<%@ Page Language="vb" AutoEventWireup="false" Codebehind="termsofuse.htm.vb" Inherits="Doncarsys.termsofuse"%> Doncar Systems - Terms of Use

1. ACCEPTANCE
By using the Doncar Systems WEB PAGE, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Doncar Systems WEB PAGE is subject to compliance with these Terms and Conditions. You acknowledge and agree that Doncar Systems may terminate your access to the Doncar Systems WEB PAGE should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Doncar Systems. Any such termination shall be at Doncar Systems’ sole discretion and may occur without prior notice, or any notice. Doncar Systems further reserves the right to terminate any user's access to the Doncar Systems' WEB PAGE for any conduct that Doncar Systems, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Doncar Systems or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Doncar Systems further reserves the right to terminate any user's access to the Doncar Systems WEB PAGE for any reason or for no reason at all, in Doncar Systems' sole discretion, without prior notice, or any notice. In order to use the Doncar Systems WEB PAGE, users must have access to the World Wide Web and must navigate the Internet to http://www.doncarsys.com/ or another of the URLs associated with the Doncar Systems WEB PAGE.

3. DISCLAIMER OF WARRANTIES
The Doncar Systems WEB PAGE is provided "as is," with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Doncar Systems disclaims any warranties for the security, reliability, timeliness, and performance of the Doncar Systems WEB PAGE. To the fullest extent permitted by law, Doncar Systems disclaims any warranties for other services or goods received through or advertised on the Doncar Systems WEB PAGE or received through any links provided in Doncar Systems WEB PAGE, as well as for any information or advice received through the Doncar Systems WEB PAGE or through any links provided in the Doncar Systems WEB PAGE. Doncar Systems similarly disclaims, to the fullest extent permitted by law, any warranties for any information or advice obtained through the Doncar Systems WEB PAGE.

You expressly understand and agree that Doncar Systems disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material in the Doncar Systems WEB PAGE. Doncar Systems disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Doncar Systems disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material through the Doncar Systems WEB PAGE, including, without limitation, for harm caused by viruses or similar contamination or destructive features. Doncar Systems makes no warranty regarding the reliability or accessibility of WEB pages or any storage facilities offered by Doncar Systems.

You understand and agree that any material downloaded or otherwise obtained through the use of the Doncar Systems WEB PAGE is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such material.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

4. LIMITATION OF LIABILITY
You expressly understand and agree that under no circumstances shall Doncar Systems be liable to any user on account of that user's use or misuse of and reliance on the Doncar Systems WEB PAGE. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if Doncar Systems has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Doncar Systems WEB PAGE, from inability to use the Doncar Systems WEB PAGE, or from the interruption, suspension, or termination of the Doncar Systems WEB PAGE (including such damages incurred by third parties).

Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the Doncar Systems WEB PAGE or received through any links provided in the Doncar Systems WEB PAGE, as well as by reason of any information or advice received through or advertised on the Doncar Systems WEB PAGE or received through any links provided in the Doncar Systems WEB PAGE. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the Doncar Systems WEB PAGE or any information or merchandise that appears on, or is linked or related in any way to, the Doncar Systems WEB PAGE. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitation shall apply to the fullest extent permitted by law.

Under no circumstances shall Doncar Systems be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

5. DISCLAIMER REGARDING THIRD PARTY CONTENT
The Doncar Systems WEB PAGE may offer access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites displayed as search results or contained within a directory of links, Doncar Systems has no control whatsoever over the content of such sites. Third party content accessible through the Doncar Systems WEB PAGE from such sources is developed by people over whom the Doncar Systems WEB PAGE exercises no cnotrol. Doncar Systems cannot and does not screen such web pages before they are made accessible to other users of the Doncar Systems WEB PAGE. Accordingly, the Doncar Systems WEB PAGE assumes no responsibility for the content of any site included in any search results or otherwise linked to the Doncar Systems WEB PAGE web sites or in any web page hosted for a third party within the Doncar Systems WEB PAGE. In instances where the Doncar Systems WEB PAGE does review the sites that are displayed in directories, indices, and/or references, or where the Doncar Systems WEB PAGE makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by Doncar Systems, if any, is narrowly limited to that which is necessary for compiling the particular set of links.

6. ADVERTISERS AND CONTENT LINKED TO THE DONCAR SYSTEMS WEB PAGE

Doncar Systems may provide, or third parties may provide, links to other sites or resources located on the World Wide Web. Doncar Systems has no control over such sites and resources. You acknowledge and agree that Doncar Systems is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Doncar Systems shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Doncar Systems WEB PAGE, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Doncar Systems shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.

Doncar Systems encourages you to exercise discretion while using the Doncar Systems WEB PAGE to browse the Internet. Doncar Systems may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. Doncar Systems makes no representations concerning any effort to review the content of any of the sites listed in automated search results, or of any of the sites otherwise linked to the Doncar Systems WEB PAGE web sites. Doncar Systems shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in Doncar Systems WEB PAGE search results or otherwise linked to the Doncar Systems WEB PAGE or provided to the Doncar Systems WEB PAGE by third parties.

7. NO LICENSE; INTELLECTUAL PROPERTY OF DONCAR SYSTEMS AND OTHERS
Except as expressly provided, nothing within any of the Doncar Systems WEB PAGE shall be construed as conferring any license under any of the Doncar Systems or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the Doncar Systems WEB PAGE is protected by copyright, trademark, patent, or other proprietary rights of Doncar Systems and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Doncar Systems in connection with the Doncar Systems WEB PAGE. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Doncar Systems, any of Doncar Systems' affiliates, or any of Doncar Systems' service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the Doncar Systems WEB PAGE for any purpose other than the purpose for which such Content is made available to users by Doncar Systems. You agree not to defame or disparage Doncar Systems, the trademarks or service marks of Doncar Systems, or any aspect of the Doncar Systems WEB PAGE. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Doncar Systems WEB PAGE or any software or programs used in connection with the Doncar Systems WEB PAGE.

8. INDEMNITY AND RELEASE
By using the Doncar Systems WEB PAGE you agree to indemnify Doncar Systems, Inc. and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Doncar Systems WEB PAGE or your submission of ideas and/or related materials to Doncar Systems or from any person's use of any account or password you maintain with any portion of the Doncar Systems WEB PAGE, regardless of whether such use is authorized by you. By using the Doncar Systems WEB PAGE or submitting any ideas and/or related materials to Doncar Systems, you are hereby agreeing to release Doncar Systems and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Doncar Systems WEB PAGE or to any disputes regarding use of ideas and/or related materials submitted to Doncar Systems. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES.

9. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Doncar Systems WEB PAGE must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

10. COPYRIGHT, TRADEMARK, AND PATENT NOTICES
All other marks that appear throughout the Doncar Systems WEB PAGE belong to Doncar Systems or the respective owners of such marks, and are protected by Canadian and international copyright and trademark laws. Any use of any of the marks appearing throughout the Doncar Systems WEB PAGE without the express written consent of Doncar Systems or the owner of the mark, as appropriate, is strictly prohibited.

11. GOVERNING LAW
Unless expressly stated to the contrary elsewhere within the Doncar Systems WEB PAGE, all legal issues arising from or related to the use of the Doncar Systems WEB PAGE shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Province of Manitoba applicable to contracts entered into and wholly to be performed within said province.

12. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN DONCAR SYSTEMS WEB PAGE
Doncar Systems reserves the right to modify the Doncar Systems WEB PAGE from time to time, for any reason, and without notice, including the right to terminate the Doncar Systems WEB PAGE. Doncar Systems reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.

13. MERGER
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Doncar Systems' representations and you with respect to the subject matter hereof; except that any other terms and conditions in connection with Doncar Systems are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.

14. NON-WAIVER AND SEPARABILITY
Doncar Systems' failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.

15. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and Doncar Systems are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

16. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of Doncar Systems.

17. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

18. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Doncar Systems WEB PAGE, unless specifically terminated earlier by Doncar Systems. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.

19. COMMUNICATIONS WITH USERS
Doncar Systems reserves the right to communicate with you regarding your use of the Doncar Systems WEB PAGE.

20. SUBMISSIONS OF IDEAS
Doncar Systems is always improving its Doncar Systems WEB PAGE and developing new features. If you have ideas regarding improvements or additions to the Doncar Systems WEB PAGE, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO DONCAR SYSTEMS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO DONCAR SYSTEMS, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO DONCAR SYSTEMS THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT DONCAR SYSTEMS IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY DONCAR SYSTEMS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

21. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of Doncar Systems and the Doncar Systems WEB PAGE, Doncar Systems reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the Doncar Systems WEB PAGE web sites.

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