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Website Terms and ConditionsAcceptance of Terms and Conditions
"SurfingGeckoSoftware.com" is the interactive corporate website of Surfing Gecko Software, Inc., its subsidiaries and affiliates ("Surfing Gecko Software" or "We") on the World Wide Web of the Internet, consisting of corporate information and products and services provided by Surfing Gecko Software. "You" means each person who accesses the SurfingGeckoSoftware.com website. These terms and conditions
apply to use of SurfingGeckoSoftware.com by you. By accessing
SurfingGeckoSoftware.com, you agree to comply with all of the terms and
conditions hereof. If you do not agree with the terms and conditions, you may
not use this site. We reserve the right at any
time to change or modify the terms and conditions applicable to your use of
SurfingGeckoSoftware.com, or any part thereof, or to impose new conditions. Such
changes, modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by posting on the
SurfingGeckoSoftware.com website. Any use of SurfingGeckoSoftware.com by you
after such notice shall be deemed to constitute acceptance by you of such
changes, modifications or additions. You agree that any telephone
charges associated with connecting to SurfingGeckoSoftware.com incurred are your
responsibility. Depending on your particular location, the nearest access number
to the Internet may not be a local phone call and you may be subject to long
distance charges. You should check with your local phone company or long
distance provider to determine whether any specific access number is a local
call. Limitation
of Liability YOU EXPRESSLY AGREE THAT USE
OF SURFINGGECKOSOFTWARE.COM IS AT YOUR SOLE RISK AND PERIL. THE SITE IS PROVIDED
"AS IS" AND "AS AVAILABLE". ALL REPRESENTATIONS, WARRANTIES
AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, ARE HEREBY WAIVED AND EXCLUDED.
WE PROVIDE SURFINGGECKOSOFTWARE.COM ON A COMMERCIALLY REASONABLE BASIS AND DO
NOT GUARANTEE THAT YOU WILL BE ABLE TO USE OR ACCESS SURFINGGECKOSOFTWARE.COM AT
A TIME OR FROM ANY LOCATION OF YOUR CHOOSING. THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF SUBSCRIBER INFORMATION, WHETHER FOR BREACH
OF CONTRACT, TORTIOUS OR DELICTUAL BEHAVIOUR, NEGLIGENCE, FAULT OR UNDER ANY
OTHER CAUSE OF ACTION. OUR ENTIRE LIABILITY TO YOU,
IF ANY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF SURFINGGECKOSOFTWARE.COM
SHALL BE TO DISCONTINUE USING THIS SITE. UNDER NO CIRCUMSTANCES SHALL
WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITING THE
FOREGOING, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES AND PERSONAL
INJURIES, THAT RESULT IN ANY WAY FROM YOUR USE OF SURFINGGECKOSOFTWARE.COM,
INCLUDING YOUR USE OF OR INABILITY TO USE SURFINGGECKOSOFTWARE.COM OR TO ACCESS
THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION,
SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH SURFINGGECKOSOFTWARE.COM. IN NO EVENT WILL WE BE LIABLE
FOR ANY DAMAGES WHATSOEVER, INCLUDING, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE
INFORMATION AVAILABLE OR REFERRED TO ON THIS SITE. STATEMENTS CONTAINED WITHIN THIS WEB SITE CONCERNING SURFING GECKO SOFTWARE'S FUTURE PROSPECTS ARE "FORWARD LOOKING STATEMENTS". THERE CAN BE NO ASSURANCE THAT FUTURE RESULTS WILL BE ACHIEVED AND ACTUAL RESULTS COULD DIFFER MATERIALLY FROM FORECASTS, ESTIMATES AND SUMMARY INFORMATION CONTAINED IN THIS WEB SITE. Internet and
SurfingGeckoSoftware.com Content The Internet is not owned,
operated or managed by us. The Internet sites displayed as search results or
otherwise linked to SurfingGeckoSoftware.com are developed by third parties over
whom we exercise no control. We do not screen any sites before linking them to
SurfingGeckoSoftware.com. You acknowledge and agree that we have no
responsibility for the accuracy or availability of information provided by
linked sites or SurfingGeckoSoftware.com. Links to external web sites are
provided only as a convenience and do not constitute an endorsement by us of the
providers of such sites or the content, products, advertising or other materials
presented on such sites. We make no representations
that materials on SurfingGeckoSoftware.com or any sites linked thereto are (a)
accurate or complete, or (b) appropriate or available for use in other
locations, and accessing them from territories where their contents are illegal
is strictly prohibited. We retain the right, but not
the obligation, at our sole discretion and without prior notice or liability, to
modify SurfingGeckoSoftware.com and add to or delete from
SurfingGeckoSoftware.com any content, product, service or Internet link. Copyrights and
Trademarks You hereby grant us a
worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license
to use, reproduce, modify, adapt, publish, translate, distribute and sub-license
any and all material or information submitted by you to this site and/or to
incorporate it in other works regardless of form, medium or technology. SurfingGeckoSoftware.com contains, or links to, copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of SurfingGeckoSoftware.com are copyrighted as a collective work under the copyright laws. We own a copyright in the selection, coordination, arrangement and enhancement of such content, and own or license a copyright in the content original to it or contained in it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, such material or content, in whole or in part. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of material or content will be permitted
without our express permission and that of the copyright owner. In the event of
any permitted copying, redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend or copyright
notice shall be made. You acknowledge that you do not acquire any ownership
rights by downloading copyrighted material. Nothing contained on this
site should be considered as granting, by implication, estoppel, or otherwise,
any license or right to use any trademarks, logos, or other names, including,
but not limited to, those identifying us and related companies or their
respective products and services displayed on the site, without our express
written consent or the express written consent of such third parties that may
own such trademarks, logos and other names displayed on this site. Privacy and Security We cannot ensure or guarantee
privacy for users of SurfingGeckoSoftware.com and any use of this Service for
the transmission of confidential information, including credit card information,
shall be at your sole risk, and we shall be relieved of all liability in
connection therewith. Our Privacy Policy sets out
our obligations with respect to the safeguarding, collection and use of your
personal information and is subject to modification from time to time by us. You
agree to review the Privacy Policy periodically to become aware of any such
modifications and continued access or use of SurfingGeckoSoftware.com shall be
deemed to be conclusive acceptance by you of the modified Privacy Policy. You agree that we have the right to monitor SurfingGeckoSoftware.com electronically from time to time to disclose any information as necessary to satisfy any law, regulation, or other governmental request, to operate our Services properly, or to protect ourselves or our users. We will not intentionally monitor (except for the purposes of testing or security protection) or disclose any private information unless required by law. You agree to defend,
indemnify and hold us and related persons and entities, harmless from and
against any and all liabilities, costs and expenses, including reasonable
attorneys' fees, related to any violation of these Terms and Conditions by you,
or in connection with the use of SurfingGeckoSoftware.com or the Internet. The laws of British Columbia
and the federal laws of Canada that apply therein shall govern these Terms and
Conditions. The Terms and Conditions shall be treated, in all respects, as a
contract entered into in British Columbia. As noted above, you may be subject to
other local, provincial and national laws. You hereby irrevocably submit to the
exclusive jurisdiction of the Courts of the Province of British Columbia for any
dispute arising under or relating to this Agreement and waive your right to
institute legal proceedings in any other jurisdiction. We shall be entitled to
institute legal proceedings in connection with any matter arising under this
Agreement in any jurisdiction wherein you reside, do business or have assets. The SurfingGeckoSoftware.com
site originates in Canada. These terms and conditions
shall be deemed to constitute a "writing", whether or not you choose
to print them out in hard copy. For purposes of evidence in any legal
proceeding, a hard copy print-out of these Terms and Conditions shall constitute
an authentic original of the contract between us. The parties hereto have
expressly required that these Terms and Conditions be drawn up in the English
language. Les parties aux présentes ont spécifiquement demandé que cette
Convention soit rédigée en langue anglaise. Acceptance of
Terms and
Conditions These Terms and Conditions,
including any and all documents referenced herein, constitute the entire
agreement between us pertaining to the subject matter hereof. Our failure to
insist upon or enforce strict performance of any provision of these Terms and
Conditions shall not be construed as a waiver of any provisions or right. If you do not agree to all of
the Terms and Conditions, you will have to leave SurfingGeckoSoftware.com and
you are not entitled to use or access same. REMEMBER: the Terms and Conditions
constitute a legal document, which contains certain disclaimers and limitations
of liability. You will be legally bound by these Terms and Conditions if you use
or access SurfingGeckoSoftware.com. NOTE: Surfing Gecko Software,
its logo, and its product names, are trademarks of Surfing Gecko Software Inc.
All rights reserved. All other trademarks appearing on SurfingGeckoSoftware.com
are the property of their respective owners.
Copyright
© 2003 Surfing Gecko Software Inc. All rights reserved. |
