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Website User Agreement - December 3, 2002
Your Acceptance of this Legally Binding Agreement
IMPORTANT: BY CHECKING THE
"I HAVE READ AND AGREE TO THE TERMS OF USE" BOX AND
CONFIRMING YOUR ACCEPTANCE BY CLICKING THE "I ACCEPT"
BUTTON, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS
OF THIS AGREEMENT WITH ALLMYTHINGS INFORMATION SERVICE LTD.
If you do not agree with the terms and conditions of this Agreement,
do not check the "I have read and agree to the terms of use"
box, do not confirm your acceptance by clicking the "I ACCEPT"
button and do not access, browse or otherwise use the www.allmythings.com
web site (the "Web Site") or information, material,
products or services provided therein. You agree that your accessing,
browsing or other use of the Web Site constitutes conclusive evidence
of your agreement to the terms and conditions contained in this
Agreement. This Agreement is between you, the legal entity to
which you represent, if any (herein collectively referred to as
"you"), and Skystone Information Services Ltd. carrying
on business as AllMyThings ("allmythings") and is effective
as at the date that you check the "I have read and agree
to the terms of use" box and confirm your acceptance by clicking
the "I ACCEPT" button.
You further agree that allmythings may change,
amend or replace all or any part of this Agreement at any time,
that such changes, amendments or replacements shall be effective
as of the time of posting of the changes, amendments or replacements
to the Web Site. Allmythings will provide notice on the Web Site
of any material changes made to this Agreement and your continued
use of the Web Site after the time of posting of such notice will
constitute evidence of your acceptance of the changed, amended
or replaced Agreement. You further agree to regularly review this
Agreement for such changes, amendments or replacements. If you
do not agree with the changed, amended or replaced Agreement,
do not use or access the Web Site or information, material, products
or services provided therein. Allmythings may contact you from
time to time to notify you of any material changes, amendments
or replacements to all or any part of this Agreement provided
that you have given allmythings your e-mail address and agreed
that allmythings may contact you using that e-mail address. We
refer you to our privacy policy for
further details as to allmythings’ collection, use and disclosure
of personal information.
Payments
Amounts payable by you to allmythings for the
use of the Web Site shall be paid in advance prior to you being
given access to the Web Site for the Initial Term (as that term
is defined herein) and prior to any Renewal Term (as that term
is defined herein). Prior to being given access to the Web Site
for the Initial Term you shall pay to allmythings the amount set
out in the Application Form for the particular level of service
you desire. Prior to any Renewal Term, you shall pay allmythings'
then current rates for access to the Web Site for the particular
level of service that you are then using. Allmythings' current
rates at a particular time for access to the Web Site will be
posted on the Web Site or you may obtain the rates by contacting
allmythings and requesting the current rates for that particular
time. Please note that this Agreement is set up to automatically
renew for the particular level of service that you have using
at the expiry of the Initial Term and any Renewal Term thereafter
unless you provide thirty (30) days written notice to allmythings
of termination or of a change in the level of service prior to
the expiration of the Initial Term or any Renewal Term. Allmythings
will charge your credit card, and you hereby authorize allmythings
to do so, with the then current rate for access to the Web Site
for the particular Renewal Term and the particular level of service
that you are using after the date that is thirty (30) days prior
to the expiration of the Initial Term or the Renewal Term, as
applicable. Allmythings has adopted this billing practice for
your convenience, and for your protection, agrees that if allmythings'
rate for a particular Renewal Term has increased more than 15%
over the rate charged for that level of service in the immediately
preceding Initial Term or Renewal Term, as applicable, allmythings
will provide notice of such an increase conspicuously on its web
site at least sixty (60) days prior to that rate taking effect
to give you an opportunity to terminate this agreement or reduce
your level of service prior to being charged for a Renewal Term.
The payment set out above for a particular term
is for a maximum storage space for the particular level of service
selected by you. If at any time you exceed the maximum storage
space for your particular level of service, you will be automatically
moved up to the next level of service and charged the difference
between the price then charged for the next level of service and
the price you paid for the previous level of service. Thereafter
you will be deemed to have used the next level of service for
that particular term and successive Renewal Terms unless you terminate
this agreement or request a lower level of service on or before
the day that is thirty (30) days prior to the expiration of the
Initial Term or any Renewal Term and reduce the storage space
used by you accordingly for the successive Renewal Term. Again,
allmythings has adopted this billing practice for your convenience,
and for your protection, agrees that it will conspicuously post
any changes to allmythings' rates for a particular Renewal Term
as indicated above if they have increased more than 15% over the
rate charged for the immediately preceding Initial Term or Renewal
Term, as applicable. In addition, allmythings agrees to use reasonable
efforts to notify you when the storage space used by you reaches
approximately ninety percent (90%) percent of the current maximum
and you agree that you will be responsible for any additional
charges for use of additional storage space regardless of whether
you actually receive such notice.
Allmythings reserves the right to add, remove
or change the fees it charges for the services it provides on
the Web Site, to introduce new charges from time to time, and
to add, remove or change its usage policies (including storage
space) from time to time, provided however that in each case it
will provide at least sixty (60) days prior notice to you, such
notice to be provided as set out herein.
You will be required to provide allmythings with
your credit card information that must be kept current with allmythings
as a condition to allmythings providing you with access to the
Web Site. You agree to provide true, current and complete information
about yourself when registering with allmythings and that you
will promptly and diligently update allmythings whenever any of
this information is no longer true, not current or incomplete
(including your credit card information and billing information).
If you are an individual, you represent and warrant to allmythings
that you are at least 18 years of age or older.
Taxes
Any amounts payable pursuant to this Agreement
are exclusive of all taxes of any kind. If taxes of any sort (other
than taxes based solely on the net income of allmythings), including
goods and services taxes, sales taxes, value added taxes, assessments,
charges, levies, duties and export taxes, are imposed by any taxing
authority (including federal, state, provincial, local or other
governmental agencies or bodies), in respect of the amounts payable
by you to allmythings, such taxes shall be paid by, and shall
be the sole responsibility of, you, and you agree to pay such
taxes to the appropriate collection authority.
Ownership of Content and Intellectual Property Protection
Any information or data ("Data") transferred
by you through the Web Site to a server owned by us for storage
shall be owned by, or proprietary to, you. You shall have the
sole responsibility for the accuracy, quality, integrity, legality,
reliability and appropriateness of the Data, as well as the sole
responsibility for any infringement of any intellectual property
right ("Intellectual Property Right") of any third party
in respect of all or any part of the Data, including any right
or protection existing from time to time in a specific jurisdiction,
whether registered or not, under any patent law or other invention
or discovery law, copyright law, publicity, performance or moral
rights law, trade secret law, confidential information law, integrated
circuit topography law, semi-conductor chip protection law, industrial
design law, trade-mark law, unfair competition or trade practices
law, or other similar laws and includes legislation by competent
governmental authorities and judicial decisions under common law
or equity.
Except for Data as set out above, you acknowledge
and agree that any and all information, material, products and
services, including data (but excluding “Data” owned
by you), databases, graphics, text, files, software, interfaces,
web pages, product names, company names, trade-marks, logos and
trade names contained on the Web Site (collectively the “Content”),
including the manner in which the Content is presented or appears
and all information relating thereto, are the property of allmythings
or its licensors.
Content found on the Web Site is protected under
patent, copyright, trade-mark, proprietary or other intellectual
property laws of Canada, The United States of America, and other
applicable jurisdictions, and any unauthorized use of such Content
may violate such laws or this Agreement. Except as expressly provided
herein, no license under any patents, copyright, trade-mark, proprietary
or other intellectual property right is granted or implied by
granting access to the Content.
Security Measures
For a detailed description of security measures
employed by allmythings click here.
You have assessed the risks of the level of security offered by
us in respect of the transmitting and storing of Data on the Web
Site, of such security measures being defeated or otherwise rendered
ineffective, and have decided that you wish to trust them. The
fees charged by us reflect the allocation of risk herein and the
limited recourse provided for in this Agreement. Other than as
expressly provided for herein, allmythings will have no liability
of any kind arising from or relating to the theft, destruction
or loss by any means of any Data, however transmitted or published,
available on or through the Web Site.
License to Content
You are provided with a limited, personal, non-transferable,
non-exclusive license to access, view, read, download and print
one copy of the Content. Except as otherwise provided herein or
in another written agreement with allmythings, you may access,
view, read, download and print the Content subject to the following
conditions:
- You shall use the Content solely for personal, informational,
and internal purposes;
- You shall abide by any rules for the use of the Web Site posted
on the Web Site by allmythings from time to time;
- You shall not bundle, sell, license, sublicense, export,
transfer, loan, rent, lease, assign, share, outsource, host,
publish, distribute, part with possession or make available
to any person, the Content, or any part thereof;
- You shall not copy, edit, modify, adapt, create derivative
works, translations, adaptations or arrangements, republish,
transmit, merge, reverse engineer, decompile or disassemble
the Content, or any part thereof;
- You shall not create links or deep links to any part of the
Web Site or to any Content contained therein;
- You shall not frame or mirror any part of the Web Site or
any Content contained therein;
- You shall not use the Content, or any part thereof, or output
therefrom, for the direct benefit of any third party, nor shall
you charge or receive, either by direct or indirect payment,
or by trade of service, compensation, or fees from any third
party, for the use of the Content or output therefrom;
- You shall not alter, remove, or destroy any proprietary markings,
or confidentiality legends, or notices placed on, or contained
within, the Content; or
- You shall not permit, allow or do anything that would infringe
or otherwise prejudice the proprietary rights of allmythings
or its licensors or allow any third-party to access the Content.
Allmythings reserves the right to revoke the authorization to
access, view, read, download and print the Content available on
the Web Site at any time and for any reason, and any such use
shall be discontinued immediately upon notice from allmythings.
The rights granted to you herein constitute a license and not
a transfer of title.
Collection and Use of Information About You
Allmythings may from time to time monitor your use of the www.allmythings.com
web site. See our privacy policy for
specific details with respect to our collection, storage, use
and disclosure of information about you. You hereby consent to
such collection, storage, use and disclosure and waive any right
of privacy that you may have. You may, at any time, request access
to, correct and delete personal information about you stored by
allmythings by contacting allmythings at service@allmythings.com
Disclaimer of Warranties
The Web Site and all Content provided therein is provided "as
is" without any representations, warranties, conditions or
guarantees of any kind. You understand and agree that the use
of the Web Site and the Content provided therein is at your sole
risk. ALLMYTHINGS MAKES NO REPRESENTATIONS, WARRANTIES,
CONDITIONS OR GUARANTEES WITH RESPECT TO THE WEB SITE OR ANY CONTENT
PROVIDED THEREIN, INCLUDING ANY PRODUCT, SERVICE OR SOFTWARE PROVIDED
ON THE WEB SITE AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE
LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND
CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING THE WEB
SITE OR THE CONTENT PROVIDED THEREIN, INCLUDING WITHOUT LIMITATION,
ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING
ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, AVAILABILITY,
EFFECTIVENESS, NON-INFRINGEMENT, RELIABILITY, SECURITY, PRIVACY,
TITLE, TRUTH, USEFULNESS, SUITABILITY, QUALITY, MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, ALLMYTHINGS MAKES
NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE WEB SITE OR
ANY CONTENT PROVIDED THEREIN WILL BE SATISFACTORY TO YOUR NEEDS,
MEET YOUR REQUIREMENTS OR EXPECTATIONS, OPERATE WITH ANY OTHER
HARDWARE, SOFTWARE, SYSTEM OR DATA OR BE UNINTERRUPTED, TIMELY,
ACCURATE, SECURE OR FREE FROM ERRORS OR THAT ANY ERRORS OR DEFECTS
WILL BE CORRECTED. FINALLY, ALLMYTHINGS MAKES NO REPRESENTATION,
WARRANTY OR GUARANTEE THAT ANY STORED DATA WILL BE ACCURATE OR
RELIABLE OR THAT THE WEB SITE OR THE SERVER(S) THAT CONTAIN OR
HOST THE WEB SITE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL
COMPONENTS.
Limitation of Liability
Allmythings assumes no responsibility to you or any third party
for the consequences of any inaccuracy, error or omission on the
Web Site or in respect of the Content provided therein, regardless
of cause. ALLMYTHINGS, ITS AFFILIATES, AGENTS, LICENSORS,
SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, SHALL NOT
BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY
KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY
TO USE, THE WEB SITE OR ANY CONTENT PROVIDED THEREIN, OR ARISING
OUT OF OR RELATING TO THE USE OF ANY WEB SITE LINKED HERETO, INCLUDING,
BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL,
INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC,
CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR ANY KIND, EVEN IF
ALLMYTHINGS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS
OR OF A CLAIM BY ANOTHER PARTY.
ALTHOUGH ALLMYTHINGS TAKES PRECAUTIONS TO PROTECT PERSONAL
AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND ALLMYTHINGS
MAKES NO REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL
INFORMATION TRANSMITTED TO OR FROM THE WEB SITE OR STORED ON A
SERVER OF ALLMYTHINGS, OR TRANSMITTED OVER THE INTERNET GENERALLY,
WILL BE MAINTAINED CONFIDENTIAL AND SECURE. ALLMYTHINGS ASSUMES
NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE,
TRANSMISSION OR OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION
PROVIDED BY YOU TO ALLMYTHINGS.
IN NO EVENT SHALL ALLMYTHINGS, ITS AFFILIATES, AGENTS,
LICENSORS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, BE LIABLE
TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING
OUT OF OR RELATING TO EVENTS BEYOND THE REASONABLE CONTROL OF
ALLMYTHINGS, INCLUDING VIRUSES, FAILED OR UNDELIVERED MESSAGES,
THE CORRUPTION OR LOSS OF DATA, TRANSMISSION ERRORS, ANY ACTION
OR INACTION OF AN INTERNET SERVICE PROVIDER, LINKS TO AND THIRD-PARTY
WEB SITES AND THIRD-PARTY PRODUCTS AND SERVICES, EVEN IF ALLMYTHINGS
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM
BY ANOTHER PARTY.
ALLMYTHINGS, ITS AFFILIATES, AGENTS, LICENSORS AND THEIR
RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY
FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER
(INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE,
GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT,
IF ANY, PAID BY YOU TO ALLMYTHINGS IN THE TWELVE MONTH PERIOD
IMMEDIATELY PRECEDING THE TIME THAT THE DAMAGES OR LOSS FIRST
OCCURRED. YOU ACKNOWLEDGE THAT ALLMYTHINGS’S PRICING REFLECTS
THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED
IN THIS AGREEMENT.
Local Laws May Not Allow Disclaimer of Warranties or
Limitation of Liability
Certain jurisdictions do not allow the disclaimer of implied
warranties or the limitation of liability for certain damages,
and so all or parts of the provisions set forth above may not
apply to you.
Indemnification
You agree to indemnify, defend, and hold allmythings, its affiliates,
agents, licensors or their respective directors, officers, agents
or employees, harmless against any and all actions, claims, costs,
damages, demands, liabilities, proceedings, expenses or loss of
any kind (including legal and other fees and disbursements) sustained,
incurred or paid by allmythings arising out of the access to or
use of the Web Site or any Content contained in or on the Web
Site or any breach of, or failure to fulfil, all or any part of
this Agreement by you.
User Acknowledgements
You acknowledge and agree that inherent in the procurement, compiling,
collecting, interpreting, reporting, communicating, delivering
and inputting digitally of the Content, there will be a degree
of error which cannot be avoided even with standards of quality
control which exceed industry standards.
Your Account
You acknowledge and agree that the account provided by allmythings
to you so that you may access, browse, utilize or otherwise enjoy
the Web Site, and the password selected by and used by you in
conjunction with the account to access, browse, utilize or otherwise
enjoy the Web Site, are to be kept secret and confidential. You
shall not disclose your account information, including your account
number, account name, or password to any other party without the
express written permission of allmythings. You further acknowledge
and agree that you will be responsible for each and every access,
use or enjoyment of the Web Site or the Content that occurs in
conjunction with the account and password given to you by allmythings,
and that allmythings is authorized to accept the account information
and password as conclusive evidence that you have accessed, utilized,
or otherwise enjoyed the Web Site or the Content.
You acknowledge and agree that you are fully responsible for
maintaining the confidentiality of your account information, including
your account number, account name, and/or password, if applicable.
You acknowledge and agree that you will logout from your account
at the end of each session of use. You acknowledge and agree that
you are responsible for damages and repercussions resulting from
all uses of your account, whether actually or expressly authorized
by you. If you suspect or know that you are being impersonated,
or if you suspect or know of any unauthorized use of your account
or any other breach of security, you agree to contact service@www.allmythings.com
immediately. Allmythings reserves the right to disclose any information,
including registration data, in order to comply with any applicable
laws and/or government requests for the protection of allmythings
and its members.
User Conduct
You agree to abide by all of the following rules when accessing,
browsing or otherwise using the Web Site or the Content found
therein:
- You shall abide by all applicable federal, state, provincial
and local laws, including laws, rules or regulations of governmental
agencies, authorities or bodies and judicial decisions under
common law or equity;
- You shall not send unsolicited or unauthorized e-mail, advertising,
promotional materials, junk mail, spam, chain letters, pyramid
schemes or any other form of duplicated or unsolicited messages;
- You shall collect, gather or assemble information or data
regarding other users of the Web Site without their express
consent;
- You shall not sell, license, sublicense, export, transfer,
loan, rent, lease, assign, share, outsource, host, publish,
distribute, part with possession or make available to any person,
or transmit, store or otherwise post on the Web Site, any unlawful,
immoral, pornographic, libellous, abusive, harassing, tortious,
defamatory, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind or nature, including materials
that are harmful to minors;
- You shall not sell, license, sublicense, export, transfer,
loan, rent, lease, assign, share, outsource, host, publish,
distribute, part with possession or make available to any person,
or transmit, store or otherwise post on the Web Site, any material
that may infringe an Intellectual Property Right of another
person;
- You shall not sell, license, sublicense, export, transfer,
loan, rent, lease, assign, share, outsource, host, publish,
distribute, part with possession or make available to any person,
or transmit, store or otherwise post on the Web Site, any material
that contains any virus, Trojan horse, worm, code, program or
other software routines or hardware components designed or created
to:
- allow unauthorized access to, or use of, the Web Site,
allmythings’ network computing environment, individual
computers of third parties or any other computing resource,
by you or by any third party;
- cause any software, hardware, data or web site, including
the Web Site and Content, to malfunction;
- disable, erase, or otherwise harm software, hardware,
data or a web site, including the Web Site and Content;
or
- perform any other such actions.
- You shall not interfere with or disrupt the integrity of any
data, software, hardware, or web site, or any servers or networks
owned by allmythings, including the Web Site and the Content
and the servers or networks used by allmythings to provide the
Web Site or Content;
- You shall not harass or interfere with another person’s
use and enjoyment of the Web Site or Content; and
- You shall not act contrary to any additional rules of use
posted by allmythings on the Web Site from time to time.
Interaction with Third Parties
The Web Site provides users an area for discussion and e-commerce
between parties and includes information, views, opinions, and
recommendations of many individuals and organizations, and you
may engage in discussions with other parties or purchase goods
or services from other parties. Allmythings assumes no responsibility
for the accuracy, completeness, objectiveness, or usefulness of
the information presented on the Web Site by another party or
for any transactions that you engage in with another party. Allmythings
does not endorse any recommendation or opinion made by any other
party, does not endorse or support any request for a gift or a
donation, and does not advocate the purchase or sale of any item
or investment.
You should be aware that other parties may not appear to be who
they say they are. Allmythings takes no action to perform a background
check on any of the parties using the Web Site. You should also
be aware that other parties may use the Web Site for personal
gain. Therefore, you should approach messages and transactions
with the utmost scepticism, and research and inquire into any
information or transaction that appears to be questionable.
Restricted Access
You agree that you will not attempt to enter restricted areas
of allmythings' computer system or perform functions that you
are not authorized to perform pursuant to this Agreement. Allmythings
may, without notice, temporarily or permanently suspend your access
to the Web Site and the Content by deactivating your account or
password if allmythings reasonably suspects that your account
is being used to obtain unauthorized access to allmythings’
other systems or information, or is being used in any other inappropriate
manner. These suspensions will be for a period of time necessary
to permit the thorough investigation of such suspended activity.
Allmythings may terminate this Agreement immediately without notice
if it is determined that you have undertaken such unauthorized
activity or if such unusual activity cannot be reasonably explained.
Amendments to the Web Site
You agree and acknowledge that allmythings may modify any part
of the Web Site at any time and that the Web Site, including without
limitation any sites associated thereto, may periodically be unavailable
to you in order to allow for maintenance and updates.
Termination
The term of this Agreement shall begin on the date that you check
the "I have read and agree to the terms of use" box
and confirm your acceptance by clicking the "I ACCEPT"
button, and shall continue for the initial period paid for by
you as set forth in the Application Form (the "Initial Term"),
and upon expiration of the Initial Term and each Renewal Term
(as that term is defined herein) thereafter, this Agreement will
be automatically renewed for an additional one (1) year term ("Renewal
Term") unless terminated by either party upon thirty (30)
days written notice prior to the expiration of the Initial Term
or any Renewal Term. Otherwise, allmythings may terminate this
Agreement without notice to you and will do so if you use or attempt
to use the Web Site or the Content therein in any manner contrary
to the terms of this Agreement, contrary to any additional rules
of use posted by allmythings on the Web Site from time to time,
or if you default in a payment of any amount payable under this
Agreement, when and as due. Any such termination by allmythings
shall be in addition to and without prejudice to such rights and
remedies as may be available to allmythings, including the suspension
or termination of your account or password and injunctive relief
enjoining such acts or attempts, it being acknowledged by you
that other legal remedies are inadequate.
The Payments, Taxes, Ownership of Content and Intellectual Property
Protection, Collection and Use of Information About You, Disclaimer
of Warranties, Limitation of Liability, Indemnification, Restricted
Access and Termination provisions of this Agreement shall survive
the termination or expiry of this Agreement.
Trade-Mark Information
Allmythings and the logos are trade-marks of Skystone Information
Service Ltd. The trade-marks and logos (“Marks”) displayed
on the Web Site are the property of Skystone Information Services
Ltd. You are not permitted to use the Marks without the prior
written consent of Skystone Information Services Ltd.
Third Party Web Sites
The Web Site contains links to sites not maintained by allmythings.
You are advised that any use of a linked web site and any use
of or reliance upon content, products and services of a third
party available at such sites is solely at your own risk. In providing
links to the other sites, allmythings is in no way acting as a
publisher or disseminator of the material contained on those other
sites and does not seek to monitor or control such sites. Allmythings
cannot and does not make any representations or warranties with
respect to any content, products and services available through
these links and disclaims all liability relating to your use of
or reliance upon any content, products and services available
at or through such sites and disclaims any opinions expressed
on such web sites. Links to other web sites or references to content,
products and services or publications other than those of allmythings
do not imply the endorsement or approval of such web sites, content,
products and services or publications by allmythings.
International Users
The Web Site can be accessed from countries around the world
and may contain references to Content, including products and
services, that are not available in your country. These references
do not imply that allmythings intends to market, promote, or distribute
such Content, including products and services, in your country.
The Web Site is controlled, operated, and administered by allmythings
from its offices within Canada. Allmythings makes no representation
that the Web Site, or the Content available therein, are appropriate
or available for use at other locations outside the United States
and Canada, and access to the Web Site from countries or territories
where the Web Site or any of its Contents are illegal is prohibited.
If you access the web site from a location outside the United
States or Canada, you are responsible for compliance with all
local laws.
General Legal Terms and Conditions
No delay or failure by allmythings to exercise any right hereunder,
and no partial or single exercise thereof, shall be deemed to
constitute a waiver of such right, or any other rights hereunder.
Any consent by allmythings to or any waiver of, a breach of any
express or implied term of this Agreement, shall not constitute
a consent to, waiver of, or excuse of any subsequent or other
breach of any express or implied term of this Agreement. No waiver,
alteration, or modification by allmythings of any of the provisions
of this Agreement shall be binding unless in writing signed by
a duly authorized representative of allmythings against which
enforcement of such waiver, alteration, or modification is sought.
If any term, covenant, or condition of this Agreement, or the
application thereof to any person or circumstance shall, to any
extent, be invalid or unenforceable, the remainder of this Agreement,
or the application of such term, covenant, or condition to persons
or circumstances other than those to which it is held invalid
or unenforceable, shall not be affected thereby, and each term,
covenant, or condition of this Agreement shall be valid, and be
enforced to the fullest extent permitted by law.
It is expressly declared that it is not the purpose of this Agreement
to create any association, partnership joint venture or syndicate
and that neither this Agreement nor the operations hereunder shall
be construed or considered as creating any such association, partnership,
joint venture or syndicate.
This Agreement may not be assigned or otherwise transferred,
nor may any right or obligations hereunder be assigned or transferred,
directly or indirectly by you to any other party, whether voluntary,
by operation of law or otherwise, without the written consent
of allmythings. This Agreement may be assigned or otherwise transferred
by allmythings to a parent, subsidiary or affiliate of allmythings,
a purchaser of assets from allmythings or by operation of law
in a merger, amalgamation, winding-up or other reorganization
involving allmythings.
This Agreement (including the Application Form supersedes all
prior representations, arrangements, negotiations, understandings
and agreements between the parties, both written and oral, relating
to the subject matter hereof and sets for the entire complete
and exclusive agreement and understanding between the parties
hereto relating to the subject matter hereof; no party has relied
on any representation, arrangement, understanding or agreement
(whether written or oral) not expressly set out or referred to
in this Agreement. Except for the Application Form, no text or
other information set forth on any purchase order, pre-printed
form or other document shall add to or vary the terms and conditions
of this Agreement, except as otherwise provided herein or unless
it is expressly stated in such other document that the document
is intended to add or vary the terms and conditions of this Agreement.
This Agreement shall be interpreted and enforced in accordance
with the laws of Alberta, Canada, without regard to the conflict
of law principles applicable therein. Any claims or disputes whatsoever
arising hereunder shall be submitted to the exclusive jurisdiction
of the Federal Court of Canada and/or the courts of Alberta.
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©2003 Skystone Information Services Ltd. All rights reserved.
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