IT Netix Inc.
Access to and use of the web pages located
at the domain (the "Site") by you (sometimes
also referred to herein as the "User") is subject to, and
constitutes your acceptance of, and agreement to comply with, the
following terms and conditions (the "Agreement"). If you
have not already done so, please take some time to familiarize yourself
with this Agreement. If you do not agree to the terms and conditions
of this Agreement, you should immediately discontinue any use of the
Site. Also note that the terms and conditions of this Agreement may
change from time to time and it is your responsibility to check for
such updates on this Site. If any change is unacceptable to you, your
sole recourse is to discontinue accessing or otherwise using this
Site. Your continued use of the Site shall constitute your acceptance
of the Agreement as amended. The last revision date for this Agreement
is set forth below.
Last revised: January, 2004
Reserved Rights and Grant of Limited License
Copyright (c) 2002 - 2007 IT Netix Inc. All rights reserved.
IT Netix Inc.
either owns the intellectual property rights, including copyright,
or has acquired the necessary licences therein, in and to the information,
including, without limitation, all text, HTML code, multimedia clips,
images, graphics, icons, Java code, and the selection and arrangement
of the contents of the Site (collectively the "Information").
The User is granted a limited, non-exclusive license to display the
Information and print short extracts of the Information for the User's
own personal use only, provided the Information is not modified, identifies
the source, bears IT Netix's copyright notice as it appears above,
and provided further that the User shall be fully responsible for
any consequences resulting from such use. Any other use of the Information
is strictly prohibited. None of the Information may be otherwise reproduced,
republished or re-disseminated, in whole or in part, in any manner
or form without the prior written consent of IT Netix.
Reservation of Endorsement
General. The Site may contain links to other
sites. These links are provided for your convenience only as references
to help the User identify and locate other Internet resources that
may be of interest. Independent third parties, other than IT Netix,
have developed, maintain and operate these other sites and IT Netix
does not assume responsibility for the accuracy, completeness, appropriateness
or timeliness of any statements, data, information, opinions, or advice
contained at such sites. In providing links to other sites, IT Netix
is in no way acting as a publisher or disseminator of the material
contained on those other sites and does not monitor, or maintain any
type of control, editorial or otherwise, over such sites. A link to
another site should not be construed to mean that IT Netix recommends,
approves or endorses, or is affiliated or associated with, that other
site, or is authorized to use any trademark, service mark, trade name,
logo, symbol or copyrighted work that may be reflected in the link
or the description of the link to other such sites. The User's access
to and use of such sites, whether through use of a link contained
on this Site or otherwise, including the use of any material, information,
products or services contained therein, are solely at the User's own
risk.
The identification of an ISP or any other party (collectively, a "Third
Party"), and the provision of information related to it, appearing
in the results achieved through the use of any tool or service provided
by IT Netix in this Site, whether such information is
contained on this Site or linked from this Site, should not be construed
as a recommendation, approval or endorsement by IT Netix of that
Third Party or its services, or that there is an affiliation or association
between IT Netix and that Third Party or its services. All reservations
noted above under the heading "General" as they apply to
linked sites apply equally to the results achieved through the use
of any tool or service provide by IT Netix in or through this
Site and to any Third Party product or service.
All transactions or communications that take place between the User
and a Third Party that the User has identified through the use of
this Site, including any purchase of services, take place solely between
the User and that Third Party. IT Netix is not involved in any
such transactions or communications whatsoever. Any disputes arising
from any such transactions or communications between Users and Third
Party's are solely matters to be resolved between those parties and
in connection therewith, the User hereby agrees to release, indemnify
and hold IT Netix harmless from and against any and all claims,
demands and damages of any kind arising from such circumstances.
Disclaimer of Warranty
THIS SITE AND ALL INFORMATION AND OTHER MATERIALS
MADE AVAILABLE ON OR THROUGH THIS SITE (INCLUDING WITHOUT LIMITATION
THE FASTFIND DATABASE AND SEARCH ENGINE) ARE PROVIDED "AS IS"
WITHOUT REPRESENTATIONS, WARRANTIES, CONDITIONS AND INDEMNITIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. IT NETIX DISCLAIMS ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED OR
ERROR-FREE OPERATION, TITLE, NON-INFRINGEMENT OR OTHER VIOLATION OF
RIGHTS, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
THE SITE AND ALL INFORMATION AND OTHER MATERIALS MADE AVAILABLE ON
OR THROUGH THIS SITE (INCLUDING WITHOUT LIMITATION THE FASTFIND DATABASE
AND SEARCH ENGINE) IS REASONABLY BELIEVED TO BE RELIABLE WHEN POSTED.
HOWEVER, IT NETIX DOES NOT PROVIDE ANY REPRESENTATIONS, WARRANTIES,
CONDITIONS OR INDEMNITIES REGARDING THE USE, VALIDITY, ACCURACY, COMPLETENESS,
TIMELINESS, AVAILABILITY OR RELIABILITY OF, OR ANY RESULTS OF THE
USE OF, OR OTHERWISE RESPECTING, THE SITE OR ANY INFORMATION OR OTHER
MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE (INCLUDING WITHOUT
LIMITATION THE FASTFIND DATABASE AND SEARCH ENGINE) OR ANY SITES LINKED
TO OR FROM THE SITE. IT Netix ASSUMES NO OBLIGATION TO UPDATE
THE SITE OR ADVISE OF ANY FURTHER DEVELOPMENTS. INFORMATION AND THIRD
PARTY INFORMATION WHETHER CONTAINED ON OR LINKED FROM THE SITE MAY
CONTAIN TYPOGRAPHICAL ERRORS AND MAY BE SUBJECT TO CHANGE WITHOUT
NOTICE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL IT NETIX
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOSS OF USE, DATA, PROFIT, OPPORTUNITY OR SAVINGS,
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE, OR THE INABILITY
TO USE OR ACCESS THE SITE OR ANY INFORMATION OR OTHER MATERIALS AVAILABLE
ON OR THROUGH THE SITE (INCLUDING WITHOUT LIMITATION THE FASTFIND
DATABASE AND SEARCH ENGINE), WHETHER BASED IN CONTACT, TORT, NEGLIGENCE
OR OTHERWISE, EVEN IF IT NETIX OR AN AUTHORIZED REPRESENTATIVE
OF IT NETIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF THE SITE OR ANY INFORMATION OR OTHER MATERIALS AVAILABLE
ON OR THROUGH THE SITE (INCLUDING WITHOUT LIMITATION THE FASTFIND
DATABASE AND SEARCH ENGINE) RESULTS IN THE NEED FOR SERVICING, REPAIR
OR CORRECTION OF EQUIPMENT OR DATA, THE USER ASSUMES ANY COSTS THEREOF.
UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE TOTAL LIABILITY OF IT NETIX
TO YOU ARISING UNDER THIS AGREEMENT FOR ANY CAUSE WHATSOEVER BE GREATER
THAN Cdn$10.
Trademarks
Certain words, phrases, names, designs or
logos used on the Site constitute trade marks, service marks or trade
names of IT Netix or other entities as indicated. The display
of any such marks or names on the Site does not imply that a license
has been granted by IT Netix or such other entities. IT Netix
will take all appropriate legal action necessary to fully and effectively
enforce its rights, whether such rights are in respect of a trademark,
service mark, copyright or any other intellectual property right or
other right of IT Netix under applicable law, as set out in this
Agreement.
User's Warranties and Representations
The User hereby represents, warrants and covenants
that the use of the Site by the User has not and shall not violate
any applicable local, national or international law, including, without
limitation, any regulations having the force of law. The User hereby
covenants not to impersonate another person in the use of the Site
or the sending of any email to an address listed on the Site.
General
This Agreement sets forth the entire agreement
between you and IT Netix in respect of the Site and its contents
and supersedes all prior agreements, whether written or oral, with
respect to the subject matter hereof. If any provision of this Agreement
is held to be invalid or unenforceable, such provision shall be struck
from these Terms and Conditions and the remaining provisions shall
remain in full force and effect. Any failure by IT Netix to enforce
any provision of this Agreement will not constitute a waiver of our
right to subsequently enforce such provision or any other provision
of this Agreement. This Agreement shall enure to the benefit of and
be binding upon each of us and our respective successors and permitted
assigns. The parties have required that this Agreement and all documents
relating thereto be drawn-up in English. Les parties ont demandé
que cette convention ainsi que tous les documents qui s'y rattachent
soient rédigés en anglais.
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