Terms and Conditions of Use
By using this site, you are signifying your consent to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the site.
RESTRICTIONS ON USE OF MATERIALS
This Internet site (the “Site”) is owned, controlled and operated by Teranet Inc. (referred to as ” Teranet”, “we,” “us,” or “our” herein). All content included on this Site, such as text, graphics, logos, button icons, images, audio and video clips, and software is the property of Teranet, or other parties that have licensed their materials to Teranet, and is protected by Canadian and international copyright laws. Unless otherwise stated, no material from this Site or any website owned, operated, licensed or controlled by Teranet or its affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercially exploited or distributed in any way or by any means whatsoever, except that you may download or print one copy of the materials for personal, non-commercial use only, provided you maintain all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose (including use of any such material on any other website or networked computer environment) is a violation of copyright and other proprietary rights. You agree to abide by all copyright notices, information and restrictions contained in any content on the Site and any content accessed through the Site.
Certain trademarks and trade names used on this Site are the trademarks of Teranet Inc. or Teranet Enterprises Inc. or Teranet Services Inc. as set out in our Trademarks Notice. Other trademarks or trade names mentioned herein may be the trademarks or trade names of their respective owners.
In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software and data accompanying the Software (collectively, the “Software”) are licensed to you by Teranet. The license is personal, non-transferable and non-assignable Title to the Software is not being transferred to you. You own the medium on which the Software is recorded, but Teranet, or others, retain full and complete copyright in and title to the Software and all other intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
These Terms and Conditions are effective until they are terminated by you or Teranet. You may terminate this Agreement at any time. These Terms and Conditions will terminate immediately without notice from Teranet if, in the sole discretion of Teranet, you fail to comply with any material term or provision hereof or if Teranet believes that you, by your conduct, have violated any applicable law or are acting contrary to the interests of Teranet and/or its affiliates. Upon termination of this Agreement for any reason whatsoever, you agree to be bound by the following provisions of this Agreement which shall survive termination, namely sections Restrictions on Use of Materials, Termination, Disclaimer, Limitation of Liability, Links to External Sites, Jurisdiction and Severability and Indemnification hereof.
UNLESS OTHERWISE PROVIDED, THE MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TERANET, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY INFORMATION CONTAINED THEREON OR ACCESSIBLE THEREFROM AND ANY WEBSITE WITH WHICH IT IS LINKED. TERANET, ITS AFFILIATES AND LICENSORS DO NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE TERANET NETWORK OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. TERANET, ITS AFFILIATES AND LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AND/OR SERVICES (INCLUDING, WITHOUT LIMITATION, SERVICES FOR THE TRANSFER OF INFORMATION AND DATA) ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. YOU (AND NOT TERANET) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Site is controlled and operated at offices in Toronto, Ontario, Canada. Teranet makes no representation that materials on the Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TERANET, ITS SUBSIDIARIES OR AFFILIATED COMPANIES OR LICENSORS, OR THEIR DIRECTORS AND OFFICERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF TERANET OR A TERANET AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY TERANET FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE.
LINKS TO EXTERNAL SITES
Some links on the Site will enable you to leave the Site and connect directly to third party linked sites. Such linked sites are entirely independent of the Site, and shall not be construed as any reflection on, any affiliation with, approval of or endorsement of any such site or entity, or its respective information, publications, products or services by Teranet. Teranet shall not be responsible for the contents of any site linked to a Teranet site or for any link contained in a linked site. Teranet is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement of the linked site by Teranet.
Some links on the Site will enable you to leave the Site and connect directly to other Teranet related sites. Such linked sites will have other terms and conditions applicable to the use of that site.
We would like to hear from you regarding the products and services of Teranet. Please note that if you send us suggestions, ideas, or other information (collectively, “Submissions”), unfortunately we will not be able to return the Submissions to you. Once submitted, the Submissions will become the property of Teranet and Teranet shall exclusively own all rights to the Submissions of every kind and nature throughout the universe, now known or hereafter existing, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, without compensation to you. By providing the Submissions, you waive all moral rights in the Submissions.
JURISDICTION AND SEVERABILITY
You agree and acknowledge that your use of this Site shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada. You further agree and acknowledge that these Terms and Conditions, and any disputes in connection with your use of this Site or its contents, will be governed by the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario in any and all actions, disputes, or controversies relating hereto. If any provision of these Terms and Conditions shall be found to be unlawful, void and unenforceable, then such provision shall be deemed severable herefrom and will not affect the validity and enforceability of any remaining provisions.
Teranet reserves the right to make changes to the Site and to modify, alter or otherwise update these Terms and Conditions at any time with or without notice. You should review this link on a regular basis for any such changes. Your continued use of the Site shall constitute your acceptance of any revisions to the Terms and Conditions.
The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux pr√©sentes ont exig√© que cette entente et tous autres documents envisag√©s par les pr√©sentes soient r√©dig√©s en anglais.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold Teranet, its affiliates and related companies, and any of their respective directors, officers, employees, consultants and agents, harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising out of (i) your breach of any provision of these Terms and Conditions, or (ii) your use of the Site and the contents contained on the Site.
Teranet reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any action, claim or matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.
U.S. GOVERNMENT END USERS
The software available on this Site is a “Commercial Item,” as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” as such term may be used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software is licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
USER PRIVACY AND SECURITY POLICY
Use of this Site is also subject to the terms of the Teranet Security Policy accessible at http://www.teranet.ca. You recognize and agree that although Teranet security efforts are generally consistent with industry practice in Canada, your complete privacy, confidentiality and security associated with any communications between us is not yet possible over the Internet, and therefore cannot be guaranteed. As a result, Teranet shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with the Site.
Teranet and its affiliates attempt to be as accurate as possible. However, Teranet does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
Parties other than Teranet and its affiliates operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Teranet does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
©1999 – 2015 TERANET INC. AND ITS LICENSORS. ALL RIGHTS RESERVED.