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Your access to and continued use of this Web site and the services offered on
this Web site constitute your acceptance of and compliance with the following
provisions. Please take some time to familiarize yourself with these
provisions. If you do not agree to these terms and conditions, you should
immediately discontinue any use of this Web site and/or any offered services.
These terms and conditions may change from time to time and it is your
responsibility to check for such updates. The last revision data for these
terms and conditions is set forth below.
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| Copyright |
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This Web site and all content and services provided on and through this Web
site are protected by copyright, trademark, and other applicable intellectual
property and proprietary rights laws, and is owned, controlled, and/or licensed
by NovoSpark Corporation ("NovoSpark") and/or its affiliates and related
companies. Nothing contained on this Web site grants, by implication, estoppel,
or otherwise, any licence or right to use any trade-marks, logos, or other
names, including, but not limited to, those identifying NovoSpark and/or its
affiliates and related companies or their respective products and services
displayed on this site, without the expressed written consent of NovoSpark or
such third party that may own such trade-marks, logos and other names displayed
on this site.
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| Terms of Use |
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Without the expressed written consent of NovoSpark, no information or material
from this Web site may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way whatsoever except that you may download
one copy of the materials onto any single computer, for your personal,
non-commercial home use only, provided you keep intact all copyright and
proprietary notices. You agree that you do not acquire any rights in any
downloaded content or content sent to you as part of any service. You agree to
abide by all copyright notices, information and restrictions contained in any
content on this Web site and any content sent to you or accessed through this
Web site. You are hereby advised that NovoSpark will enforce its intellectual
property rights to the fullest extent permitted by law.
You will use this Web site and any content, material, or information found on
this Web site or any services offered through this Web site solely for lawful
purposes. You shall not upload to, distribute to, or otherwise disseminate
through, this Web site any material or information of any kind that is
libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any
law or infringes or violates any rights of any other person or entity, or that
contains a solicitation of funds, advertising, or a solicitation for goods or
services. You will be solely responsible for the content of any material or
information that you make available through this Web site. You will also be
liable for any loss or damage resulting, directly or indirectly, from your
making any material or information available through this Web site. Any conduct
by you that in NovoSpark’s discretion restricts or inhibits any other user from
using or enjoying this Web site will not be permitted.
The foregoing provisions of this section are for the benefit of NovoSpark, its
affiliates and related companies and its third party content providers and
licensors and each shall have the right to assert and enforce such provisions
directly or on its own behalf.
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| Disclaimer of Warranties &
Limitation of Liability |
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The information contained on this Web site and offered through services
accessible from this Web site is for informational purposes only and it is not
intended to meet any particular user’s need. This Web site, and all content,
material, information or postings found on or accessed through this Web site
and its services, are provided on an "AS IS" basis. NovoSpark, its affiliates
and related companies, and each of their respective directors, officers,
employees, consultants and agents expressly disclaim any and all
representations, warranties and conditions, express and implied, including,
without limitation, any and all representations and warranties of accuracy,
title and non-infringement, and all implied warranties and conditions of
merchantability, fitness for any particular purpose, or suitability for any
particular purpose, and any representations, warranties or conditions arising
from any course of dealing or usage of trade, with respect to this Web site or
the content contained in or accessed through this Web site and its services.
Neither NovoSpark nor its affiliates and related companies, nor each of their
respective directors, officers, employees, consultants and agents makes any
representations or warranties as to the availability, accuracy, quality,
timeliness, reliability, truthfulness or completeness of this Web site or the
content contained in or accessed through this Web site, including, but not
limited to, the contents of any content, information, material, any services
provided through this Web site, or any links to other sites made available on
this Web site or the content contained on such site(s), or as to the
uninterrupted, continuous or error free use and operation of the internet, this
Web site or any related services or that any of them is free from defects,
viruses or other harmful components. You expressly agree that use of this Web
site is at your sole risk.
Under no circumstances, including, but not limited to, negligence, gross
negligence, negligent misrepresentation and fundamental breach shall NovoSpark
or its affiliates and related companies, and each of their respective
directors, officers, employees, consultants and agents be liable for any
direct, indirect, incidental, special or consequential damages or any loss that
result from the use of, or the inability to use, any content, information,
material,or related services, directly or indirectly, or the transmission of
confidential or sensitive information over the Internet. These limitations
apply regardless of whether the party liable or allegedly liable was advised,
had other reason to know, or in fact knew of the possibility of such damages.
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| Indemnification
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To the maximum extent permitted by applicable law, you will defend, indemnify
and hold harmless NovoSpark, its affiliates and related companies, and each of
their respective directors, officers, employees, consultants and agents from
and against all claims, liability, and expenses, including all legal fees and
costs, arising out of: (i) your breach of these provisions; or (ii) your use of
this Web site, the content contained in this Web site and the placement or
transmission of any information or other materials on this Web site made by you
or others using your account. You agree to promptly notify NovoSpark
immediately after you become aware of any unauthorized use of your account and
to take such reasonable steps as are necessary to prevent any reoccurrence of
such event. NovoSpark reserves the right, in its sole discretion and at its own
expense, to assume the exclusive defence and control of any matter otherwise
subject to indemnification by you. You will co-operate as fully as reasonably
required in the defence of any claim.
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| Recourse |
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If you are dissatisfied with this Web site, its services or these provisions,
your sole and exclusive remedy is to discontinue using this Web site. In such
an event, you agree to destroy all materials obtained by you on this Web site
and all copies thereof. These provisions shall survive any such termination.
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| Miscellaneous Terms |
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Any disputes arising hereunder shall be governed exclusively by the laws of
the province of Ontario and the laws of Canada applicable therein, without
giving effect to their conflict of laws principles. You expressly consent to
the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or
the Federal Court of Canada in Ontario, or any other judicial district or
jurisdiction as NovoSpark may determine, in any and all actions, disputes, or
controversies relating hereto. These provisions and any rules, policies or
guidelines posted on this Web site by NovoSpark constitute the entire agreement
between NovoSpark and you with respect to the subject matter hereof. No waiver
by either NovoSpark or you of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default. If any
provision contained herein shall be determined to be void, invalid, or
otherwise unenforceable by a court of competent jurisdiction, such termination
shall not affect the remaining provisions contained herein. The parties have
required that these provisions and all documents relating thereto be drawn up
in English.
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