THE FOLLOWING ARE TERMS OF USE AS A LEGAL AGREEMENT BETWEEN YOU AND COMMIT100. PLEASE READ
THESE
TERMS OF USE CAREFULLY PRIOR TO USING THIS WEBSITE. YOUR USAGE OF THIS WEBSITE SIGNIFIES
THAT
YOU ACKNOWLEDGE, UNDERSTAND AND AGREE TO ACCEPT AND BE BOUND BY THESE TERMS ("TERMS") AND
THEIR
CONDITIONS THEREIN. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
USE OF SITE
COMMIT100 and all subsidiaries authorizes you to view and download the materials at this Web
site
("Site") for your personal, non-commercial use only, provided that you retain all copyright
and
other proprietary notices contained in the original materials and on any copies of the
materials. In addition, as a condition of your use of this Site, you represent and warrant
to
COMMIT100 that you will not use this Site for any purpose that could be construed as
unlawful,
immoral or prohibited by these terms and conditions. This Site has been prepared solely for
the
purpose of providing information about COMMIT100 and the services and products it offers and
has
been compiled in good faith by COMMIT100. You may not modify the materials at this Site in
any
way or reproduce or publicly display, perform, or distribute or otherwise use them for any
public or commercial purpose. For purposes of these Terms, any use of these materials on any
other Web site or networked computer environment for any purpose is prohibited. The
materials at
this Site are copyrighted and unauthorized use of any materials at this Site may violate
copyright, trademark, and other laws. If you breach any of these Terms, your authorization
to
use this Site automatically terminates and you must immediately destroy any downloaded or
printed materials. COMMIT100 also reserves the right to terminate your authorization to use
any
services at the Site and to delete any one or more of your related accounts, with or without
cause, immediately and at any time.
INFORMATION YOU SUBMIT
COMMIT100 does not want to receive confidential or proprietary information from you through
our
Site. Other than personally identifiable information, which is covered under the COMMIT100
Privacy Policy, any material, information or other communication you transmit or post to
this
Site will be considered non-confidential and non-proprietary ("Communications"). COMMIT100
will
have no obligations with respect to the Communications. COMMIT100 and its designees will be
free
to copy, disclose, distribute, incorporate and otherwise use the Communications and all
data,
images, sounds, text, and other things embodied therein for any and all commercial or
non-commercial purposes. You are prohibited from posting or transmitting to or from this
Site
any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material
that
would violate any law.
TRADEMARKS AND COPYRIGHT
All software and content such as text, graphics, logos, button icons, images, audio clips,
trademarks and service marks (the "Trademarks") used and displayed on this Site is the owned
or
licenced property of COMMIT100 or its software and content suppliers and protected by
copyright
and trademark laws. These Trademarks are registered and unregistered Trademarks of COMMIT100
and
may only be used publicly with written permission from COMMIT100. Nothing on this Site
should be
construed as granting, by implication, estoppel or otherwise, any license or right to use
any
Trademark displayed on the Site, without the prior written permission of the Trademark
owner.
COMMIT100 aggressively enforces its intellectual property rights to the fullest extent of
the
law. Any other trademarks not owned by COMMIT100 or its subsidiaries that appear on this
site
are the property of their respective owners, who may or may not be affiliated with,
connected
to, or sponsored by COMMIT100.
PRODUCT INFORMATION
COMMIT100 has made a conscientious effort to display and describe its products and services
on
the site accurately. COMMIT100 is also consistently improving the information, products and
services they provide to you. Consequently, COMMIT100 cannot and does not guarantee the lack
of
discrepancy with respect to the accuracy or completeness of the information found within
this
Site.
LINKS TO THIRD PARTIES
The Site may contain links to third party sites, which are provided to you solely as a
convenience to you. COMMIT100, therefore, does not have control over, imply endorsement or
make
any representations about them, or any information, software or other products or materials
found there or any association with its operators. COMMIT100 assumes no responsibility, and
shall not be held liable for any damages to or viruses that may infect your computer
equipment
or other property due to the use of, access to, or browsing of the Site. By using these
third
party sites you will be leaving the Site. The inclusion of these third party links also does
not
imply that COMMIT100 is authorized for the usage of any trade name, trademarks, logos or any
copyrighted symbols reflected in these liked sites. You are responsible for viewing and
abiding
to the privacy statements and terms of use on each third party site accessed and therefore,
this
access is done so entirely at your own risk. The Site also acknowledges that it uses
minimal, if
any cookies to deliver the content found herein. If you would prefer, you can set your
browser
to reject cookies as an added precaution. Anyone linking to the Site must comply with the
Guidelines for Linking to COMMIT100 Web Site set out below and all applicable laws.
USE OF SOFTWARE
If you download software from this Site ("Software"), use of the Software is subject to the
license terms in the Software License Agreement that accompanies or is provided with the
Software. You may not download or install the Software until you have read and accepted the
terms of the Software License Agreement..
DISCLAIMER
THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES
OF
ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Although COMMIT100 has tried to include accurate,
complete and up to date information it does not warrant the accuracy and completeness of the
materials or services at this Site either be expressed or implied. COMMIT100 may make
changes to
the materials and services at this Site, or to the products and prices described in them, at
any
time without notice or obligation. The materials and services at this Site may be out of
date,
and COMMIT100 makes no commitment to update the materials and services at this Site.
Information
published at this Site may refer to products, programs or services that are not available in
your country. Consult your local COMMIT100 business contact for information regarding the
products, programs and services that may be available to you. Applicable law may not allow
the
exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT WILL COMMIT100, ITS SUBSIDIARIES, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED
AT
THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING
FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO
USE,
OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR
INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY,
CONTRACT,
TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF
YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR
SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. APPLICABLE LAWS
This Site is administered by COMMIT100 from its offices in Mississauga, Ontario, Canada.
COMMIT100 makes no representation that materials or services at this Site are appropriate or
available for use outside of Canada, and access to them from territories where their
contents
are illegal is prohibited. You may not use or export or re-export the materials or services
at
this Site or any copy or adaptation in violation of any applicable laws or regulations
including
without limitation Canadian export laws and regulations. If you choose to access this Site
from
outside Canada, you do so on your own initiative and are responsible for compliance with
applicable local laws. You also expressly waive any right to a jury trial regarding disputes
related hereto and you also waive any right you may have to commence or participate in any
class
action against COMMIT100 and, where applicable, you hereby agree to opt out of any class
proceeding against COMMIT100 otherwise commenced. These Terms will be governed by and
construed
in accordance with the laws of the Province of Ontario and the laws of Canada applicable
therein, without giving effect to any principles of conflicts of laws. In any dispute
involving
these Terms, you irrevocably agree to attorn to the jurisdiction of the courts of the
Province
of Ontario.
GENERAL
COMMIT100 may revise these Terms at any time by updating this posting. You should visit this
page
periodically to review the then current Term, as your usage of this Site, as it is your
agreement of being bound by any such revisions. Certain provisions of these Terms may be
superseded by expressly designated legal notices or terms located on particular pages at
this
Site.
GUIDELINES FOR LINKING TO COMMIT100 WEB SITE
If you would like to link to COMMIT100 web site, please read and comply with the following
guidelines:
You indicate that you accept the COMMIT100 Online Privacy Policy;
You agree that COMMIT100 may at any time and without notice, change the terms and conditions
under which this Site is offered; and You agree that no joint venture, partnership,
fiduciary,
employment or agency relationship exists between you and COMMIT100 as a result of this
agreement
or your usage of the Site.
A Site that links to COMMIT100 Web Site:
- May link to, but not replicate, COMMIT100 content;
- Shall not create a browser or border environment around COMMIT100 content;
- Shall not imply that COMMIT100 is endorsing it or its products;
- Shall not misrepresent its relationship with COMMIT100;
- Shall not present false information about COMMIT100 products or services; and
- Shall not contain content that could be construed as distasteful, offensive, or
controversial and shall contain only content that is appropriate for all age groups.
The Terms and the privacy statement together constitute the entire agreement between you and
COMMIT100 with respect to the subject matter herein. This agreement supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
you
and COMMIT100 with respect to this subject matter. No modification of this agreement shall
be
deemed effective unless it is authored by COMMIT100 or any subsidiaries, such amendments or
modifications available to it pursuant to these Terms. Any alleged waiver of any breach of
these
COMMIT100 Online Privacy Policy Terms shall not be deemed to be a waiver of any future
breach. A
printed version of these Terms and/or of any notice given by COMMIT100 in electronic form
shall
be admissible in judicial or administrative proceedings based upon or relating to this
agreement
or your use of this Site to the same extent and subject to the same conditions as other
business
documents and records originally generated and maintained by COMMIT100 in printed form.
If you have comments or questions about this Policy, please contact us at:
COMMIT100
3569 Nutcracker Dr.
Mississauga, ON, L5N 6G1.
Canada
Tel. 416.897.1069
info@commit100.com