Pursuant to
Canadian Provincal & Federal
Laws the following is a
statement of your legal rights.
Terms Of Use
& Service
IMPORTANT! THESE
TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED
BY OUR COMPANY.
BY ACCESSING THIS
SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE
TERMS OF USE.
THESE TERMS OF
USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR
USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR
ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE
CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY
CHANGES.
Access
To This Site
YOU
MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU
ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS
WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE
OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS
WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT
MONITORED AS DOING SO.
To
access this site or some of the resources it has to offer, you may be
asked to provide certain registration details or other information. It
is a condition of your use of this site that all the information you
provide on this site will be correct, current, and complete. If
our Company
believes the information you provide is not correct, current, or
complete, we have the right to refuse you access to this site or any of
its resources, and to terminate or suspend your access at any time,
without notice.
Restrictions
On Use
You may
use this site
for purposes expressly permitted by this site. You
may not use this site for any other purpose, including any commercial
purpose, without our Company's
express prior written consent.
For example, you
may not (and may not authorize any other party to)
(i) co-brand this site, or (ii) frame this site, or (iii)
hyper-link to this site, without the express prior written permission
of an authorized representative of our Company.
For
purposes of these Terms of Use, "co-branding" means to display a name,
logo, trademark, or other means of attribution or identification of any
party in such a manner as is reasonably likely to give a user the
impression that such other party has the right to display, publish, or
distribute this site or content accessible within this site. You
agree to cooperate with our Company
in causing any unauthorized co-branding, framing or hyper-linking
immediately to cease.
Proprietary
Information
The
material and content
(hereinafter referred to as the "Content") accessible from this site,
and any other World Wide Web site owned, operated, licensed, or
controlled by our Company
is the proprietary information of our Company
or the party that provided the Content to our Company,
and our Company
or the party that provided the Content to our Company
retains all right, title, and interest in the Content.
Accordingly,
the Content may not be copied, distributed, republished, uploaded,
posted, or transmitted in any way without the prior written consent of
our Company,
or unless authorized in writing elsewhere on our site, except that you
may print out a copy of the Content solely for your personal use. In
doing so, you may not remove or alter, or cause to be removed or
altered, any copyright, trademark, trade name, service mark, or any
other proprietary notice or legend appearing on any of the Content. Modification
or use of the Content except as expressly provided in these Terms of
Use violates our Company's
intellectual property rights.
Neither title nor
intellectual property rights are transferred to you by access to this
site.
Hyper-Links
This site
may be
hyper-linked to other sites which are not maintained by, or related to,
our Company. Hyper-links
to such sites are provided as a service to users and are not sponsored
by or affiliated with this site or our Company.
Our
Company
has not reviewed any or all of such sites and is not responsible for
the content of those sites.
Hyper-links are
to be accessed at the user's own risk, and our Company
makes no representations or warranties about the content, completeness
or accuracy of these hyper-links or the sites hyper-linked to this site. Further,
the inclusion of any hyper-link to a third-party site does not
necessarily imply endorsement by our Company
of that site.
Submissions
You
hereby grant to our Company
the royalty-free, perpetual, irrevocable, worldwide, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, and display all
content, remarks, suggestions, ideas, graphics, or other information
communicated to our Company
through this site (together, hereinafter known as the "Submission"),
and to incorporate any Submission in other works in any form, media, or
technology now known or later developed. Our
Company
will not be required to treat any Submission as confidential, and may
use any Submission in its business (including without limitation, for
products or advertising) without incurring any liability for royalties
or any other consideration of any kind, and will not incur any
liability as a result of any similarities that may appear in future Company
operations.
Our Company
will treat any personal information that you submit through this site
in accordance with its Privacy Policy as set forth on this site.
Disclaimer
You
understand that our Company
cannot and does not guarantee or warrant that files available for
downloading from the Internet will be free of viruses, worms, Trojan
horses or other code that may manifest contaminating or destructive
properties.
You are
responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to this site for the
reconstruction of any lost data. Our
Company
does not assume any responsibility or risk for your use of the Internet.
The
Content is not
necessarily complete and up-to-date and should not be used to replace
any written reports, statements, or notices provided by Company. Investors,
borrowers, and other persons should use the Content in the same manner
as any other educational medium and should not rely on the Content to
the exclusion of their own professional judgment. Information
obtained by using this site is not exhaustive and does not cover all
issues, topics, or facts that may be relevant to your goals.
YOUR
USE OF THIS SITE IS AT YOUR OWN RISK. The Content is
provided “as is” and without warranties of any
kind, either expressed or implied. Our
Company disclaims all warranties, including any implied warranties of
merchantability, fitness for a particular purpose, TITLE,
OR NON-INFRINGEMENT. Our
Company does
not warrant that the functions OR CONTENT contained in this site will
be uninterrupted or error-free, that defects will be corrected, or that
this site or the server that makes it available are free of viruses or
other harmful components.
Our Company
does not warrant or make any representation regarding use, or the
result of use, of the content in terms of accuracy, reliability, or
otherwise.
The content may
include technical inaccuracies or typographical errors, and Company
may make changes or improvements at any time. You,
and not our Company,
assume the entire cost of all necessary servicing, repair or correction
IN THE EVENT OF
ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Our
COMPANY
MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE
RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS
OR OMISSIONS IN SUCH CONTENT.
All of
the information
in this site, whether historical in nature or forward-looking, speaks
only as of the date the information is posted on this site, and Company
does not undertake any obligation to update such information after it
is posted or to remove such information from this site if it is not, or
is no longer, accurate or complete.
Limitation
On Liability
COMPANY,
ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE
LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF
REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR
DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
IN NO EVENT WILL
THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES,
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF
$100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT,
PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will
indemnify and
hold Company,
its subsidiaries, affiliates, licensors, content providers, service
providers, employees, agents, officers, directors, and contractors
(hereinafter known as the "Indemnified Parties") harmless from any
breach of these Terms of Use by you, including any use of Content other
than as expressly authorized in these Terms of Use.
You
agree that the Indemnified Parties will have no liability in connection
with any such breach or unauthorized use, and you agree to indemnify
any and all resulting loss, damages, judgments, awards, costs,
expenses, and attorney's fees of the Indemnified Parties in connection
therewith.
You will also
indemnify and hold the Indemnified Parties harmless from and against
any claims brought by third parties arising out of your use of the
information accessed from this site.
Trademarks
Trademarks,
service marks, and logos appearing in this site are the property of Company
or the party that provided the trademarks, service marks, and logos to Company. Company
and any party that provided trademarks, service marks, and logos to Company
retain all rights with respect to any of their respective trademarks,
service marks, and logos appearing in this site.
Information
You Provide
You may
not post, send,
submit, publish, or transmit in connection with this site any material
that:
·
you
do not have the right to post, including proprietary material of any
third party;
·
advocates
illegal activity or discusses an intent to commit an illegal act;
·
is
vulgar, obscene, pornographic, or indecent;
·
does
not pertain directly to this site;
·
threatens
or abuses others, libels, defames, invades privacy, stalks, is obscene,
pornographic, racist, abusive, harassing, threatening or offensive;
·
seeks
to exploit or harm children by exposing them to inappropriate content,
asking for personally identifiable details or otherwise;
·
infringes
any intellectual property or other right of any entity or person,
including violating anyone’s copyrights or trademarks or
their rights of publicity;
·
violates
any law or may be considered to violate any law;
·
impersonates
or misrepresents your connection to any other entity or person or
otherwise manipulates headers or identifiers to disguise the origin of
the content;
·
advertises
any commercial endeavor (e.g., offering for sale products or services)
or otherwise engages in any commercial activity (e.g., conducting
raffles or contests, displaying sponsorship banners, and/or soliciting
goods or services) except as may be specifically authorized on this
site;
·
solicits
funds, advertisers or sponsors;
·
includes
programs which contain viruses, worms and/or Trojan horses or any other
computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications;
·
disrupts
the normal flow of dialogue, causes a screen to scroll faster than
other users are able to type, or otherwise act in a way which affects
the ability of other people to engage in real time activities via this
site;
·
includes
MP3 format files;
·
amounts
to a 'pyramid' or similar scheme;
·
disobeys
any policy or regulations established from time to time regarding use
of this site or any networks connected to this site; or
·
contains
hyper-links to other sites that contain content that falls within the
descriptions set forth above.
Although
under no
obligation to do so, our Company
reserves the right to monitor use of this site to determine compliance
with these Terms of Use, as well the right to remove or refuse any
information for any reason.
Notwithstanding
these rights, you remain solely responsible for the content of your
submissions.
You acknowledge
and agree that neither Company
nor any third party that provides Content to Company
will assume or have any liability for any action or inaction by Company
or such third party with respect to any submission.
Security
Any
passwords used for
this site are for individual use only. You will be responsible for the
security of your password (if any). Company
will be entitled to monitor your password and, at its discretion,
require you to change it.
If you use a
password that Company
considers insecure, Company
will be entitled to require the password to be changed and/or terminate
your account.
You are
prohibited from
using any services or facilities provided in connection with this site
to compromise security or tamper with system resources and/or accounts.
The use or distribution of tools designed for compromising security
(e.g., password guessing programs, cracking tools or network probing
tools) is strictly prohibited. If you become involved in any violation
of system security, Company
reserves the right to release your details to system administrators at
other sites in order to assist them in resolving security incidents. Company
reserves the right to investigate suspected violations of these Terms
of Use.
Company
reserves the right to fully cooperate with any law enforcement
authorities or court order requesting or directing Company
to disclose the identity of anyone posting any e-mail messages, or
publishing or otherwise making available any materials that are
believed to violate these Terms of Use.
BY
ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT
OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER [COMPANY] OR LAW ENFORCEMENT AUTHORITIES.
Miscellaneous
These
Terms of Use will
be governed and interpreted pursuant to the laws of Hamilton
Ontario, Canada, notwithstanding
any principles of conflicts of law. You
specifically consent to personal jurisdiction in Hamilton
Ontario
in connection with
any dispute between you and Company
arising out of these Terms of Use or pertaining to the subject matter
hereof.
The parties to
these Terms of Use each agree that the exclusive venue for any dispute
between the parties arising out of these Terms of Use or pertaining to
the subject matter of these Terms of Use will be in the state and
federal courts in Ontario,
Canada. If
any part of these Terms of Use is unlawful, void or unenforceable, that
part will be deemed severable and will not affect the validity and
enforceability of any remaining provisions. These Terms of Use
constitute the entire agreement among the parties relating to this
subject matter.
Notwithstanding
the foregoing, any additional terms and conditions on this site will
govern the items to which they pertain. Company
may revise these Terms of Use at any time by updating this posting.
Last updated: Janurary 25th, 2009
Contact
information
Peter
Parks
Niche Profit Marketing LLC
Business Office (905) 818-6756
152 Essling Dr Hamilton,Ontario Canada
L9B-2H9
Twitter
me http://twitter.com/ceosuccess
Copyright
© 2009 AffiliatePunisher.com,
Peter Parks, Niche Profit Marking LLC
|