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:
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.
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.
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:
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:
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.
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.
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.
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.
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.
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 |
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 |