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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. |