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In using the Services, Sites and Software, you, the customer or purchaser or visitor, authorizes the Company to communicate with them by email. By communicating through the Services, Sites or Software, or submitting any application, inquiry or request, you are consenting to our use of your email as a method of communication. The customer or purchaser releases Company from any liability in relation to its submission of information in the event there is a privacy or security issue.
The Company may log and retain access information for you such as: the time of usage and IP addresses from all persons that enter their proprietary Services, Sites and Software. You, the customer or the purchaser or the visitor, agree that you will be the authorized person to access any account or login system that may be provided now or in the future by the Company, and that, unless you provide other notice, only you will use the Services, Sites and Software.
You confirm that you: have decided to enter the Sites, and to use our Services and Software at your own risk; and further acknowledge and agree that neither the Company, nor any of our agents and representatives, have at any time in the past represented or communicated to you directly or indirectly any guarantees.
In the event that you have provided Company with false or misleading information, we reserve the right to cancel your access to the Services, Sites and Software, and any agreements that we may have with you. The Company also reserves the right to cancel or refuse service to anyone, including yourself, that may be threatening, harassing, abusive, rude, or unprofessional to any of our staff, representatives or agents.
If your access to the Services, Sites and Software is cancelled, you will no longer have access to any account or login system, or access to any or all information or content that may be contained at the Services, Sites and Software. This information or content may be deleted by the Company in their sole discretion, and the Company accepts no liability for any deleted information or content. Further, any information or content collected by the Company with respect to you is deemed to be the Company’s property.
The programs and products, including data and information, available from the Company or through the Services, Sites and Software is provided “as is” and “as available”; and all warranties, whether express or implied, are disclaimed including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose. The programs, products, data and information available from the Company, or through the Services, Sites and Software, may contain errors, problems, or other limitations.
You agree that the sole and entire maximum liability of the Company for any inaccuracy in their programs, products, data or information for any reason; and your sole and exclusive remedy for any cause whatsoever; shall be limited to the amount that may have been paid by you to the Company for the programs and products received, including the data and information.
The Company is not liable to you for any indirect, special, incidental, or consequential damages (including but not limited to damages for loss of business, loss of profits, litigation, or the like) for programs and products (including but not limited to data and information) available from the Company, or through the Services, Sites and Software provided by the Company; irrespective of whether those damages are asserted based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, and even if the Company have been advised of the possibility of such damage.
You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between us, the Company and you, the customer or the purchaser or the visitor.
All responsibility and liability for any damages caused by viruses contained within electronic files or otherwise with the Services, Sites and Software are disclaimed by the Company. The Services, Sites and Software provided by the Company may be used by you for personal, commercial, and informational purposes, as the case may be, in accordance with the terms and conditions contained here.
You recognize that the Services, Sites and Software; and any communications from the Company to you including all related data and information; are considered confidential and proprietary information; and that any disclosure of such data and information by you is strictly prohibited. Any expense incurred by us as a direct or indirect result of disclosing such data and information will be paid by you. This shall include full indemnification for any and all expenses incurred by the Company.
All updates, improvements, modifications, enhancements, and information related to our Services, Sites and Software are proprietary; and all rights, including copyright, are owned by us. You further acknowledge that you have been advised that the information on the Services, Sites and the Software - including the programs, codes, updates, improvements, modifications, enhancements, and information related to installation - constitutes a trade secret of ours; is protected by civil and criminal law, and by the law of copyright; is valuable and confidential to us; and that its use and disclosure must be carefully and continuously controlled by you.
The Company shall at all times retain title to all Services, Sites and Software and all related information, including all updates, improvements, modifications and enhancements that have been furnished to you. The Services, Sites and Software supplied are solely for your use. You agree to notify us immediately if you obtain information as to any unauthorized possession, use or disclosure of any of our Services, Sites or Software by any person or entity, and further agree to cooperate with us in protecting our proprietary rights. Unless agreed to by us in writing, our Services, Sites and Software may be used only by you.
The Company provides Services, Sites and Software for online use, and in certain instances for downloading; and their use by you and others may be subject to fees. You agree not in any way to translate, de-compile, reverse engineer, disassemble, modify, rent, replicate, reproduce, lease, lend, license, distribute, market, sell or otherwise dispose of any portion of the Services, Sites and Software. We reserve the right to modify or discontinue our Services, Sites and Services at any time without any notice to you.
You are responsible for all charges incurred while accessing our Services, Sites and Software. You acknowledge and agree that the Company shall not be liable for any decision made or action taken by you or any others based upon reliance on data or information or materials obtained through use of our Services, Sites or Software. In no case shall our directors, officers, employees, affiliates, agents, or contractors be liable for any direct, indirect, incidental, exemplary, special or consequential damages arising from your use of our Services, Sites or Software. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the extent permitted by law.
We do not endorse, warrant, or guarantee any third party product or service offered or otherwise accessed while using our Services, Sites and Software. Our Services, Sites and Software are provided on an “as is” and “as available” basis without warranty of any kind, express or implied for any third party product or service You hereby release us from any and all obligations, liability and claims in this or any regard; and expressly agree that the use of the Services, Sites and Software, including any third party product or service, is at your sole risk.
You agree and warrant that the contact information you provide us is complete and accurate; and, further, agree to notify us within ten days of any change to any such contact information. Contact information includes your name, mailing address, telephone number, and e-mail.
You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the Canada and throughout the world, to reproduce and disseminate, via the Internet, all data and information transmitted to or from our servers.
You agree and warrant that no data or information transmitted by you while using our Services, Sites or Software will contain any material which is harmful, discriminatory, violent, threatening, abusive or hateful. You further agree not to transmit data or information which is libelous, slanderous, defamatory, or in violation or infringement of any common law or statutory right or any other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights.
You agree and warrant that you shall not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of spamming. You agree and warrant that we reserve the right to block mail from any source which we believe, in our sole discretion, is being used to send such unsolicited e-mail, including but not limited to open mail relays. You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of our Services, Sites and Software.
You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses, employees and persons associated with your use of our Services, Sites and Software; and that no taxing authorities shall have any claim against us or any affiliated persons for the payment of taxes.
You agree to comply with all Canadian federal, provincial and municipal laws and requirements, as well as any international laws and requirements, while using our Services, Sites and Software. You also agree to abide by all federal, provincial, territorial and local laws and requirements, as well as international laws and requirements, regarding online conduct and acceptable content. Specifically and in particular, you agree to comply with all applicable laws and requirements regarding the transmission, security and privacy of technical data and personal information within and external to Canada.
You confirm that you have decided to enter our Sites and use our Services and Software at your own risk; and further acknowledge and agree that none of us, our agents and representatives have at any time in the past represented to you directly or indirectly, or in any manner communicated to you, any guarantees for the Services, Sites and Software.
You agree that: we have no control over any of our public free or paid web pages; we are not responsible for any use by a third party in regards to what they transmit to you or any other person connected to you in any form; and we cannot be held responsible for such use or actions by any third parties. You agree that you use our Services, Site and Software at your own risk, and that any causes of action that arise from their use are not our responsibility; and any expenses incurred by our company defending any such claims shall be reimbursed by you to us. This includes any expense related to us defending claims associated with you, or as a direct result of you.
After cancellation of our Services, Site and Software for any reason, you agree that you will no longer have access to the Services, Site and Software, or to any account or any content or any other data or information, including but not limited to: e-mails, web pages, CGI scripts, log files, databases, or other data files. This information may be deleted in the Company’s sole discretion; and we accept no liability for any or all deleted information or content. Additionally, you agree that we will not be held to any obligations in regards to the reproduction of information or support for you or any third parties.
The Services, Site and Software may contains links to other third party Internet websites. These links are provided solely as a convenience to you, and are not endorsements of any programs, products, services, data or information in such websites; and no information in any such website has been endorsed or approved by us. These third party websites may also contain opinions and viewpoints of third parties that do not necessarily coincide with our opinions and viewpoints. Those sites may also have privacy policies different than our Privacy Statement.
While the Company may have provided links to other third party websites, you should understand that this does not mean that we have looked at all those third party web sites, that we have checked the third party websites out, or that we in any endorse the third party web sites. We disclaim any responsibility if some websites if you link to has programs, products, services, data or information that is inaccurate, in error, or offends you in any way.
By using the Services, Site and Software, you consent to our collection and use of your personal information as described in our Privacy Statement, which is referentially incorporated here. If we change our privacy policies and procedures, we will the post the revised Privacy Statement to the Site, so you are aware on an ongoing basis of the information we collect, how we use it and under what circumstances we may disclose it.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services, Sites and Software are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Services, Sites and Software, except as explicitly allowed, by us is strictly prohibited.
You do not acquire ownership rights to any content, document or other materials viewed through the Services, Sites and Software. Further, the posting of information or materials on the Services, Sites and Software does not constitute a waiver of any right in such information and materials; and some of the content on the site may be the copyrighted work of third parties.
The Services, Sites, Software include our service marks or registered service marks or trademarks. Other product and company names mentioned on the Services, Sites and Software may be trademarks of their respective owners.
We may make available through the Services, Sites and Software sample and actual forms, checklists, documents and macros (collectively the Documents). All Documents and the related Services, Sites and Software are provided on a non-exclusive license basis only for your one-time use for individual or commercial purposes as the case may be, without any right to re-license, sub-license, distribute, assign or transfer such license. Documents may be provided for a charge, and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, correctness, accuracy, and/or appropriateness. The Documents are provided “as is”, “as available”, and with “all faults”, and we and any provider of the Documents disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose.
Data and information contained in or on or from or made available through the Services, Sites and Software is not intended to and does not constitute any accounting, business, financial or legal or any form of professional advice or opinions or recommendations, and no legal relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the data and information contained in or linked to the Services, Sites and Software. Your use of the data and information in or on or from or made available through the Services, Sites and Software; and your use of any materials linked to the Services, Sites and Software is entirely at your own risk.
The Services, Sites and Software may contain advertising, marketing and sponsorships. Advertisers, marketers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with all applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the materials of advertisers, marketers and sponsors.
The Company does not represent or warrant that the Services, Sites and Software will be error-free, free of viruses or other harmful components, or that any defects will be corrected in a timely manner or ever. We do not represent or warrant that any data, documents, information or other content available on or through the Services, Site and Software will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any data, documents, information or other content appearing on the Services, Sites and Software.
Third party content may appear on the Services, Sites and Software or may be accessible via links from the Services, Sites and Software. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Services, Sites and Software. You understand that the information and opinions in the third party content may represent solely the thoughts of the author; and is neither endorsed by us nor does it necessarily reflect our belief.
We reserve the right to investigate complaints or reported violations and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.