Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS
WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE
TERMS, DO NOT USE THIS WEB SITE.
- Use of Site. CANDEF
Consultants authorizes you to view and download appropriate materials at
this Web site ("Site") only for your personal, non-commercial
use, provided that you retain all copyright and other proprietary
notices contained in the original materials on any copies of the materials.
You may not modify the materials at this Site in any way or reproduce or
publicly display, perform, or distribute or otherwise use them for any
public or commercial purpose. For purposes of these Terms, any use of
these materials in any other document or on any other Web site or
networked computer environment for any purpose is prohibited. The
materials at this Site are copyrighted and any unauthorized use of any
materials at this Site may violate copyright, trademark, and other laws.
If you breach any of these Terms, your authorization to use this Site
automatically terminates and you must immediately destroy any downloaded
or printed materials. CANDEF also reserves the right to terminate your
authorization to use any services at the Site.
- User Submissions.
Other than personally identifiable information, any material,
information or other communication you transmit or post to this Site
will be considered non-confidential and non-proprietary. CANDEF will
have no obligations with respect to this information. CANDEF will be
free to copy, disclose, distribute, incorporate and otherwise use the
Communications and all data, images, sounds, text, and other things
embodied therein for any and all commercial or non-commercial purposes.
While visiting the Site, you may not: post, transmit or otherwise
distribute information constituting or encouraging conduct that would
constitute a criminal offense or give rise to civil liability, or
otherwise use the Site in a manner which is contrary to law or would
serve to restrict or inhibit any other user from using or enjoying the
Site or the Internet; post or transmit any information or software which
contains a virus, cancelbot, trojan horse, worm or other harmful or
disruptive component; upload, post, publish, transmit, reproduce, or
distribute in any way, information, software or other material obtained
through the CANDEF Site which is protected by copyright, or other
intellectual property right, or derivative works with respect hereto,
without obtaining permission of the copyright owner or rightholder.
- Privacy. CANDEF
cannot ensure or guarantee privacy for users. It is therefore
recommended that this service not be used for the transmission of
confidential information. Any such use shall be at the sole risk of the
user, and CANDEF and its affiliate and related companies shall be
relieved of all liability in connection therewith.
- Links To Other Web Sites.
Any links to third party Web sites on this Site are provided solely as a
convenience to you. If you use these links, you will leave this Site.
CANDEF has not reviewed all of these third party sites and does not
control and is not responsible for any of these sites or their content.
Thus, CANDEF does not endorse or make any representations about them, or
any information, software or other products or materials found there, or
any results that may be obtained from using them. If you decide to
access any of the third party sites linked to this Site, you do this
entirely at your own risk.
- Limitation of Liability.
CANDEF takes no responsibility for the accuracy or validity of any
claims or statements contained in the documents and related graphics on
the Site. Further, CANDEF makes no representations about the suitability
of any of the information contained in software programs, documents and
related graphics on the Site for any purpose. All such software
programs, documents and related graphics are provided without warranty
of any kind. In no event shall CANDEF be liable for any damages
whatsoever, including special, indirect or consequential damages,
arising out of or in connection with the use or performance of
information available from the service.
- Recourse. If you are
dissatisfied with the Site or with any terms, conditions, rules,
policies, guidelines, or practices of CANDEF in operating the Site, your
sole and exclusive remedy is to discontinue using the Site.
- Indemnity. You agree
to defend, indemnify and hold CANDEF and its affiliate and related
companies harmless from any and all liabilities (including without
limitation, those resulting from lost profits, lost data, or business
interruption), costs and expenses, including reasonable attorneys' fees,
arising out of the use, inability to use, or results of use of this
site, any web sites linked to this site, or the materials or information
or services contained at any or all such sites, whether based on
warranty, contract, tort or any other legal theory and whether or not
advised of the possibility of such damages. If your use of the
materials, information or services from this site results in the need
for servicing, repair or correction or equipment or data, you assume all
costs thereof. This limitation of liability also covers any Violation of
this Agreement by you or users of your account, or in connection with
the use of the Site or the Internet or the placement or transmission of
any message, information, software or other materials on the Site or on
the Internet by you or users of your account.
- Disclaimer. THE
MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS
IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY. CANDEF further does not warrant the accuracy
and completeness of the materials or services at this Site. CANDEF may
make changes to the materials and services at this Site, or to the
products and prices described in them, at any time without notice. The
materials and services at this Site may be out of date, and CANDEF makes
no commitment to update the materials and services at this Site.
This Agreement, including any and all documents referenced herein,
constitute the entire agreement between CANDEF and you pertaining to the
subject matter hereof. CANDEF's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as
a waiver of any provisions or right. If any of the provisions contained
in this Agreement be determined to be void, invalid or otherwise
unenforceable by a court of competent jurisdiction, such determination
shall not affect the remaining provisions contained herein. This
Agreement shall be governed by and construed in accordance with the laws
of the province of Ontario and the federal laws of Canada applicable
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