PLEASE READ THE FOLLOWING DISCLAIMERS AND TERMS AND CONDITIONS CAREFULLY. Your access and use of this site (the “Site”) constitutes your full acceptance and compliance with the following provisions. If you (“User” or “you”) have not already done so, please take some time to familiarize yourself with these provisions. If you do not agree with these terms and conditions, DISCONTINUE ALL USE OF THIS SITE IMMEDIATELY. INSIDE TRACK COMMUNICATIONS INC. (“INSIDE TRACK COMMUNICATIONS”) MAY AT ANY TIME, AT ITS SOLE DISCRETION, REVISE THE SITE TERMS BY POSTING THE AMENDED SITE TERMS ON THE SITE, WHICH POSTING SHALL CONSTITUTE NOTICE TO YOU. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT SITE TERMS TO WHICH YOU ARE BOUND.
All of the names, titles, logos, and designs on this Site identifying our products and brands, including any derivative and related names, titles, logos and designs, are trade-marks and the sole and exclusive property of Inside Track Communications or any of its subsidiaries, affiliates or divisions (. All other names, titles, logos and designs appearing on this Site are the property of their respective owners. This Site contains copyrighted material, trade-marks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, music, audio, video, software and other (collectively, the “Material”) and the entire contents of this Site also are protected by copyright as a collective work and/or compilation under Canadian copyright laws, international conventions and other copyright laws. Inside Track Communications owns the copyright in the Material original to it and in its selection, coordination, arrangement and enhancement of the Material. No Material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written consent, except that you may, where possible, download one copy on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Material, (iii) you do not use the Material in a manner that suggests an association with any of our products, services, or brands, and (iv) you agree that you do not acquire any ownership or other use rights in the Material. By accessing the Material in this Site, you undertake and agree to the terms herein with respect to the laws that govern copyright and trademarks. Unauthorized use of the Material can result in penalties being imposed according to the laws of Canada. No User may use or manipulate any of Inside Track Communications’ or other’s trademarks, services marks, logos or characters found on this Site.
While it is not our policy to link to other sites in general, this Site may contain links to third party Web sites from time to time. Third party sites are independently operated. Inside Track Communications makes no endorsements, warranties or representations of any kind whatsoever regarding those other Web sites and assumes no responsibility for content on third party sites. Any link is not to be construed as an endorsement or implication of any situation with said third party. Users link to third party sites at Users’ own risk. Third parties may link to this Site but may not replicate any of its content. Furthermore, under no circumstances may a third party imply that Inside Track Communications is associated with or is endorsing the third party, its site or its products. Third party sites that link to this Site must not contain any content that may be construed as distasteful, offensive or controversial and should contain content that is appropriate for all age groups. Inside Track Communications may withdraw a third party’s right to link at any time in its sole discretion. RULES OF CONDUCT User shall refrain from submitting any content to this Site which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes third party intellectual property laws or violates other laws. The Web site must not be used to solicit customers or sell products or services. Users may not use the e-mail service to send unauthorized or unsolicited e-mails including “spam”. In the event of any violation of these legal terms, Inside Track Communications may immediately terminate your use of the Site and User shall indemnify Inside Track Communications and its designees against any and all third party claims, if any, as a result.
“Forum” means a chat area, bulletin board, e-mail or any other message or communication facilities or functions offered as part of this Site or Inside Track Communications operated mobile program. If you participate in any Forum, you must not:
- commit any criminal or quasi-criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, assault, or that is economic in nature;
- defame, abuse, harass, stalk, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy or publicity, moral, statutory, common law or intellectual property rights of any other person;
- publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our computer systems or those of any user;
- delete or alter any author attributions, trade-marks, trade-names, logos, legal notices or proprietary designations or labels in any file that is uploaded or downloaded;
- falsify the origin or source of software, information or other material contained in a file that is uploaded or downloaded;
- advertise, solicit or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters;
- download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner
- engage in any conduct that encourages, conspires, entices or promotes the occurrence of any of the prohibited conduct stipulated herein.
You acknowledge and agree that all Forums involve public and not private communications, and that they can only be used for non-commercial purposes. Further, you acknowledge and agree that chats, postings, conferences, and other communications by users are not monitored, screened, sanctioned or endorsed by us, and such communications shall not be considered reviewed, screened, or approved by us. However, we reserve the right, but not the obligation, to monitor the content of this Site, including the Forums, and to remove, refuse to post or edit any material or content which we, in our sole discretion, determine to be in violation of the provisions hereof or otherwise objectionable. Users shall remain solely responsible for the content of their communications. We reserve the right, in our sole discretion, to deny any user access to this Site without notice.
By posting, uploading or submitting any material or content to any Forum or otherwise submitting any material or content to us, you automatically grant (or automatically warrant that the owner of the rights to such material or content has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all so-called “moral rights” in any such materials and content posted, uploaded or submitted by you
WAIVER OF RIGHTS
Users waive all rights to any stories, ideas, drawings, opinions and other materials posted on this Site. Furthermore, Users may only post materials on this Site which they alone have created.
Without the express written consent of the owner of the Material, Users may not frame or otherwise incorporate into a third party Web site, any of the content provided herein. This Site is controlled and operated by Inside Track Communications in Canada with the approval of the copyright and trademark owners. We make no representation that the Materials in this Site are appropriate or available for use in other jurisdictions.
This agreement is effective until terminated by either party. User may terminate this agreement at any time by destroying all materials obtained from this Site. This agreement will terminate, without notice from Inside Track Communications if, in our sole discretion, User fails to comply with any term or provision hereunder. Upon termination, User must destroy all materials obtained from this Site and any and all copies thereof, whether made under the terms of this agreement or otherwise. User warrants that s/he shall refrain from submitting any content to Inside Track Communications which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, violates intellectual property or laws. In the event of any of the above, Inside Track Communications may terminate this agreement.
All obligations of the User under this agreement which by their nature would continue beyond termination, cancellation or expiration of this agreement shall survive such termination, cancellation or expiration of this agreement.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, INSIDE TRACK COMMUNICATIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS REGARDING THE ABSENCE OF VIRUSES, OR THE CORRECTNESS, ACCURACY, QUALITY OR RELIABILITY OF THE MATERIALS HEREIN. THE USER AND NOT INSIDE TRACK COMMUNICATIONS ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. INSIDE TRACK COMMUNICATIONS DOES NOT WARRANT THAT THIS SITE OR THE SERVERS THAT MAKE MATERIAL AVAILABLE WILL BE OPERABLE, UNINTERRUPTED, VIRUS FREE OR ERROR FREE, OR THAT DEFECTS WILL BE FOUND OR CORRECTED. INSIDE TRACK COMMUNICATIONS ALSO PROVIDES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR OTHER MERCHANDISE PROVIDED THROUGH THIS SITE. INSIDE TRACK COMMUNICATIONS RESERVES THE RIGHT IN ITS SOLE DISCRETION, TO MODIFY OR UPDATE THIS SITE AND THE DISCLAIMERS AND TERMS AND CONDITIONS HEREIN AT ANY TIME WITHOUT PRIOR NOTICE. YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK AND DISCRETION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL INSIDE TRACK COMMUNICATIONS 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 INSIDE TRACK COMMUNICATIONS OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INSIDE TRACK COMMUNICATIONS ‘ LIABILITY TO A USER FOR DAMAGES, LOSSES AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY USER, IF ANY, FOR ACCESSING THIS SITE. USERS MUST TAKE REASONABLE PRECAUTIONS TO ENSURE COMPUTERS ARE VIRUS FREE AND THAT THEY RETAIN A BACKUP OF THEIR FILES BEFORE ATTEMPTING TO DOWNLOAD ANY MATERIAL OFF A WEB SITE. INSIDE TRACK COMMUNICATIONS NOTES THAT THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS FROM TIME TO TIME. INSIDE TRACK COMMUNICATIONS RESERVES THE RIGHT IN ITS SOLE DISCRETION TO MODIFY OR UPDATE THESE TERMS AND CONDITIONS AND RELATED DISCLAIMERS AT ITS CONVENIENCE.
You agree to indemnify, defend and hold Inside Track Communications and its affiliates, successors and assigns, and their respective officers, directors, employees, contractors and agents (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees and expenses) incurred by any Indemnified Party in connection with your use of the Site including without limitation any breach by you of these terms and conditions. Inside Track Communications reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Inside Track Communications’ defence of such claim.
ENTIRE AGREEMENT/ SEVERABILITY/GOVERNING LAW
This is the entire agreement between the parties relating to the use of this Site and shall not be modified except by Inside Track Communications from time to time as set out above. If any provision shall be deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. Inside Track Communications’ failure to insist upon or enforce strict performance of any provision hereof shall not be construed as a waiver of any right on its part. The Site may be accessible throughout the United States of America and Canada; regardless of where you access the Site you explicitly agree that the laws of the Province of Ontario, and the federal laws of Canada, govern the use of the Site. All disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.