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| Welcome to the Clytan website.
Clytan owns and operates this Site to provide information and
online services to its users. The following is a legal agreement
(“Agreement”) between Clytan and you. By accessing
or using this Site you acknowledge that you have read, understood,
and agree to be bound by this Agreement. Please read this Agreement
carefully because the terms are binding upon you. If you are
a regular user of this Site, please check this Agreement for
updates. It governs your use of the Site and Service. We may
also post additional terms and conditions that apply to specific
Site areas. These area-specific terms and conditions are incorporated
into the Agreement. We may change this Agreement at any time
by posting the amended Agreement on the Site. Certain provisions
of these Terms may be superseded by expressly designated legal
notices or terms located on particular pages at this Site. Please
read this Policy carefully and be aware that we may change it
at any time. As a result, we suggest you check back regularly
to this page to be apprised of any updates or changes. We last
revised this Agreement on 1 December 2005. You may print out
from the Site two copies of pages of content from the Site for
your own personal or business use, provided you do not publish,
copy, or otherwise re-transmit what you have printed out from
the Site – see Copyright below for full details. |
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| No Unlawful or Prohibited
Use |
| You agree not to use the Service
for any purpose that is unlawful or prohibited by this Agreement.
You agree not to post or submit on this Site, any material that: |
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| (a) |
infringes or may
infringe on anyone else’s copyright, trade secret, trademark,
or other intellectual property rights; |
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| (b) |
violates or may violate others’
privacy or publicity rights; |
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| (c) |
is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another party;
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| (d) |
impersonates another person; or |
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| (e) |
breaches any obligations of confidentiality
or any other contractual obligation you may owe to any third
parties. |
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You further agree not to submit
any materials that contain viruses, Trojan horses, worms, time
bombs, cancelbots, or other computer programming routines or
engines that are intended to damage, detrimentally interfere
with, surreptitiously intercept, or expropriate any system,
data, or information. You may not try to gain unauthorized access
to the Service, other accounts, computer systems or networks
connected to the Service through hacking, password mining, or
any other means. You agree that you will not use any robot,
spider, other automatic device, or manual process to monitor
or copy pages of this Site or the content contained on it without
our express prior written permission.
We may (but need not) monitor, edit, or remove any content from
this Site that violates this Agreement. |
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| Disclaimer of Warranties |
| THIS SITE MAY CONTAIN INACCURACIES
OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. WE PROVIDE THIS SITE “AS IS”
AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SERVICE;
THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE
CONTENT OR MATERIALS INCLUDED ON THE SITE OR THIS SERVICE; OR
OTHERWISE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. WE DO NOT WARRANT: |
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(A) THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE,
(B) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL
OBTAINED BY YOU THROUGH THE SERVICE, OR
(C) THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. |
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| YOU AGREE THAT CLYTAN SHALL NOT
BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED
OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH
THIS SITE. YOU AGREE THAT CLYTAN IS NOT RESPONSIBLE OR LIABLE
FOR ANY THREATENING, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTENT
OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S
RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. |
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| CLYTAN DOES NOT WARRANT THAT THIS
SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. YOU DOWNLOAD ANY MATERIAL
THROUGH THE USE OF THE SERVICE AT YOUR OWN RISK, AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM CLYTAN OR THROUGH OR FROM THE SERVICE, SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. |
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| Limitation of Liability |
| CLYTAN SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE
LOSSES (EVEN IF CLYTAN HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), ARISING OUT OF, RESULTING FROM OR IN ANY WAY
CONNECTED WITH: |
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(A) THE USE OR THE INABILITY TO
USE, ANY DELAY IN, OR THE PERFORMANCE OF THE SERVICE;
(B) THE COST OF PROCURING SUBSTITUTE SERVICES RESULTING FROM
ANY DATA, INFORMATION, OR SERVICES OBTAINED, OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM, THE SERVICE;
(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA;
(D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR
(E) ANY OTHER MATTER RELATING TO THE SERVICE OR THIS AGREEMENT,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR OTHERWISE. |
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| SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTAIL DAMAGES.
ACCORDINGLY SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR OF
THIS AGREEMENT, YOUR EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE.
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| Export/Import Restrictions and
Tariffs |
| Access to this Site may not be provided
by you to anyone for use in any country or used in any manner
prohibited by Canada’s export laws or any other country’s
export laws, restrictions or regulations. Furthermore, you agree
to comply with any import laws, rules, and regulations of the
countries and jurisdictions where you access and use this Site
or receive copies of any technical information or other materials.
You agree to indemnify Clytan and hold Clytan harmless from
any fines or other penalties, as well as any tariffs, import
or export taxes, levied with respect to your use of this Site
by jurisdictions in which you access and use it, or from which
you export information from this Site, or for any violation
of the requirement not to provide access to and use of this
Site for use in any country prohibited by Canada’s export
laws or any other export laws, restrictions, or regulations.
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| Termination |
| You agree that Clytan, in its sole
discretion and without notice, may terminate your access to
or use of the Service or any portion thereof, and remove and
discard any content within the Service, at any time and for
any reason, including, without limitation, if Clytan believes
that you have violated or acted inconsistently with this Agreement.
Clytan may prohibit or restrict access to the Service to anyone
at any time, with or without cause. Clytan may also in its sole
discretion and at any time discontinue providing the Service,
or any part of it, temporarily or permanently. Clytan will make
reasonable commercial efforts to provide notice of any such
discontinuation to you. You agree that Clytan shall not be liable
to you or any third party for any termination of your access
to the Service or for any modification, suspension, or discontinuation
of the Service. |
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| Copyright |
| Canadian and international copyright
laws and treaties protect this Site and its content. You agree
to comply with all copyright laws in your use of this Site and
to prevent any unauthorized copying of this Site and its contents.
The copyright in all material provided on this Site is held
by Clytan or by the original creator of the material. |
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| You may print out from the Site
two copies of pages of content from the Site for your own personal
or business use, provided you do not publish, copy, or otherwise
re-transmit what you have printed out from the Site. Beyond
this limited permission to print content, you may not copy,
reproduce, distribute, republish, download, display, post, or
transmit any Site content or software in any form or by any
means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the express prior
written permission of Clytan or the copyright owner. You may
not “mirror” or “frame” any material
contained on this Site without Clytan’s express prior
written permission. Except as expressly provided in this Agreement,
Clytan does not grant any express or implied right to you under
any patents, trademarks, copyrights, or other similar rights.
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| Indemnification. You hereby
agree to indemnify, defend, and hold harmless Clytan and its
director, customers, suppliers, service providers, and employees
from and against all claims, demands, and damages (including
actual and consequential), of every kind and nature whether
known or unknown arising out of or relating to: |
(a) your posting of any content
on, or your use of, the Service or this Site in violation
of this Agreement;
(b) any other breach of this Agreement by you; or
(c) your violation of any law or the rights of a third party.
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| Severability. If any provision
of this Agreement is declared invalid or unenforceable, such
provision shall be struck from the Agreement and the remaining
provisions shall be given full force and effect. |
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| International Users |
| This Site is controlled, operated,
and administered by Clytan from its office within Mississauga,
Canada. Access to the Site from territories where the Site’s
contents are illegal is prohibited. If you access this Site
from locations outside of Canada, you are responsible for compliance
with all local laws. |
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| By accessing and using this
Site you agree to this Agreement. |
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