrassment you suffer, have suffered or may suffer as a result of the disclosure or discovery of your identity and/or the illness or malady you were seeking treatment or hospital attention for at the time you sought treatment or attention in a hospital emergency room, in any legal jurisdiction anywhere existing on planet Earth, under any legal framework, and any cause of action respecting the disclosure or discovery of your identify and/or the illness or malady you were seeking treatment or attention for when you were seeking hospital emergency room attention or treatment, whether currently existing or created or developed as a result of legislation or judicial decision making and/or the development of the common law in Saskatchewan, or in or of any jurisdiction in the world, any time after you agreed and consented to be governed by this Terms of Service agreement or ever.

      Similarly, GPLEC is not liable to you for any disclosure of, or discovery of, your identity, and/or the illness or malady you were suffering from or seeking treatment for, when you visited the hospital emergency room, by any member of the public, GPLEC Service user, to the public writ large, to a or any government authority, or to any for profit or non profit corporation operating the hospital whose emergency room you attended, or any agents, representatives or legal counsel for any of the foregoing, that may occur as a result of the information you provide while providing user content, and/or information in the possession of the party discovering your identity, or to whom your identity and/or the illness or malady you were suffering from or seeking treatment for, when you visited the hospital emergency room, is or was disclosed, or discovered by, or any third party communicating information in his, her or its possession, to the identity and/or illness discovering party, or person, real or legal, to whom your identity and/or the illness you were suffering from or seeking treatment for, when attending the hospital emergency room, is discovered or disclosed, be it information of a personal nature and in the personal knowledge of the person or legal person to whom your identity is disclosed, or by whom your identity and/or the malady or illness you were suffering from and seeking attention or treatment at the hospital emergency room for is discovered, the information in the records of the hospital or a doctor or other person employed by the hospital, the information an agent or lawyer for the hospital obtains from the hospital or its employees whether this information be in the form of written or digital records or verbal recollections, or otherwise, if you choose to provide, or provide, user content and information through this website, or the GPLEC service, or any damages you suffer, have suffered or may suffer as a result of this disclosure or discovery of your identity, and/or the illness or malady you were seeking treatment for when you were seeking treatment or attention from a hospital emergency room, any mental or emotional distress or embarrassment you suffer, have suffered or may suffer as a result of the disclosure or disclosure of your identity and/or the illness or malady you were seeking treatment or hospital attention for, at the time you sought treatment or attention in a hospital emergency room, in any legal jurisdiction anywhere existing on planet Earth, under any legal framework, and any cause of action respecting the disclosure or discovery of your identify and/or the illness or malady you were seeking treatment or attention for, when you were seeking hospital emergency room attention or treatment, whether currently existing, or created or developed as a result of legislation or judicial decision making, and/or the development of the common law in Saskatchewan, or in or of any jurisdiction in the world, any time after you agreed and consented to be governed by this Terms of Service agreement or ever.

      You further agree and warrant that if your identity and/or the illness or malady you were suffering from or seeking treatment for when you were seeking hospital emergency room treatment, is disclosed to, or discovered by, any person, real or legal, and including but not limited to, the public or any individual member thereof, the public writ large, any GPLEC Service user or users, a or any government authority, any for profit or non-profit corporation operating the hospital whose emergency room you attended, and/or any agents, representatives, or legal counsel for any of the foregoing, because you chose to provide user content and information through this website, the GPLEC service, and the GPLEC information submission process, or any other reason, including GPLEC's failure to follow the provisions of its Privacy Policy, GPLEC's negligence, the actions of any outside parties that hack into GPLEC's computers and/or information storage systems, any malware that steals or obtains information about you from GPLEC, the actions of any third parties GPLEC is doing business with or has joint venture, website hosting, or secure credit card processing, arrangements with, or the actions of any employees or agents of GPLEC, acting outside the scope of their duties and without authorization or GPLEC's consent, or acting within the scope of their duties but in violation of GPLEC's Privacy Policy, the damage you suffer as a result of this disclosure or discovery of your identity, and/or the illness or malady you were seeking treatment for or suffering from, when you sought attention from or treatment at, the hospital emergency room, including damages for wrongful disclosure of your identity, and/or discovery of your identity and/or the illness or malady you were seeking treatment for or suffering from, when you sought attention from or treatment at, the hospital emergency room, and all causes of loss, including but not limited to, loss of employment, loss of life expectancy, loss of emotional security or mental health, loss of reputation or public esteem, and loss of sense of self-worth, under all causes of action including but not limited to, negligence, breach of contract, negligent performance of duty, fraudulent performance of duty, infliction of mental shock, infliction of emotional distress, inadequate security, negligently inadequate security, and whether currently existing, or created or developed as a result of legislation or judicial decision making and/or the development of the common law in Saskatchewan, or in or of any jurisdiction in the world, any time after you agreed and consented to be governed by this Terms of Service agreement, is and will be equal to, and will never exceed, despite, whenever, or whatever, the date upon which the disclosure or discovery occurs and/or the date on which the damage is suffered actually is, or was, or if the damage is suffered on a continuing or ongoing basis, the cash value of $1.00 Canadian.

      You are and will be solely responsible for all User Content you upload, post, e-mail, transmit or otherwise make available through the Service, and other users of the Service, and not GPLEC, are similarly responsible for the User Content that they upload, post, e-mail, transmit or otherwise make available through the Service. By posting User Content on the Service, you agree to assume full responsibility for the applicable User Content and represent that:

      1. (i) you are the sole owner of all User Content that you make available through the Service or that you have all rights, licenses, consents and/or releases necessary to make your User Content available through the Service and to grant to GPLEC the rights to your User Content described in these Terms of Service,
      2. (ii) the User Content does not and will not infringe the rights of any third party, including any intellectual property rights, publicity rights or rights of privacy, and
      3. (iii) all of your User Content and other information that you provide to us, and through our service and our information submission process, to the public, is truthful and accurate.
      The Service is a public platform and other users of the Service may search for, see and/or use any User Content that you make publicly available through the Service. Providing false information could damage the reputations of the hospitals whose emergency rooms you provide wait time information on, the reputations of the doctors, nurses and other staff working at those hospitals and providing hospital emergency room care, or the hospital and health region personnel, including managerial personnel, tasked with the implementation and/or provision of hospital emergency room treatment services in Saskatoon, Saskatchewan, and may contribute to the suffering, lost time or even death, of other Service users.

    2. GPLEC has the right, but not the obligation, to pre-screen, refuse or remove any User Content that violates these Terms of Service or that it otherwise deems objectionable, such as, but not limited to, the use of profanity, hateful comments, comments with a racist or sexist connotation, and any and all comments described as prohibited content below. Should your User Content be removed from the Service, GPLEC reserves the right to retain your User Content for backup, archival, or audit purposes, as well as the information in GPLEC's IP logs that pertain to you and enable your identification. GPLEC will disclose this information and your actual identity if you are a GPLEC account holder, in the event that GPLEC creates the above-mentioned user account system, and your IP address in the event you are a content provider that is not a GPLEC account holder, to any third parties it is required by law to disclose such information to, in accordance with our Privacy Policy.
      Under GPLEC's Privacy Policy and this term of the Terms of Service Agreement, GPLEC also has the right to use this information in any legal proceedings it takes against you for violation of its rights under this Terms of Service Agreement or Canadian intellectual property, copyright, patent and trademark law, or international covenants, treaties and conventions related to international trade, intellectual property, and copyright, patent and trademark law, and to use this information to assert and claim any rights it has under this Terms of Service Agreement including the rights under the Liquidated Damages term and Litigation Resource Equalization term of this Terms of Service Agreement, and the sums payable to GPLEC by you under the Liquidated Damages term and Litigation Resource Equalization term of this Terms of Service Agreement.
    3. If you have a GPLEC account you will be able to post content to the Service including comments, data, text, photographs, graphics, messages, tags, images, illustrations, or other materials, as the case may be(“User Content”). You, and not GPLEC, will be solely responsible for all User Content you upload, post, e-mail, transmit or otherwise make available through the Service, and other Service users providing User generated content and not GPLEC, are similarly responsible for the User Content that they upload, post, e-mail, transmit or otherwise make available through the Service. By posting User Content on the Service, you agree to assume full responsibility for the applicable User Content and represent that: (i) you are the sole owner of all User Content that you make available through the Service or that you have all rights, licenses, consents and/or releases necessary to make your User Content available through the Service and to grant to GPLEC the rights to your User Content described in these Terms of Service, (ii) the User Content does not and will not infringe the rights of any third party, including any intellectual property rights, publicity rights or rights of privacy, and (iii) all of your User Content and other information that you provide to GPLEC, GPLEC's websites and the GPLEC Service is truthful and accurate. The Service is a public platform and other users of the Service may search for, see and/or use any User generated Content that you make publicly available through the Service. GPLEC has the right, but not the obligation, to pre-screen, refuse or remove any User Content that violates the Terms of Service or that it otherwise deems objectionable, such as, but not limited to the, use of profanity, or racist, classist, sexist, heightist or sizest comments. Should your account be terminated or your user generated content be removed from the Service, GPLEC reserves the right to retain your User Content for backup, archival, legal or audit purposes as well as the information in GPLEC's IP logs that pertain to you and enable your identification. GPLEC will disclose this information and your actual identity if you are a GPLEC account holder, in the event that GPLEC creates the above-mentioned user account system, and your IP address in the event you are a content provider that is not a GPLEC account holder, to any third parties it is required by law to disclose such information to, in accordance with our Privacy Policy.
      Under GPLEC's Privacy Policy and this term of the Terms of Service Agreement, GPLEC also has the right to use this information in any legal proceedings it takes against you for violation of its rights under this Terms of Service Agreement or Canadian intellectual property, copyright, patent and trademark law, or international covenants, treaties and conventions related to international trade, intellectual property, and copyright, patent and trademark law, and to use this information to assert and claim any rights it has under this Terms of Service Agreement including the rights under the Liquidated Damages term and Litigation Resource Equalization term of this Terms of Service Agreement, and the sums payable to GPLEC by you under the Liquidated Damages term and Litigation Resource Equalization term of this Terms of Service Agreement.
    4. GPLEC reserves the right to retain your User Content for backup, archival, or audit purposes, as well as the information in GPLEC's IP logs that pertain to you and enable your identification. GPLEC will disclose this information and your actual identity if you are a GPLEC account holder, in the event that GPLEC creates the above-mentioned user account system, and your IP address in the event you are a content provider that is not a GPLEC account holder, to any third parties it is required by law to disclose such information to, in accordance with our Privacy Policy
      Under GPLEC's Privacy Policy and this term of the Terms of Service Agreement, GPLEC also has the right to use this information in any legal proceedings it takes against you for violation of its rights under this Terms of Service Agreement or Canadian intellectual property, copyright, patent and trademark law, or international covenants, treaties and conventions related to international trade, intellectual property, and copyright, patent and trademark law, and to use this information to assert and claim any rights it has under this Terms of Service Agreement including the rights under the Liquidated Damages term and Litigation Resource Equalization term of this Terms of Service Agreement, and the sums payable to GPLEC by you under the Liquidated Damages term and Litigation Resource Equalization term of this Terms of Service Agreement.
    5. Content on the Service. GPLEC is an Internet Service Provider and does not assume any duty to monitor the Service for inappropriate or unlawful User Content. GPLEC is not responsible for, nor does GPLEC necessarily hold the opinions expressed by, Service Users and User Content Providers who provide User Content. Opinions and other statements expressed by users of the Service are theirs alone. Users are fully responsible for the accuracy and completeness of the User Content that they contribute to the Service. GPLEC does not endorse, guarantee, or assume any responsibility, obligation or liability relating to the applicable User Content, including, but not limited to, liability for third-party claims against users of the Service for defamation, libel, slander, infringement, invasion of privacy, violation of publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
    6. Sharing User Content through Social Media Services and/or Social Networking Sites.
      In the event you:
      1. share:
        1. the User Content you provided on GPLEC websites or provided to the Service GPLEC provides through GPLEC's "information submitting process," Or
        2. User content other service users and GPLEC user content providers provided on GPLEC websites or provided to the Service GPLEC provides through GPLEC's "information submitting process."
        3. on or through a Social Media Service, or Social Networking site, including but not limited to Facebook, Twitter, Google Plus+, Instagram, Tumblr, Pinterest, VK, Flickr, Vine, Renren, Xiaonei.com, Fanfou, Kaixin001.com, 51.com, Orkut.com, Bharatstudent.com, Hi5.com, ibibo.com, bigadda.com, or linkedin,
      2. or post or share User Content you or any other user content provider provided to GPLEC's websites, through GPLEC's "information submitting process" or otherwise, to a Social Media Service or Social Networking Site, through the Service, if GPLEC provides social media content sharing or social networking site sharing links and processes on any GPLEC websites you have visited, and you chose or decided to post or share User Content to a Social Media Service or Social Networking Site or accidentally or negligently posted or share User Content to a Social Media Service or Social Networking Site, through any GPLEC social media or social networking content sharing process,
      you agree and warrant that you will comply with all terms of use, policies and guidelines established by the applicable Social Media Service or Social Networking Site with regard to the User Content. You also agree to be solely responsible and liable for any claims arising, resulting or ensuing from your sharing or posting of User Content on a GPLEC website and/or GPLEC website content to or from any Social Media Service or Social Networking Site.
    7. Sharing User Content through News Aggregator Websites, Social News Services, Social Bookmarking Sites and other online News Services that publish user provided content or user submitted content.
      In the event you:
      1. share:
        1. the User Content you provided on GPLEC websites or provided to the Service GPLEC provides through GPLEC's "information submitting process," Or
        2. User content other service users and GPLEC user content providers provided on GPLEC websites or provided to the Service GPLEC provides through GPLEC's "information submitting process."
        3. on or through a News Aggregator Social Media Service, or Social Networking site, including but not limited to Reddit, Digg(Digg.com), Techdirt, and Techcrunch,
      2. or post or share User Content you or any other user content provider provided to GPLEC's websites, through GPLEC's "information submitting process" or otherwise, to a Social News Service or Social News Services, News Aggragator Website or Websites, Social Bookmarking Site or sites, or other online news service or services, through the Service, if GPLEC provides social media content sharing or social networking site sharing links and processes on any GPLEC websites you have visited, and you chose or decided to post or share User Content to a Social News Service or Social News Services, News Aggragator Website or Websites, Social Bookmarking Site or sites or accidentally or negligently posted or share User Content to a Social Media Service or Social Networking Site, through any GPLEC social media or social networking content sharing process,
      you agree and warrant that you will comply with all terms of use, policies and guidelines established by the applicable Social News Service(s), News Aggregator Website(s), online News Service(s), or Social Bookmarking Site(s) with regard to the User Content. You also agree to be solely responsible and liable for any claims arising, resulting or ensuing from, your sharing or posting of User Content on a GPLEC website, and/or GPLEC website content, to or from any Social News Service or services, News Aggregator website or websites, online News Service or services, or Social Bookmarking website or websites. In any civil action relating to a claim that results from your distribution of user content as aforesaid, you are free to join as a party defendant or party defendants to the action the News Aggregator Website(s), Social News Service(s), Social Bookmarking website(s) and other online News Service(s), as you and your counsel see fit.
    8. Sharing User Content through Online Forums, Blogs, Blog Aggregators, Forum Aggregators and Usenet.
      In the event you:
      1. share:
        1. the User Content you provided on GPLEC websites or provided to the Service GPLEC provides through GPLEC's "information submitting process," Or
        2. User content other service users and GPLEC user content providers provided on GPLEC websites or provided to the Service GPLEC provides through GPLEC's "information submitting process."
        3. on or through an on-line forum, personal or business blog, third party blog to which you have posting rights or privileges, or usenet,
      2. or post or share User Content you or any other user content provider provided to GPLEC's websites, through GPLEC's "information submitting process" or otherwise, to or through an on-line forum, personal or business blog, third party blog to which you have posting rights or privileges, or usenet, through the Service, if GPLEC provides on-line forum sharing, usenet content sharing or blog site sharing links and processes on any GPLEC websites you have visited, and you chose or decided to post or share User Content to an online forum or forums, blog or blogs, or usenet or accidentally or negligently posted or share User Content to a Social Media Service or Social Networking Site, through any GPLEC social media or social networking content sharing process,
      you agree and warrant that you will comply with all terms of use, policies and guidelines established by the applicable online forum or forums, blog or blogs, blog service or services, or usenet with regard to the User Content. You also agree to be solely responsible and liable for any claims arising, ensuing or resulting from, sharing or posting of User Content on a GPLEC website and/or GPLEC website content, to or from any online forum or forums, blog or blogs, blog or blog services, or usenet, or any further distribution of this content by a Blog Aggregator or Forum Aggregator service or search engine, that the Blog Aggregator, Forum Aggregator service or search engine, are not themselves responsible for. In any civil action relating to a claim that results from your distribution of user content as aforesaid, you are free to join as a party defendant or party defendants to the action the blog aggregator(s), forum aggregator service(s) or search engine(s), as you and your counsel see fit.
    9. GPLEC's Rights in User Content and/or Emergency Room Wait-times Data.
      GPLEC does not claim ownership of your User Content. However, you grant GPLEC a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, transferable and irrevocable right and license to use, distribute, publish, reproduce, copy, modify, adapt, publicly perform and publicly display your User Content in or on any medium, including but not limited to, promotional posters, billboards, pamphlets, computer monitors, televisions, tablets and/or tablet display screens, cell or smart phones and/or cell or smart phone screens, phablets/fablets or fablet/phablet screens, holograms or holographic images, or newsprint, today or in the future existing, and whether owned by GPLEC, or a third party or agency, and capable of being viewed in a public setting, or by an individual on a device that is privately owned and customarily or usually viewed by the individual only, and whether distributed, published, reproduced, copied, modified, or displayed solely as an act of, or by the agency of, GPLEC, or as a result of an act of GPLEC and any third party that accesses a GPLEC website so the content is displayed on a device owned by a third party, and to incorporate your User Content into any form, medium or technology, now or in the future existing, to exercise any and all copyright, trademark, publicity, and database rights you have in your User Content in any media known now or in the future existing, and to claim and enforce all the rights it has in this user content as against third parties all without compensation to you.
      You understand that the technical processing and transmission of data associated with the Service, including your User Content, may require:
      1. transmissions over various networks; and
      2. changes to your User Content to conform and adapt to technical requirements of connecting networks or devices.
      If, and to the extent, a User provides User Content into the Service, such User grants GPEC a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, transferable and irrevocable right and license to use, distribute, publish, reproduce, copy, modify, adapt, publicly perform and publicly display the information and to incorporate the information into any form, medium or technology, and to exercise any and all copyright, trademark, publicity, and database rights you have in the information in any media known now or in the future existing, in connection with the Service, and to claim and enforce all the rights it has in this user content as against third parties, all without compensation to you.
      You hereby release GPLEC from and against any and all claims of any kind which you may have against GPLEC in connection with such use of User Content and information as described herein, including, but not limited to, those based on rights of publicity or privacy. You further warrant and affirm that you will not launch any lawsuit against GPLEC based on its use of the information you provide it, which it is authorized to deal with, distribute or otherwise use, according to the terms of this Terms of Service Agreement, now or at any time in the future, as long as the use is authorized by this Terms of Service Agreement, nor will you complain about or badmouth GPLEC to any individual, entity, news outlet, social media service, or government institution, agency, or body, over its use of the information you provide it, which GPLEC is authorized to deal with, distribute or otherwise use, according to the terms of this Terms of Service Agreement.
      You further warrant and agree that in the event you violate this term of the Terms of Service Agreement, you will pay to GPLEC, if demanded, the sum of $1,000,000.00 US as damages, and agree that this sum represents an accurate description and/or estimate of the damages GPLEC will/would suffer due to or as a result of your violation of this term of the Terms of Service Agreement.
    10. Prohibited User Content. While using the Service, you agree that you will not upload, post, e-mail, transmit or otherwise make available any User Content that:
    11. Prohibited User Conduct. While using the Service, you agree not to engage in any of the following prohibited activities:
  10. Liability for User Content.
    You, and not GPLEC, will be solely responsible for all User Content you upload, post, e-mail, transmit or otherwise make available through the Service, and other users of the Service, and not GPLEC, are similarly responsible for the User Content they upload, post, e-mail, transmit or otherwise make available through the Service.
    By posting User Content on the Service, you agree to assume full responsibility for the applicable User Content and represent that:
    1. you are the sole owner of all User Content you make available through the Service or that you have all rights, licenses, consents and/or releases necessary to make your User Content available through the Service and to grant to GPLEC the rights to your User Content described in these Terms of Service,
    2. the User Content does not and will not infringe the rights of any third party, including any intellectual property rights, publicity rights or rights of privacy,
    3. all of your User Content and other information that you provide to us is truthful, accurate and provided without malice, and
    4. that the User generated content you provide does not libel or defame any individual, real or artificial, corporation, or government organization, agency, crown corporation, or other entity with legal status or rights.

    Please remember that the Service is a public platform and that other users of the Service may search for, see and/or use or rely on any User Content you make publicly available through the Service, and may formulate opinions on, or make impressions on the levels of service provided by, hospital emergency rooms, hospitals, government organizations or agencies, corporations, or other entities with legal status or rights, based on the information you, or the information you and other User generated content providers, provide.
    GPLEC has the right, but not the obligation, to pre-screen, refuse or remove any User Content that violates these Terms of Service or that GPLEC otherwise deems objectionable, such as, but not limited to, comments that appear demonstrably false because of their ridiculous claims, comments that contain profanity, and comments that may be regarded by GPLEC or its agents, employees or assigns as having a racist, sexist, heightist, homophobic or classist connotation or component.
    If your User Content is removed from the Service, GPLEC reserves the right to retain your User Content for backup, archival, legal or audit purposes, and may, when retained disclose it to third parties, together with the logged IP address information it collects and retains concerning the user generated content you provided, in accordance with our Privacy Policy, when required to do so by a subpoena or other legal document. GPLEC also has the right to use the original user generated content you provide, as well as backed up, and archived copies of this content, together with the logged IP address information it collects and retains concerning Service users, providers of user generated content, user generated content you, other and all providers of user generated content, provide to GPLEC and the service, in accordance with GPLEC's Privacy Policy for any legal purpose it sees fit, including but not limited to actions against you and/or other providers of user generated content, for indemnity or to enforce rights it has under the Terms of this terms of Service Agreement, Canadian intellectual property, copyright, trademark and patent law, or international covenants, treaties or conventions relating to trade, intellectual property, copyright, trademark and patent rights, and/or when this information is either necessary for GPLEC to issue a Statement of Claim, Statement of Defence, Counter-Claim or Cross-Claim, or GPLEC's counsel believes it to be in GPLEC's interest to include it in a Statement of Claim, Statement of Defence, Counter-Claim or Cross-Claim or to use it in any process or proceeding to enforce or protect GPLEC's rights and interests.
  11. User Feedback. GPLEC welcomes and encourages your feedback, but requests that you please do not submit any proprietary or confidential information, suggestions or materials via email, the Service or any other method. By submitting opinions, suggestions, feedback, and/or proposals through the Service, or through any other communication with GPLEC, you acknowledge and agree that:
    1. the suggestions or feedback you provide will not contain confidential or proprietary information;
    2. GPLEC is not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide;
    3. GPLEC shall be entitled to use or disclose, or choose not to use or disclose, the suggestions and feedback you provide for any purpose, in any way, in any media worldwide;
    4. GPLEC may have similar ideas to the suggestions and feedback you provide already under consideration or in development;
    5. the suggestions and feedback you provide will automatically become the property of GPLEC without any obligation, or further obligation, on the part of GPLEC to you and you hereby irrevocably assign and convey all of your rights in the suggestions and feedback, to GPLEC;
    6. you are not entitled to any compensation or reimbursement of any kind from GPLEC under any circumstances, and
    7. you will not submit any materials, suggestions or ideas to GPLEC that you do not have the right to make available under any law or contractual or fiduciary relationships such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or information, ideas, concepts, plans, business plans, and other intellectual property, subject to a Non-disclosure Agreement or Non-disclosure and Non-circumvention Agreement you are party to or subject to. You expressly agree that you will solely bear any liability related to your submission of these materials through the Service or to GPLEC.
  12. Links to Other Websites. The Service may contain links to third party websites, resources or data, and other users of the Service may post links to third party websites, resources or data while providing user generated content to the service. You acknowledge and agree that GPLEC is not responsible or liable for the availability of these websites or resources, or for any content, advertising, products, services or other materials on or available through these websites or resources, including but not limited to payment or delivery of such goods or services from these websites, or any harm or injury to you that results from your use of or reliance upon, the goods or services, or the information in and content of, the websites, resources or data. You also acknowledge that you are solely responsible for and assume all risk arising from the use of any of these websites, resources or data. Links to third party websites on the Service are not intended as endorsements or referrals by GPLEC of any products, services or information contained on the applicable websites. These Terms of Service do not apply to third party websites, including the content of and your activity on those websites. You should review third-party websites' terms of service, privacy policies and all other website documents, and inform yourself of the regulations, policies and practices of these third-party websites.
  13. Disclaimer of Warranties. THE SERVICE, INCLUDING ALL EMERGENCY ROOM WAIT TIMES DATA AND INFORMATION, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GPLEC AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS AND FRANCHISEESS(COLLECTIVELY, THE “GPLEC PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE GPLEC PARTIES DO NOT WARRANT THAT THE SERVICE OR EMERGENCY ROOM WAIT TIMES DATA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.

    YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, AND THE EMERGENCY ROOM WAIT TIMES INFORMATION IT PROVIDES, IS ENTIRELY AT YOUR SOLE RISK. IF YOU VIEW ANY CONTENT PROVIDED BY THE SERVICE OR DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE. YOU FURTHER AGREE THAT THOUGH IT IS FORSEEABLE THAT YOU MAY MAKE DECISIONS REGARDING YOUR MEDICAL TREATMENT, OR THE MEDICAL TREATMENT OF ANOTHER OR OTHERS, BASED ON THE EMERGENCY ROOM WAIT TIMES INFORMATION THIS WEBSITE AND SERVICE PROVIDES, AND THAT THE TREATMENT YOU CHOSE MAY EFFECT YOUR HEALTH, ENJOYMENT OF LIFE, FUTURE HEALTH PROSPECTS, LIFE EXPECTANCY, OR EVEN MORTALITY, AND/OR THE HEALTH, ENJOYMENT OF LIFE, FUTURE HEALTH PROSPECTS, LIFE EXPECTANCY OR EVEN MORTALITY, OF ANOTHER PERSON OR OTHER PERSONS, WHOSE INJURY OR ILLNESS CAUSED YOU TO CONSULT A GPLEC WEBSITE AND OBTAIN EMERGENCY ROOM WAIT TIME OR OTHER INFORMATION FROM SAME, GPLEC IS NOT RESPONSIBLE FOR ANY OF THE EFFECTS THAT ARE IN ANY WAY ATTRIBUTABLE TO THE CHOICE YOU MAKE, NOR IS GPLEC LIABLE FOR ANY DAMAGES FOR INJURY OR LOSS YOU OR OTHERS SUFFER, INCLUDING LOSS OF LIFE, THAT IS IN ANY WAY ATTRIBUTABLE TO YOUR RELIANCE ON WAIT TIMES OR OTHER INFORMATION YOU RECEIVE FROM THE SERVICE OR ANY GPLEC WEBSITE.

    GPLEC RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE GPLEC PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.

  14. Limitation of Liability "Part A." YOU UNDERSTAND AND AGREE THAT GPLEC AND THE GPLEC PARTIES ARE NOT AND WILL NOT BE LIABLE TO
    1. YOU
    2. FOR ANY DAMAGES FOR LOSS OF:
      1. life, life expectancy, health, mobility, or future health prospects,
      2. cohabitation, companionship, enjoyment of life, sleep, or sense of self-worth,
      3. profits, goodwill, computer or cell phone use, data,
      4. free or uncommitted time,
      5. or
      6. other intangible losses
      7. OR
    3. ANY PARTY WHOSE INJURY OR ILLNESS CAUSED YOU TO CONSULT THE SERVICE OR ANOTHER GPLEC WEBSITE
    4. FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF:
      1. life, life expectancy, health, mobility, or future health prospects,
      2. cohabitation, companionship, enjoyment of life, sleep, or sense of self-worth,
      3. profits, goodwill, computer or cell phone use, data,
      4. free or uncommitted time,
      5. or
      6. other intangible losses,
      EVEN IF:
      THE LOSS WAS IN ANYWAY ATTRIBUTABLE TO YOUR OBTAINING AND/OR RELYING ON INFORMATION FROM THE SERVICE,
      THE LOSS WAS IN ANYWAY ATTRIBUTABLE TO INFORMATION AVAILABLE ON OR OBTAINED FROM THE SERVICE,
      THE HARM OR INJURY SUFFERED WAS A FORSEEABLE RESULT OF INFORMATION MADE AVAILABLE BY THE SERVICE OR YOUR RELIANCE ON SAME
      GPLEC OR THE GPLEC PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR HARM OR SIMILAR DAMAGE OR HARM.
    YOU FUTHER UNDERSTAND AND AGREE THAT THE GPLEC PARTIES ARE NOT AND WILL NOT BE LIABLE TO
    1. YOU
    2. FOR DAMAGES FOR LOSS OF:
      1. life, life expectancy, health, mobility, or future health prospects,
      2. cohabitation, companionship, enjoyment of life, sleep, or sense of self-worth,
      3. profits, goodwill, computer or cell phone use, data,
      4. free or uncommitted time,
      5. or
      6. other intangible losses
      OR
      ANY PARTY WHOSE INJURY OR ILLNESS CAUSED YOU TO CONSULT THE SERVICE OR ANOTHER GPLEC WEBSITE
    FOR ANY DAMAGES FOR LOSS OF:
    1. life, life expectancy, health, mobility, or future health prospects,
    2. cohabitation, companionship, enjoyment of life, sleep, or sense of self-worth,
    3. profits, goodwill, computer or cell phone use, data,
    4. free or uncommitted time,
    5. or
    6. other intangible losses,
    RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICE, EMERGENCY ROOM WAIT TIMES INFORMATION GPLEC PROVIDES OR ANY GPLEC WEBSITE.
    NOR IS GPLEC LIABLE TO YOU FOR DAMAGES FOR ANY SUFFERING, INJURY OR TRAUMA YOU EXPERIENCED WHILE AWAITING TREATMENT IN A HOSPITAL EMERGENY ROOM THAT IS IN ANY WAY ATTRIBUTABLE TO THE GPLEC SERVICE OR WEBSITES, ANY INFORMATION PROVIDED BY THE GPLEC SERVICE OR WEBSITES, AND/OR YOUR RELIANCE ON THE GPLEC SERVICE AND/OR WAIT TIMES INFORMATION
    NOR IS GPLEC LIABLE TO ANY PARTY WHOSE INJURY OR ILLNESS CAUSED YOU TO CONSULT THE SERVICE OR ANOTHER GPLEC WEBSITE, FOR ANY SUFFERING, INJURY OR TRAUMA HE OR SHE EXPERIENCED WHILE AWAITING TREATMENT IN A HOSPITAL EMERGENY ROOM THAT IS IN ANY WAY ATTRIBUTABLE TO THE GPLEC SERVICE OR WEBSITES, ANY INFORMATION PROVIDED BY THE GPLEC SERVICE OR WEBSITES, AND/OR YOUR RELIANCE ON THE GPLEC SERVICE AND/OR WAIT TIMES INFORMATION.
  15. Limitation of Liability "Part B." YOU UNDERSTAND AND AGREE THAT GPLEC AND THE GPLEC PARTIES ARE NOT AND WILL NOT BE LIABLE TO
    1. YOU
    2. FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF:
      1. life, life expectancy, health, mobilty, or future health prospects,
      2. cohabitation, companionship, enjoyment of life, sleep, or sense of self-worth,
      3. profits, goodwill, computer or cell phone use, data,
      4. free or uncommitted time,
      5. or
      6. other intangible losses
      7. OR
    3. ANY PARTY WHOSE INJURY OR ILLNESS CAUSED YOU TO CONSULT THE SERVICE OR ANOTHER GPLEC WEBSITE
    4. FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF:
      1. life, life expectancy, health, mobility, or future health prospects,
      2. cohabitation, companionship, enjoyment of life, sleep, or sense of self-worth,
      3. profits, goodwill, computer or cell phone use, data,
      4. free or uncommitted time,
      5. or
      6. other intangible losses,
      EVEN IF:
      THE LOSS WAS IN ANYWAY ATTRIBUTABLE TO YOUR OBTAINING AND/OR RELYING ON INFORMATION FROM THE SERVICE,
      THE LOSS WAS IN ANYWAY ATTRIBUTABLE TO INFORMATION AVAILABLE ON OR OBTAINED FROM THE SERVICE,
      THE HARM OR INJURY SUFFERED WAS A FORSEEABLE RESULT OF INFORMATION MADE AVAILABLE BY THE SERVICE OR YOUR RELIANCE ON SAME
      GPLEC OR THE GPLEC PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR HARM OR SIMILAR DAMAGE OR HARM.
    YOU FUTHER UNDERSTAND AND AGREE THAT THE GPLEC PARTIES ARE NOT AND WILL NOT BE LIABLE TO
    1. YOU
    2. FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF:
      1. life, life expectancy, health, mobility, or future health prospects,
      2. cohabitation, companionship, enjoyment of life, sleep, or sense of self-worth,
      3. profits, goodwill, computer or cell phone use, data,
      4. free or uncommitted time,
      5. or
      6. other intangible losses
      OR
      ANY PARTY WHOSE INJURY OR ILLNESS CAUSED YOU TO CONSULT THE SERVICE OR ANOTHER GPLEC WEBSITE
    FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF:
    1. life, life expectancy, health, mobility, or future health prospects,
    2. cohabitation, companionship, enjoyment of life, sleep, or sense of self-worth,
    3. profits, goodwill, computer or cell phone use, data,
    4. free or uncommitted time,
    5. or
    6. other intangible losses,
    RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICE, EMERGENCY ROOM WAIT TIMES INFORMATION GPLEC PROVIDES OR ANY GPLEC WEBSITE.
    NOR IS GPLEC LIABLE TO YOU FOR DAMAGES FOR ANY SUFFERING, INJURY OR TRAUMA YOU EXPERIENCED WHILE AWAITING TREATMENT IN A HOSPITAL EMERGENY ROOM THAT IS IN ANY WAY ATTRIBUTABLE TO THE GPLEC SERVICE OR WEBSITES, ANY INFORMATION PROVIDED BY THE GPLEC SERVICE OR WEBSITES, AND/OR YOUR RELIANCE ON THE GPLEC SERVICE AND/OR WAIT TIMES INFORMATION
    NOR IS GPLEC LIABLE TO ANY PARTY WHOSE INJURY OR ILLNESS CAUSED YOU TO CONSULT THE SERVICE OR ANOTHER GPLEC WEBSITE, FOR ANY SUFFERING, INJURY OR TRAUMA HE OR SHE EXPERIENCED WHILE AWAITING TREATMENT IN A HOSPITAL EMERGENY ROOM THAT IS IN ANY WAY ATTRIBUTABLE TO THE GPLEC SERVICE OR WEBSITES, ANY INFORMATION PROVIDED BY THE GPLEC SERVICE OR WEBSITES, AND/OR YOUR RELIANCE ON THE GPLEC SERVICE AND/OR WAIT TIMES INFORMATION.
  16. Abusing GPLEC. Please report problems, offensive content, and policy violations to us by sending us an email at abuse@erw8yxe.com.
    We reserve the right, but have no obligation, to remove any User Content from the Service at any time in our discretion. In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and user accounts, prohibit access to the Service, and its content, delay or remove hosted content, and take technical and legal steps to keep users from using the Service, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
  17. Copyright Policy. GPLEC respects the rights of content owners and asks that you do the same. You are responsible for any content that you make available through the Service. When sharing any content that is owned by third-parties, such as photographs, images, articles or links, you should credit the original source. GPLEC is an internet service provider (ISP) and does not monitor the Site or other sharing tools for inappropriate or unlawful content.

    GPLEC does provide content owners with the ability to notify GPLEC if they believe that their work has been used or shared in a way that constitutes copyright infringement. Copyright owners and their authorized agents may submit Digital Millennium Copyright Act (DMCA) notifications to GPLEC in accordance with the provisions of this Terms of Service Agreement. If and when GPLEC receives a valid DMCA notification, GPLEC will take down the applicable material and take reasonable steps to notify the user who posted the material. If the affected user sends us a valid counter-notification, we will restore access to the material unless we receive notice from the copyright owner that it has filed suit seeking a court order to restrain the alleged infringement, in which case, pursuant to the DMCA, access to the material will not be restored absent a court order.

  18. Filing a Copyright Complaint. If you are a copyright owner or its agent and believe that any user content made available through the Service infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing GPLEC's Copyright Agent (using the Copyright Agent contact information set forth below) with the following information in writing (pursuant to 17 U.S.C § 512(c)(3)):
  19. You must provide notification of claimed infringement to GPLEC’s designated Copyright Agent by mail to Copyright Agent, XXX, or by email to
    For clarity, only DMCA notifications should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to

    You acknowledge that if you fail to comply with all of the requirements described in this DMCA Policy, your DMCA notification may not be valid.
    If we receive a notification, we will send a copy of the notification to the user who posted the material addressed by your notification.

  20. Responding to a Copyright Complaint with a Counter-Notice.
    If GPLEC notifies you that your content has been removed based on a copyright claim submitted, and you believe your content was removed in error, you have the option to file a counter-notice. To file a counter-notice, you should respond to the notice that you received with the following information:
  21. When we receive your counter-notice, we will forward a copy of it to the person who filed the original copyright claim. If we do not receive notice within ten (10) business days that such person is taking further action, we may restore your content.

  22. Release. If you have a dispute with one or more other users of the Service, you agree to release GPLEC from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and another user(s) of the Service. In entering into this release you expressly waive any protections (whether statutory or otherwise), including California Civil, that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favour, at the time of agreeing to this release.
  23. Indemnity. You agree to indemnify and hold the GPLEC Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (A) your User Content; (B) your use of the Service; (C) your violation of these Terms of Service; (D) your sharing User Content through Social Media Services and/or Social Networking Sites; (E) your sharing User Content through News Aggregator Websites, Social News Services, Social Bookmarking Sites and other online News Services; (F) your sharing User Content through Online Forums, Blogs, Blog Aggregators, Forum Aggregators and Usenet; (G) your use or access of the service or any GPLEC webpages, for a purpose not authorized by this Terms of Service Agreement, (H) your violation of any legal rights of another party or (I) your violation of a law or regulation of any legal jurisdiction that has lawful jurisdiction over you.
  24. Choice of Law and Forum. This Agreement is governed by the laws of Saskatchewan, Canada, and said laws apply to this Terms of Service Agreement, your relationship with GPLEC, and your status to bring suit against GPLEC, without regard to conflict of law principles, and/or contract law relating to offer and acceptance of a contract and the jurisdiction in which suit regarding the contract is properly brought based on the location of the contract’s acceptance, and the parties agree that any action(s) in contract respecting this agreement, in negligence or negligent advise respecting injury or damage suffered as a result of information obtained through the Service or the use of such information, even in circumstances where the injury or damage is a foreseeable result of the use of information the Service provides, or in any other legal paradigm that can or may provide the basis for legal action against any of the parties to this Terms of Service Agreement, whether presently in existence, or developed in the future as a result of legislation or jurisprudence, will and must be brought in the Saskatchewan Court of Queen’s Bench. You consent to the exclusive jurisdiction of the Saskatchewan Court of Queen’s Bench for any and all claims you may have against GPEC at any time arising, and agree that any action you bring against GPLEC in any court other than the Saskatchewan Court of Queen Bench, for any claim you may have or make, is void, and that if you continue the void action to the point that you obtain judgement against GPLEC in that venue, the judgement is void, and cannot be enforced against GPLEC in Saskatchewan, or through a process that would otherwise allow for the judgement of a court to be enforced as a judgement of the Saskatchewan Court of Queen’s Bench. For great certainty, and notwithstanding the foregoing, GPLEC’s liability is limited by the Disclaimer Clauses and Limitation of Liability Clauses in this Agreement, and on GPLEC’s websites, your right to bring an action against GPLEC is prohibited by the operation of the Arbitration Agreement Clause of this Agreement, and your right to bring or participate in a class action law suit against GPLEC is prohibited by the operation of the Waiver of Class Action remedies clause of this Agreement, to the extent that these clauses are legal under Saskatchewan law.
  25. Arbitration Agreement and Waiver of Class Remedies.
    1. Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement not relating to their accessing the GPLEC websites and services for a purpose not authorized by the Terms of Service Agreement, or a purpose authorized by the Terms of Service Agreement and a purpose not authorized by the Terms of Service Agreement, and/or the Liquidated Damages and Litigation Resource Equalization terms of this Terms of Service Agreement, or your provision or transmission and/or distribution of user generated content that is libellous, slanderous, or defamatory, directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration based on their rights or obligations under the remaining provisions of the Terms of Service Agreement, or the statutory or common law of any national, provincial, state or local jurisdiction, or international agreement or treaty.
      All claims arising out of or relating to these Terms of Service (including its formation, performance and breach), other than those claims:
      1. arising as a result of your accessing and using the GPLEC websites, Service and Terms of Service for a purpose not authorized by this Terms of Service Agreement, or a purpose authorized by this Terms of Service Agreement and a purpose not authorized by this Terms of Service Agreement, and/or
      2. arising as a result of or in consequence of the Liquidated Damages and Litigation Resource Equalization terms of this Terms of Service Agreement, and/or GPLEC's decision or desire to enforce its rights under those terms of the Terms of Service Agreement, or GPLEC's decision or desire to claim the sums owed to it by a party or parties other than GPLEC according to the tables in those terms of the Terms of Service Agreement, and/or
      3. relating to your provision or transmission and/or distribution of user generated content that is libellous, slanderous, or defamatory,
      and your use of the Service or provision of user generated content to the service, shall be finally settled by binding arbitration administered by the ADR Institute of Saskatchewan, in accordance with the provisions of Saskatchewan's Arbitration Act, Saskatchewan's Commercial Arbitration Rules and any applicable Saskatchewan laws or rules relating to consumer related disputes, excluding any rules or procedures governing or permitting class actions. < /br> The arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable, other than those disputes:
      1. arising as a result of the terms of this Terms of Service Agreement relating to the purposes for which the GPLEC websites and service may be accessed or used, and your accessing and using the GPLEC websites, Service and Terms of Service for a purpose not authorized by this Terms of Service Agreement, or a purpose authorized by this Terms of Service Agreement and a purpose not authorized by this Terms of Service Agreement, and/or
      2. arising out of the terms of this Terms of Service Agreement relating to Liquidated Damages and Litigation Resource Litigation and/or GPLEC's decision or desire to enforce its rights under those terms of the Terms of Service Agreement, or GPLEC's decision or desire to claim the sums owed to it by a party or parties other than GPLEC according to the tables in those terms of the Terms of Service Agreement, and/or
      3. relating to your provision or transmission and/or distribution of user generated content that is libellous, slanderous, or defamatory.
      The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgement in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.
      The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
    2. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
    3. Exception - Litigation of Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes related to the GPLEC websites, Service, and Terms of Service, other than disputes relating to a parties accessing the GPLEC websites, Service and Terms of Service, for a purpose not authorized by the Terms of Service Agreement or a purpose authorized by the Terms of Service Agreement and a purpose not authorized by the terms of Service Agreement, and/or the Liquidated Damages or Litigation Resource Equalization terms of the Terms of Service Agreement, or your provision or transmission and/or distribution of user generated content that is libellous, slanderous, or defamatory through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
    4. Thirty Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this section by sending written notice of your decision to opt-out to the following address:
      GPLEC
      226 Avenue E. South
      Saskatoon, Saskatchewan,
      S7M 1R9
      Attn: General Counsel.
      The notice must be sent within thirty (30) days of the date of your first visit to a GPLEC website and the information therein or thereon, and the Service -- in accordance with the terms of GPLEC's Privacy Policy GPLEC captures and logs the IP addresses of all parties who access the GPLEC websites and Service, as well as the date(s) on which a party or the parties, have accessed the GPLEC website and Service, and maintain the logs for as long as GPLEC believes may, for reasons of a legal nature, be required -- otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, GPLEC also will not be bound by them.
  26. Special Provisions for Users Located Outside of Saskatchewan, Canada. GPLEC&339;s policies and procedures are based on Canadian law. Except where legal principles of territorial jurisdiction dictate otherwise, the provisions of this Terms of Service Agreement shall be construed and interpreted in accordance with Canadian rules of legal interpretation.
  27. HT Access IP Address Blocking of Service Users.

    Notwithstanding the arbitration term of this Terms of Service Agreement, GPLEC has the express right to block any service user from providing user-generated content, or accessing the Service or any part thereof, any GPLEC website or all GPLEC websites, as GPLEC seems fit, if the Service User accesses the service for a purpose not authorized by the Terms of Service or a purpose authorized by the Terms of Service and a purpose not authorized by the terms of service, engages in conduct which GPLEC in its sole discretion concludes is or was intended at harming GPLEC or its financial interests, engages in conduct which GPLEC in its sole discretion concludes is or was intended at harming other Service users or the financial or emotional well being of same, engages in conduct which GPLEC in its sole discretion concludes is or was intended at harming parties who obtain licences to distribute content from GPLEC or are GPLEC's franchisees or the financial interests of these parties, or submits as user generated content content that is prohibited by the terms of this Terms of Service Agreement or that violates the intellectual property rights or copyright of GPLEC or the copyright of any third party, without notice or liability.
    Any party whose access to the GPLEC Service or a GPLEC website or websites is terminated under this clause continues to have the obligations set out in this Agreement respecting content she or he provides or has provided to the ERW8STN.COM or ERW8YXE.COM website, or any other website GPLEC owns or operates, and remains subject to the limitation of liability, arbitration, copyright, licencing, liquidated damages, waiver, estoppel, litigation resource equalization, indemnification and limitation of class action terms, of this Terms of Service Agreement.

  28. Notices. Except explicitly stated elsewhere in this Terms of Service Agreement, legal notices shall be served:
    on GPLEC at their registered office in Saskatoon, Saskatchewan,
    upon an artificial person or corporation or company created under the Saskatchewan Business Corporations Act or its successor legislation at the address of the registered office of that artificial person, corporation or company, in Saskatchewan,
    upon an artificial person or corporation or company created by any national, provincial, state or nation-state equivalent under legislation similar in scope, substance or effect to Saskatchewan's Business Corporations Act or its successor legislation, upon the registered address for service of the artificial person or corporation or company in the national, provincial, state or nation-state equivalent,
    of an artificial person that is a crown or state corporation on any business office of the artificial person in Canada or in the national, provincial, state or nation-state equivalent of the national, provincial, state or nation-state equivalent that created the crown or state corporation,
    upon any any national, provincial, state or nation-state, government, including the government of Canada, at any government office or Embassy of the national, provincial, state or nation-state, government in Canada, or in the nation, province, or state, intended to be served by leaving or sending the notice to any employee of the government in any government office of that nation, province or state,
    upon a real person at what is determined to be their home residence or domicile after correlating information respecting the IP address of the Service user, GPLEC website page viewer, or user generated content provider, with information as to the location and identity of the Service user, GPLEC website page viewer, or user generated content provider, obtained from the Service user's, GPLEC website viewer's, or user generated content provider's ISP, where GPLEC can obtain this information from the ISP by subpoena or otherwise,
    upon a real person at what is determined to be their home residence or domicile after correlating information respecting the IP address of the Service user, GPLEC website page viewer, or user generated content provider, with information as to the location and identity of the Service user, GPLEC website page viewer, or user generated content provider, (with results from internet based searches) when the Service user's, GPLEC website viewer's, or user generated content provider's ISP won't honour a subpoena issued by the Saskatchewan Court of Queen's Bench,
    upon any real or artificial person however created when the real or artificial person uses a proxy server to attempt to mask their IP address and true geographic address at any address or email address of that real or artificial person that they are able to obtain from the company providing the proxy service or software that has allowed the real or artificial person to utilize the service, or by placing a newspaper advertisement in a newspaper published in any city the real or artificial person is known to reside or conduct business operations, and
    upon any real or artificial person who has provided GPLEC with their email address if they have created a user account with GPLEC or provided GPLEC with their email address and identity in order to enter a GPLEC contest or promotion. Notice to such a party shall be deemed given forty-eight hours after the email is sent if it does not bounce back to GPLEC's email inbox within that 48 hour period.
  29. Assignability. You may not assign or delegate any right or obligation you have under these Terms of Service, whether by operation of law or otherwise, without the prior written consent of GPLEC. GPLEC may assign or delegate any right or obligation under these Terms of Service, whether by operation of law or otherwise, without your consent.
  30. Waiver GPLEC's failure to exercise or enforce any of these Terms of Service or to act with respect to a breach by you or others will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches.
  31. Estoppel . GPLEC's failure or refusal to exercise or enforce any of the rights and remedies it has pursuant to, or under, the terms of this Terms of Service Agreement, including but not limited to the term that gives GPLEC a right to claim as liquidated damages, the damages outlined in the Liquidated Damages term of this Terms of Service Agreement or Litigation Resource Equalization term of this Terms of Service Agreement, against you or any other party or parties, that acts, or has acted in contravention, or violation, of a term or terms of this Terms of Service Agreement, including but not limited to the term restricting the purposes to which you or other parties are permitted, allowed or authorized, to access GPLEC websites(s), does not create an estoppel that prevents GPLEC from enforcing or exercising its rights against you under this Term of Service Agreement, or any term or clause thereof, including but not limited to the aforesaid Liquidated Damages or Litigation Resource Equalization term, at any time, as it sees fit.
  32. Hospitals and hospital employees and lawfully authorized agents, additional permitted purposes for which you may access GPLEC websites or the GPLEC service. In addition to the purposes for which a party is authorized to view and access GPLEC webpages, and Service, by the terms of this Terms of Service Agreement which pertain to the purposes for which an individual, company, crown or state corporation, or government or government organization or agency, may lawfully access and view GPLEC webpages and the service, according to this Terms of Service Agreement, hospitals, and hospital employees and lawfully authorized agents whose agency is created with a written contractual agreement, where the hospital is a private corporation, and government health organizations or agencies responsible for the operation of hospitals or a hospital, where government agencies operate a hospital or hospitals, with emergency rooms, whose emergency room wait times information is reported on through or by the service, on a GPLEC webpage (html, xhtml or mobi) or through a smart phone app, or the employees or lawfully authorized agents whose agency is created with a written contractual agreement, of the government or government organization or agency, may also access the service and GPLEC webpages to:
    1. provide wait times information respecting the emergency room wait times at the hospitals they operate, or work for or on behalf of,
    2. to provide corrective information where they feel that the information the service provides is providing an incorrect or misleading impression of the actual hospital emergency room wait times at a hospital they operate, work for, or represent,
    3. obtain consumer feedback concerning the emergency room services the hospital provides,
    4. obtain wait times information pertaining to hospital emergency room wait times at hospital emergency rooms operated or owned by a company or companies, or a health organization or agency or health organizations or agencies, other than itself, or
    5. obtain consumer opinions of hospitals and hospital emergency room wait times at hospitals and/or hospital emergency rooms operated or owned by a company or companies, or a health organization or agency or health organizations or agencies, other than itself, if such information is available.
  33. Liquidated Damages . The parties agree and understand that the GPLEC websites, including but not limited to the GPLEC homepage and Service and this Terms of Service Agreement, are:
    the tangible consequence of the implementation of concepts, conceptions, ideas, plans, goals, business plans, thought, forethought, vision, big picture thinking, achievements, inventions, source code including but not limited to html and xhtml and css, computer scripts and/or databases developed or modified by GPLEC or its agents or employees, and procedures and processes developed by or modified or implemented by GPLEC in a way that is new, original and unique,
    intellectual property created by GPLEC or legally acquired by GPLEC, and therefore presently owned by GPLEC, and
    may indicate, show, suggest and/or disclose that GPLEC may have plans, conceptions, ideas, goals, and/or business plans, for other services, related to the provision of wait times information in various professions, industries, services, etcetera or otherwise,
    may hint at, or suggest the provision of other wait times information services or endeavours that GPLEC may or may not have already thought of, and may or may not already have plans or an intention to provide
    agree and acknowledge that GPLEC has plans, conceptions, ideas, goals, and/or business plans, for other services, related to the provision of wait times information in various professions, industries, services, etcetera or otherwise, in Canada and the United States of America and other countries on earth,
    agree and acknowledge that GPLEC hereby states that GPLEC has plans for other services and websites related to the provision of wait times information in, or relating to, various professions, industries, services, activities, etcetera in Canada and the United States of America and other countries on earth, that they have been duly informed that GPLEC has plans for other services and websites related to the provision of wait times information in, or relating to, various professions, industries, services, activities, etcetera in Canada and the United States of America and other countries on earth, and it is therefore to the utmost importance of GPLEC that those who access the GPLEC website and service only do so for the purposes they are authorized to access the GPLEC website and service under this Terms of Service Agreement.
    The parties further agree and acknowledge that accessing the GPLEC website and service for a purpose not authorized or allowed by the Terms of Service Agreement, or for a purpose allowed or authorized by the Terms of Service Agreement and a purpose not authorize or allowed by the Terms of Service Agreement, could cost GPLEC real, tangible and irreversible financial harm including but not limited to lost business, lost business opportunities, lost profit or profits, future loss of profit, lost licencing opportunities, loss of reputation, loss of recognition and public esteem, loss of future recognition and public awards and rewards, and considerable financial and emotional stress.
    The parties further agree and acknowledge that the amount of damage that they can do to the financial interests and future interests of GPLEC can not be properly remedied with injunctive relief.
    The parties further agree and acknowledge that the amount of damage that they can do to the financial interests and future interests of GPLEC will depend upon, and/or can be viewed as a function of, the resources the parties have at their disposal. The more resources a party at its disposal, the faster it can implement and popularize wait times information services in, or relating to, various professions, industries, services, activities, etc., that GPLEC intends or plans to provide wait times information services in relation to, and the more harm to GPLEC's interests it will cause, in Canada and the United States and in countries on and around the planet earth. A company with global operations and/or the assets, revenues, work force and annual sales of a Walmart, Google, Amazon, Apple, PetroChina, Facebook, China Mobile, Samsung or Well Fargos, can do a lot more damage to GPLEC's interests and violate GPLEC's intellectual property rights in a much greater way and to a much greater extent, than a company with a couple of employees or a sole proprietorship.

    Violating Party
    Asset Value/Market Capitalization, or Annual Sales (most recent financial statement), or Income (last filed tax return) Liquidated Damages
    >500 billion USD >250 billion USD $125 billion USD
    >250 billion USD >100 billion USD $55 billion USD
    >100 billion USD >50 billion USD $15 billion USD
    >50 billion USD >25 billion USD $5.5 billion USD
    >25 billion USD >10 billion USD $2.5 billion USD
    >10 billion USD >5 billion USD $900 million USD
    >1 billion USD >500 million USD $250 million USD
    >500 million USD >250 million USD $120 million USD
    >250 million USD >100 million USD $49 million USD
    >100 million USD >50 million USD $12 million USD
    >50 million USD >25 million USD $5.25 million USD
    >25 million USD >10 million USD $2.15 million USD
    >10 million USD >5 million USD $890,000.00 USD
    >1 million USD >500,000.00 USD $245,000.00 USD
    >500,000.00 USD >250,000.00 USD $105,000.00 USD
    >250,000.00 USD >100,000.00 USD $55,000.00 USD
    >100,000.00 USD >50,000.00 USD $20,000.00 USD
    >50,000.00 USD >10,000.00 USD $10,000.00 USD
    >10,000.00 USD >5,000.00 USD $5,000.00 USD
    0.00 USD to 9,999.99 USD 0.00 USD to 4,999.99 USD $2,500.00 USD

    The parties further agree that as the above table represents a true and accurate estimation of the damage they will cause GPLEC by accessing GPLEC websites and the service for a purpose not authorized by this Terms of Service Agreement, or for a purpose authorized by this Terms of Service Agreement and a purpose not authorized by this Terms of Service Agreement, they will pay as liquidated damages to GPLEC the sum they are required to pay to GPLEC under the above table, according to their asset value or annual sales value or income, forthwith upon demand.
    The parties further agree that where as a result of the above table, they are by virtue of their market capitalization or asset value, and annual sales, in more than one categorization, such that there is under the table, more than one liquidated damages sum that is duly payable, the true measure of the liquidated damages owed to GPLEC for accessing the GPLEC websites, services and Terms of Service Agreement for a purpose not authorized by the Terms of Service Agreement, or for a purpose authorized by the Terms of Service Agreement and a purpose not authorized by the Terms of Service Agreement, is, and shall be taken to be, the larger of the two sums, and the offending party will pay to GPLEC for its violation of the Terms of Service terms respecting the purposes for which they are allowed to access the GPLEC website, service and Terms of Service Agreement, the liquidated damages owed to GPLEC under this clause of this term of the Terms of Service Agreement, forthwith upon demand.
  34. Litigation Resource Equalization.
    The parties agree and understand that GPLEC may have to resort to litigation against them to protect the rights it has under this Terms of Service Agreement, or under the law of any country GPLEC operates, plans or intends to operate, in, pursuant to legislation or the common law or its equivalent, in that country, to protect its intellectual property rights and economic interests, in the concepts, designs, plans, source code, computer scripts, css, html code, and terms in the Terms of Service Agreement, disclosed by or hinted at by the GPLEC websites, service and terms of the Terms of Service Agreement, or otherwise, or to seek indemnification according to the terms of this Terms of Service Agreement, where a user provides defamatory or false content, or otherwise, or that they may end up in litigation, civil or criminal, with GPLEC, as a result of their accessing the GPLEC websites, service or Terms of Service Agreement for a purpose not authorized by the terms of this Terms of Service Agreement, or a purpose authorized by the terms of this Terms of Service Agreement and a purpose not authorized by the terms of this Terms of Service Agreement, or otherwise.
    The parties further agree that in many, if not most, countries of the world, the outcome of litigation, civil or criminal, including but not limited to, law suits in courts of civil jurisdiction pertaining to theft or wrongful use of intellectual property, is often less a consequence of the facts, or facts of the matter, in dispute or otherwise, and the application of the law, including international treaties and trade covenants, or the correct and appropriate law(s), to the facts, or facts of the matter, in dispute, and the correct and proper interpretation and/or implementation of the terms of a contract between the parties, including but not limited to a contract that is a Terms of Service Agreement or whose terms are terms of a Terms of Service Agreement, or contracts that are Terms of Service Agreements, or whose terms are terms in a Terms of Service Agreement, or of equity, fairness and justice, than it is of the resources that the litigants, parties to the legal action, plaintiff, defendant or parties to the civil or criminal proceeding, own and have at their disposal, as these resources allow the parties to employ legal firms of varying size and skill or prestige, barristers and attorneys and/or solicitors of varying skill and reputation, private investigators, legal researchers, expert witnesses, and even public relations firms that can use public relations techniques to manipulate public and judicial opinion. The more resources a party has, and has at its disposal when matters are brought for adjudication before the courts, civil or criminal, of a country, or jurisdiction in a country, the better the legal firms, the more skilled and persuasive barristers and attorneys and/or solicitors, the more adept and efficient and skilled legal researchers, and the more likely they are to be able to employ expert witnesses, private investigators, and public relations firms to assist their lawyers and barristers in getting the judge or jury in the legal action, judicial proceeding, litigation, or civil or criminal cause or case, to render a verdict or reach a decision, that is to their favour or advantage, and to the disadvantage and/or detriment of, the other party to the legal action, judicial proceeding, litigation, or civil or criminal cause or case. The parties further agree that the outcome of litigation and legal proceedings in which the parties have vast differences in resources, and in the resources they have at their disposal to devote to litigation and/or a judicial or legal proceeding, litigation, or civil or criminal cause or case, including the hiring of legal firms, lawyers and/or attorneys and/or solicitors and barristers, expert witnesses, private investigators and public relations firms can culminate in verdicts that are so contrary to or against notions of fairness, justice, equity, and even the public interest - short or long term, as well as against the interests of the party with fewer resources at its disposal to devote to litigation and/or a judicial or legal proceeding, litigation, or civil or criminal cause or case, as to be perverse and offend human sensibilities.
    The parties further agree that as GPLEC does not presently have a lot of resources at its disposal that it can devote to litigation, legal action, judicial proceeding, or civil or criminal cause or case, as the hospital emergency room wait times service and hospital emergency wait times websites it owns as part of its intellectual property, are scalable and/or reproducible in cities and communities throughout the world, and its countries and regions, and as the intellectual property of GPLEC that are GPLEC's ideas and plans to provide user content provided waittimes information for other services, occupations, professions, trades, and even, but not limited to, third party product availability, and to create websites and provide wait times information and a service similar to the hospital emergency rooms waittimes service, for other services, occupations, professions, trades, and even, but not limited to, third party product availability, in cities and communities in Canada, the United States, and other countries and regions of the world, now or in the future existing, or in the future existing as floating cities on the earth's oceans and seas or as man-made colonies or cities on the moon, Mars, or other planetary bodies or asteroids in the solar system, or as star orbiting colonies and space stations in the solar system, and that GPLEC hereby discloses, and has hereby disclosed, that the resources GPLEC has at its disposal are, and will for the foreseeable future and a period of not less than the next five years, be devoted to expanding the hospital emergency rooms wait times information and service it is implementing at erw8yxe.com and erw8stn.com, and other GPLEC owned domains and websites, including .mobi websites, that redirect to erw8yxe.com or erw8stn.com, to other cities and communities in Canada, the United States and other cities and communities on earth, and in its various countries and regions, and to providing user generated wait times information and a waittimes information service, similar to the hospital emergency rooms waittimes service, for other services, occupations, professions, trades, and even, but not limited to, third party product availability, in cities and communities in Canada, the United States, and other countries and regions of the world, and as the parties, or party, do not want any litigation, legal action or judicial proceeding between them, or civil or criminal cause or case other than a matter to which the arbitration term of this Terms of Service Agreement, individually or collectively where the case requires, and GPLEC, to culminate in a verdict that is manifestly unfair or perverse, and a consequence of the disparity in resources that they, individually or collectively where the case requires, and GPLEC have at their disposal to use in the litigation, legal action, judicial proceeding, or civil or criminal cause or case, the parties will pay to GPLEC, should there be litigation, a legal action or judicial proceedings, or civil or criminal cause or case, between them individually or collectively, and GPLEC, they will prior to the commencement of the litigation, legal action, judicial proceeding, or civil or criminal cause or case, if they are the party commencing the litigation, legal action, judicial proceeding, or civil or criminal cause or case, or forthwith upon receipt of a written letter or typed email message to them from GPLEC, where GPLEC is the party commencing the litigation, legal action, judicial proceeding, or civil or criminal cause or case, advising that a legal action, judicial proceeding, or civil or criminal cause or case against the party, or parties, is being commenced, pay to GPLEC under this Litigation Resource Equalization clause, the sum indicated in the Litigation Resource Equalization table.

    Party to Litigation, Legal Action or Judicial Proceeding that is not GPLEC
    Market Capitalization/Asset Value (non state entities and/or artificial persons including corporations and state or crown corporations) or GDP (Nation States or National governments) or Average Annual Expenditures over preceding 5 years (state, provincial or regional governments) Annual Sales of artificial persons including corporations and state or crown corporations (most recent financial statement) or Income of real person (last income tax return) Amount Payable to GPLEC by Party
    >500 billion USD >250 billion USD $50 billion USD
    >250 billion USD >50 billion USD $30 billion USD
    >100 billion USD >50 billion USD $15 billion USD
    >50 billion USD >25 billion USD $5.5 billion USD
    >25 billion USD >10 billion USD $2.5 billion USD
    >10 billion USD >5 billion USD $900 million USD
    >1 billion USD >500 million USD $250 million USD
    >500 million USD >250 million USD $120 million USD
    >250 million USD >100 million USD $20 million USD
    >100 million USD >50 million USD $10 million USD
    >50 million USD >25 million USD $5.25 million USD
    >25 million USD >10 million USD $2.15 million USD
    >10 million USD >5 million USD $850,000.00 USD
    >1 million USD >500,000.00 USD $200,000.00 USD
    >500,000.00 USD >250,000.00 USD $105,000.00 USD
    >250,000.00 USD >100,000.00 USD $50,000.00 USD
    >100,000.00 USD >50,000.00 USD $20,000.00 USD
    >50,000.00 USD >10,000.00 USD $7,000.00 USD
    >10,000.00 USD >5,000.00 USD $2,500.00 USD
    0.00 USD to 9,999.99 USD 0.00 USD to 4,999.99 USD $500 USD

    The parties to this Terms of Service Agreement further agree that where as a result of the above table, a party is by virtue of its market capitalization or asset value, and annual sales, in more than one categorization, such that there is under the table, more than one sum payable to GPLEC under the Litigation Resource Equalization term of this Terms of Service Agreement, the larger of the two sums payable is, and shall be taken to be, the proper sum payable to GPLEC under this Litigation Resource Equalization term of this Terms of Service Agreement.
    The party or parties to this Terms of Service Agreement further agree that as the third column of the above table represents a true and accurate estimation of the funds GPLEC requires to prosecute or defend a lawsuit, legal action, judicial proceeding, or civil or criminal cause or case, against a party with the Market Capitalization/Asset Value, GDP, Average Annual Expenditure or Annual Sales, stated in the corresponding line of either of the first two columns in the table, and receive a verdict or judgement in the lawsuit, legal action, judicial proceeding, or civil or criminal cause or case, that is fair, just, equitable, based on a consequence of the facts, or facts of the matter, in dispute or otherwise, and the fair and proper application of the law, including international treaties and trade covenants, and the correct and appropriate law(s), to the facts, or facts of the matter, in dispute, and the correct and proper interpretation and/or implementation of the terms of a contract between the parties, including but not limited to a contract that is a Terms of Service Agreement or whose terms are terms of a Terms of Service Agreement, and in the long and short term public interest, the party, or parties -- where there are joint plaintiffs or defendant to the legal action, judicial proceeding, lawsuit, litigation, or civil or criminal cause or case -- will pay to GPLEC the sum payable by the party or parties, as the case may be, to GPLEC under this Litigation Resource Equalization Clause, immediately before the party or parties, as the case may be, commence the litigation, legal action, judicial proceeding, or civil or criminal cause or case, if the party or parties, as the case may be, are commencing the litigation, legal action, judicial proceeding, or civil or criminal cause or case, and immediately after receiving a written letter or typed email message from GPLEC, where GPLEC is the party commencing the litigation, legal action, judicial proceeding, or civil or criminal cause or case, advising that GPLEC is commencing a legal action, judicial proceeding, or civil or criminal cause or case against the party, or parties, as the case may be, or notice of the legal action, judicial proceeding, or civil or criminal cause or case against the party or parties, as the case may be, is otherwise brought to the attention of the party or parties.
  35. Attempting to Circumvent the Effects of the Liquidated Damages and Litigation Resource Equalization terms.
    The parties further agree and warrant, that they will not attempt to circumvent or reduce the sums they owe to GPLEC under the liquidated damages provision of this terms of Service Agreement, or the Litigation Resource Equalization clause of this Terms of Service Agreement, by employing, clandestinely, secretly, or otherwise, an agent, or lawyer, to access the GPLEC websites, service and Terms of Service Agreement, for a purpose not authorized by the Terms of Service Agreement or for a purpose authorized by the Terms of Service agreement and a purpose not authorized by the Terms of Service Agreement.
    The parties further agree that any financial statement, or picture or digital image file of any financial statement, that shows or suggests that the party or any company that is related to, or a subsidiary of the party, has received any sort of financial remuneration for or from the operation of, a website providing crowd-sourced information, by any means or technology presently or in the future existing, in any industry, field or occupation, relating to wait times in the industry, field or occupation, in any country now or in the future existing on earth or any other planet, asteroid, comet, space station or planetary body, in the solar system or human occupied star systems in the Milky Way galaxy, shall be conclusive evidence that the party has contravened this provision of the Terms of Service agreement, in an attempt to reduce or limit the amount of money it owes to GPLEC, and its successors and assigns, under the Liquidated Damages term, or Litigation Resource Equalization clause, of the Terms of Service Agreement, and that they will, upon presentation of a copy of the financial statement or picture or digital image of any financial statement, or picture or copy or digital image of the picture or image of any financial statement, pay the sum owing to GPLEC under the Liquidated Damages or Litigation Resource Equalization terms of this Terms of Service Agreement, forthwith.
  36. The Liquidated Damages term and Litigation Resource Equalization Term of this Term of Service Agreement bind governments and/or agencies of government(s.) For greater certainty the parties to this agreement that are governments, government agencies, crown corporations, state corporations, health region boards, police or judicial agents of the government or a consortium of governments, or agents or employees of any of the forgoing, and GPLEC agree that the provisions of this terms of Service Agreement relating to Liquidated Damages, permitted purposes for which a party may access the GPLEC websites, service and Terms of Service Agreement, Litigation Resource Equalization, and attempts by any party to circumvent the operation of the Liquidated Damages or Litigation Resource Equalization terms of this terms of service agreement, or reduce the sums they owe to GPLEC under the liquidated damages provision of this terms of Service Agreement, or the Litigation Resource Equalization clause of this Terms of Service Agreement, by employing, clandestinely, secretly, or otherwise, an agent, or lawyer, to access the GPLEC websites, service and Terms of Service Agreement, for a purpose not authorized by the Terms of Service Agreement or for a purpose authorized by the Terms of Service agreement and a purpose not authorized by the Terms of Service Agreement, apply to the governments, government agencies, crown corporations, state corporations, health region boards, police or judicial agents of the government or a consortium of governments, or agents or employees of any of the forgoing, apply in like manner as they would apply to an individual, or corporation. For example, a government with 800 billion USD in assets, in a state with a gross domestic product of 250 billion USD, will owe GPLEC $125 billion USD under the Liquidated Damages clause of this Terms of Service Agreement for accessing the GPLEC websites, service and Terms of Service Agreement, for a purpose not authorized by this Terms of Service Agreement, or for a purpose not authorized by this Terms of Service Agreement and a purpose authorized by this Terms of Service Agreement. As a further example, a government, government agency, crown corporations, state corporations, health region boards, police or judicial agents of the government or a consortium of governments, or agents or employees of any of the forgoing, that has assets of over 800 billion USD, that has litigation with GPLEC, in any court, civil or criminal, in any jurisdiction on the planet Earth, or other planet, space station, comet or planetary body, in the solar system, or Milky Way galaxy, the sum that they would be obligated to pay GPLEC under the Litigation Resource Equalization clause of this Terms of Service Agreement were they an individual or private corporation with assets of 800 billion USD. engaged in litigation or judicial proceeding, with GPLEC in any court, civil or criminal, in any country now or in the future existing on earth or any other planet, asteroid, comet, space station or planetary body, in the solar system or in a human occupied star system in the Milky Way galaxy.
    The parties to this agreement that are governments, government agencies, crown corporations, state corporations, health region boards, police or judicial agents of the government or a consortium of governments, or agents or employees of any of the forgoing, further agree that for the purposes of determining how much they owe to GPLEC under the Liquidated Damages clause of this Terms of Service Agreement, for accessing the GPLEC website, service, and Terms of Service Agreement, for a purpose not authorized by this Terms of Service agreement, or a purpose authorized by this Terms of Service Agreement and a purpose not authorized by this Terms of Service Agreement, or under the Litigation Resource Equalization term of this Terms of Service Agreement, for engaging in any litigation or judicial proceeding, in any court, civil or criminal, in any country now or in the future existing on earth or any other planet, asteroid, comet, space station or planetary body, in the solar system or a human colonized star system in the Milky Way galaxy, a statement of the value of the assets held by the government in any financial statement issued by the government, or any picture or digital image file of any financial statement issued by the government, shall be taken as conclusive proof of the assets of the government, and as conclusive proof of the assets of the government of the government agency, crown corporation, state corporation, health region board police or judicial agency that accesses the GPLEC websites, service and Terms of Service Agreement, for a purpose not authorized by the Terms of Service Agreement or a purpose authorized by the Terms of Service Agreement and a purpose not authorized by the Terms of Service Agreement, or that is engaged in any litigation or judicial proceeding, in any court, civil or criminal, in any country now or in the future existing on earth or any other planet, asteroid, comet, space station or planetary body, in the solar system or a human occupied star system in the Milky Way galaxy, with GPLEC.
  37. Service of documents, image files, and demands, relating to GPLEC claims against any party or parties pursuant to the Liquidated Damages and Litigation Resource Equalization terms of this Terms of Service Agreement.
    The parties to this Terms of Service Agreement agree that GPLEC may serve documents, image files and demands, relating to GPLEC claims against any party, parties, legal person(s), real person(s), crown corporation(s), state agency or entity or government(s), pursuant to the Liquidated Damages and Litigation Resource Equalization terms of this Terms of Service Agreement, or to enforce the rights it has under the Liquidated Damages or Litigation Resource Equalization terms of this Terms of Service Agreement, or to demand payment of the sum owed to it by the party or parties, be they a legal person or persons, real person or persons, crown corporation(s), state agency or entity or government(s), under either the Liquidated Damages or Litigation Resource Equalization term of this Term of Service Agreement, in the same manner as Legal Notices may be served under term XXVI of this Term of Service Agreement.
    In addition, where GPLEC believes or suspects the party or parties, be they a legal person or legal persons, real person or persons, crown corporation(s), state agency or entity or government(s) it wishes to serve a document, image file or demand pursuant to the Liquidated Damages and/or Litigation Resource Equalization terms of this Terms of Service Agreement, or to enforce the rights it has under the Liquidated Damages and/or Litigation Resource Equalization terms of this Terms of Service Agreement, or to demand payment of the sum owed to it by the party or parties, be they a legal person or persons, a real person or real persons, crown corporation(s), state agency or entity or government(s), under either the Liquidated Damages and/or Litigation Resource Equalization term of this Term of Service Agreement, the real or artificial person or persons or governent(s), crown corporation(s) or state agency or entity, has been using a proxy server or other means to attempt to mask their IP address, and/or true geographic address and/or identity when accessing the GPLEC websites, service and Terms of Service Agreement, at any address or email address of that real or artificial person or person that they are able to obtain from the company providing the proxy service or software that has allowed or enabled the real or artificial person or person to utilize the service or access GPLEC webpages and its Terms of Service Agreement, or by placing a newspaper advertisement in a newspaper published in any city the real or artificial person(s) is known to reside or conduct business operations in, or by creating a website advising of the demand, litigation or claim, in English, Mandarin, Russian and Spanish, and identifying the party or parties against whom the litigation or claim is being made or the demand is being made of, or the wrong-doing or Terms of Service term violation the party or parties have committed.
  38. Headings. Headings are for reference purposes only and do not limit the scope or extent of such section.
  39. No Oral Modifications. Employees of GPEC are not authorized to modify the terms of this Terms of Service agreement, either verbally or in writing. If any employee of GPEC offers or purports to modify this Terms of Service Agreement, or any term thereof, he or she is not acting as an agent for GPEC or speaking on GLPEC’s behalf, and can not and will not modify the terms of this Terms of Service Agreement, the Disclaimers, Limitations of Liability or other terms therein or the Disclaimers on the aforementioned webpages. You may not rely, and should not act in reliance on, any statement or communication from an employee of the GPLEC or anyone else purporting to act on our behalf, that in any way alters, changes, or derogates from the terms of, and in, this Terms of Service Agreement.
  40. Third Party Beneficiaries. These Terms of Service are between you and GPLEC. There are no third party beneficiaries.
  41. Independent Contractor. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.
  42. Canadian, American, British, and South African English spelling equivalences . This Terms of Service Agreement was drafted in Canadian English, and uses Canadian spellings. If Canadian English is not the variant of English you use, such that the words and terms in this agreement are not spelled in the manner you are familiar with, you agree that the Canadian spellings of words will carry the meaning of the words of similar meaning in the English variant you use and are familiar with. In the event, you do not know the meaning of a Canadian spelled word in this Term of Service Agreement, you agree that it is your responsibility to contact GPLEC to obtain the meaning of the word, before you obtain emergency room wait times information from, or provide emergency room wait time information, to the service. You further agree that all words and terms of this agreement will bind you, whether you knew the meaning of these Canadian spelled words or not.
  43. International Language equivalences.This Terms of Service Agreement was drafted in Canadian English, and uses Canadian spellings. If Canadian English is not the language you use, such that the words, and terms in this agreement, and this Terms of Service Agreement, are not understood by you, you agree that this Terms of Service Agreement and the words and terms in same, will be, and are deemed to have been written in a language you are familiar with and can understand, and will carry the meanings of the words of your language that are the equivalent words in your language, that this Terms of Service Agreement, is of the same force and effect as if written in a language you can understand, and that the terms of this Terms of Service Agreement, bind you, and confer upon GPLEC the same rights respecting you, and remedies it would have against you for violating this Terms of Service Agreement, as GPLEC would have if this Terms of Service Agreement was written in a language you are familiar with. You further agree that it is your responsibility to contact GPLEC to obtain a translation of this Agreement into a language you understand, before using any information from the service, or accessing any of GPLEC's websites, and that your failure to do this will exempt you from the rights against you that GPLEC has under this agreement, nor the remedies it is entitled to against you because you violate, or have violated, a term or terms of, this Terms of Service Agreement.
  44. Copyright Notice A.
    This Terms of Service Agreement, and the provisions and terms of this Terms of Service Agreement, are the joint intellectual property of GPLEC and Jacob Zunti, Esq., the only student in the 1984 University of Saskatchewan College of Law to receive an "A" level grade in company law, the student that scored the second highest Bar Exam course score in his year of writing the Saskatchewan Bar Exams, and the law school graduate who pioneered the limitation of liability clause in Terms of Service Agreements relating to user damage claims based on the provision of competently or negligently given "help" or "support." Copyright in this Terms of Service Agreement and the provisions and terms in same is hereby jointly claimed by GPLEC and Jacob Zunti, Esq. Any unauthorized use of this Terms of Service Agreement or any term or provision thereof, is strictly prohibited, and will allow either GPLEC or Jacob Zunti to seek to enforce their copyright in this Terms of Service Agreement, or any term or provision of this Terms of Service Agreement, and the intellectual property in this Terms of Service Agreement or any of the provisions or terms thereof, against the unauthorized user, in court. Any unauthorized use of this Terms of Service Agreement, or any provision or term of this Term of Service Agreement, will also allow GPLEC to enforce against the unauthorized user of the Terms of this Service Agreement or any provision or term thereof, the rights it has under the Liquidated Damages term of this Terms of Service Agreement, or to invoke against the unauthorized user of the terms of this Terms of Service Agreement or any term or provision thereof, the remedies it has under the Liquidated Damages term of this Terms of Service Agreement, and the unauthorized user agrees to pay to GPLEC the sum required of it under this liquidated damages clause, forthwith upon demand. In essence, any unauthorized use of this Terms of Service Agreement or any term or provision thereof, is a violation of the term of this Terms of Service Agreement relating to the purposes for which a user may access a GPLEC website or the GPLEC Emergency Wait Times information service.
  45. Copyright Notice B.
    In the event copyright cannot be claimed in this Terms of Service Agreement and the provisions and terms of this Terms of Service Agreement, or that this Terms of Service Agreement and the provisions and terms of this Terms of Service Agreement are held not to be the joint intellectual property of GPLEC and Jacob Zunti, Esq., because a court of competent jurisdiction rules that terms of this Terms of Service Agreement, are in common use, or that their creation by the intellectual property claimants in same cannot be established, respectively, copyright in the terms and provisions of this Terms of Service Agreement, that are unique to this Terms of Service Agreement, and were created by Jacob Zunti, Esq., the only student in the 1984 University of Saskatchewan College of Law to receive an "A" level grade in company law, the student that scored the second highest Bar Exam course score in his year of writing the Saskatchewan Bar Exams, and the law school graduate who pioneered the limitation of liability clause in Terms of Service Agreements relating to user damage claims based on the provision of competently or negligently given "help" or "support," is hereby claimed. These provisions and terms are the joint intellectual property of GPLEC and Jacob Zunti, Esq. Any unauthorized use of the unique terms of this Terms of Service Agreement that were created, conceived of, drafted and included in this Terms of Service Agreement, by Jacob Zunti, Esq., is strictly prohibited, and will allow GPLEC or Jacob Zunti or either of them, to seek to enforce their copyright in these provisions and/or terms of this Terms of Service Agreement, and the intellectual property in any of the provisions or terms thereof, against the unauthorized user, in court. Any unauthorized use of these terms or provisions of this Term of Service Agreement, will also allow GPLEC to enforce against the unauthorized user of the terms and provisions of this Terms of this Service Agreement the rights it has under the Liquidated Damages term of this Terms of Service Agreement, or to invoke against the unauthorized user of the terms or provisions of this Terms of Service Agreement that are GPLEC's intellectual property, the remedies it has under the Liquidated Damages term of this Terms of Service Agreement. The unauthorized user agrees to pay to GPLEC the sum required of it under this liquidated damages clause, forthwith upon demand. In essence, any unauthorized use of any term or provision of this Terms of Service Agreement, that is copyrighted by this clause, or is part of the intellectual property holdings of GPLEC or is GPLEC intellectual property, is a violation of the term of this Terms of Service Agreement relating to the purposes for which a user may access a GPLEC website or the GPLEC Emergency Wait Times information service.
  46. Severability. If any provision of these Terms of Use is held to be invalid, void or unenforceable under applicable law, then the provision will be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its unenforceability, such that every other term and provision of this Terms of Service Agreement will remain, and continues, in full force and effect.
  47. Incorporation of any Disclaimers, Notices, Warnings and Limitations of Liability on GPLEC Webpages. The parties agree that any disclaimers, notices, warnings and limitations of liability that are stated or given on any GPLEC website, and the GPLEC Privacy Policy, are to the extent that they provide GPLEC with rights and protections in addition to the Disclaimers and Limitations of Liability in this Terms of Service Agreement, deemed to be part of this Terms of Service Agreement. The parties agree that it is the responsibility of the service user and user generated content provider to locate and familiarize themselves with any such Disclaimers, Notices, Warnings and Limitations of Liability and to locate and read the GPLEC Privacy policy. The parties further agree that where the GPLEC Privacy Policy or any Disclaimer, Notice, Warning or Limitation of Liability on any GPLEC website is incorporated into this Terms of Service Agreement by this term of the Terms of Service Agreement, the parties that are service users or user generated content providers, are by this term of the Terms of Service Agreement, deemed to have located and read and agreed to be bound by the Privacy Policy and the Disclaimers, Notices, Warnings and Limitations of Liability.
  48. Entire Agreement. These Terms of Service, including any Disclaimers and Limitations of Liability that are expressly stated on the websites you access when using any GPLEC owned domain name including but not limited to GPLEC’s Erw8stn.com, Erw8yxe.com, Erwaitimes,info, Erwaitimes.ca, and any and all related GPLEC owned and operated websites involved in the provision of, and creating the Service, incorporated into this Terms of Service Agreement by term XLIV of the Terms of Service Agreement, set forth the entire understanding and agreement between us with respect to the subject matter hereof. The following terms survive any termination of these Terms of Service: Term VIII (GPLEC's Intellectual Property Rights), Term IX (GPLEC's Rights in User Content and your obligations as a provider of user generated content), Term X (the liability of user generated content providers for the user generated content), Term XIII (Disclaimer of Warranties), Terms XIV and XV (Limitation of Liability), Term XX (Release), Term XXI (Indemnity), Term XXII Choice of Law and Forum), Term XXIII (Arbitration Agreement and Waiver of Class Action Remedies), Term XXXI (Liquidated Damages), Term XXXII (Litigation Resource Equalization), Term XXIII (Attempting to Circumvent), Term XXXIV (Government(s) bound under Term XXXI and/or Term XXXII), Terms XLI and XLII (GPLEC's copyright in the Terms of Service Agreement and/or terms never before stated in a Terms of Service Agreement).
  49. Contact Information. If you have any questions about these Terms of Service or your account - should you make one if and when GPLEC allows GPLEC website visitors and Service users to create accounts, you may contact us by email at or by postal mail to 226 Avenue E. South, Saskatoon, Saskatchewan, Canada, S7M 1R9, Attn: GPLEC Legal, Re: GPLEC TOS.
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