AGREEMENT BETWEEN USER AND LIGHT MARKS
LIGHT MARKS Web Site is comprised of various Web pages operated by LIGHT MARKS.
The LIGHT MARKS Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the LIGHT MARKS - Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
LIGHT MARKS reserves the right to change the terms, conditions, and notices under which the LIGHT MARKS Web Site is offered, including but not limited to the charges associated with the use of the LIGHT MARKS Web Site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the LIGHT MARKS Web Site, you warrant to LIGHT MARKS that you will not use the LIGHT MARKS Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the LIGHT MARKS Web Site in any manner which could damage, disable, overburden, or impair the LIGHT MARKS Web Site or interfere with any other party's use and enjoyment of the LIGHT MARKS Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the LIGHT MARKS Web Site.
LINKS TO THIRD PARTY SITES
The LIGHT MARKS - Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of LIGHT MARKS and LIGHT MARKS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LIGHT MARKS is not responsible for web-casting or any other form of transmission received from any Linked Site. LIGHT MARKS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LIGHT MARKS of the site or any association with its operators.
MATERIALS PROVIDED TO LIGHT MARKS OR POSTED AT ANY LIGHT MARKS WEB SITE
LIGHT MARKS does not claim ownership of the materials you provide to LIGHT MARKS (including feedback and suggestions) or post, upload, input or submit to any LIGHT MARKS WEB SITE
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER:
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE LIGHT MARKS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LIGHT MARKS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE LIGHT MARKS WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE LIGHT MARKS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
LIGHT MARKS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE LIGHT MARKS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LIGHT MARKS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIGHT MARKS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LIGHT MARKS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE LIGHT MARKS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LIGHT MARKS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE LIGHT MARKS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LIGHT MARKS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LIGHT MARKS WEB SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LIGHT MARKS WEB SITE.
TERMINATION/ACCESS RESTRICTION:
LIGHT MARKS reserves the right, in its sole discretion, to terminate your access to the LIGHT MARKS WEB SITE and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Ontario, Canada and you hereby consent to the exclusive jurisdiction and venue of courts in Ottawa , Ontario , Canada in all disputes arising out of or relating to the use of the LIGHT MARKS Web Site. Use of the LIGHT MARKS WEB SITE is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LIGHT MARKS as a result of this agreement or use of the LIGHT MARKS Web Site. LIGHT MARKS performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LIGHT MARKS right to comply with governmental, court and law enforcement requests or requirements relating to your use of the LIGHT MARKS WEB SITE or information provided to or gathered by LIGHT MARKS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LIGHT MARKS with respect to the LIGHT MARKS WEB SITE and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LIGHT MARKS with respect to the LIGHT MARKS Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the LIGHT MARKS WEB SITE are: Copyright © 2003 LIGHT MARKS and/or its suppliers. All rights reserved.
TRADEMARKS:
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved. |