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Service Agreement
This
Web site is offered to you conditional upon acceptance by you of this
service agreement set out below as well as any amendments or additional
terms, policies or procedures published on this Web site from time to
time by Netlogic Media Inc.., you should check these terms
and conditions from time to time to keep informed of any such amendments
or additions.
By
accessing and using this Web site, you are deemed to have agreed to
this service agreement.
1.
Definitions
-
"CalgaryBiz.com
," "CalgaryBiz," "CalgaryBusiness," and
"CalgaryBusiness.comô" is an on-line service operated by
Netlogic Media Inc. Inc. (Netlogic) on the World Wide Web of the
Internet, consisting of information services and content provided by
Netlogic, affiliates and associates of Netlogic, and other third parties.
-
"Subscriber"
means each person who establishes or accesses a connection
("account") for access to and use of CalgaryBiz.com
whether the person is a client of Netlogic or not.
-
"Client"
means each person who is currently utilizing the services of
Netlogic and
its affiliates.
2. General
This
Agreement, which incorporates by reference other provisions applicable
to use of CalgaryBiz.com, including (but not limited to) supplemental
terms and conditions set forth in paragraph 13 hereof
("Supplemental Terms") governing the use of certain specific
material contained in CalgaryBiz.com sets forth the terms and
conditions that apply to use of CalgaryBiz.com by Subscriber. By
using CalgaryBiz.com Interactive (other than to read this
Agreement for the first time), Subscriber agrees to comply with all of
the terms and conditions hereof. The right to use CalgaryBiz.com (tm)
is personal to Subscriber and is not transferable to any other person
or entity. Subscriber is responsible for all use of Subscriber's
Account (under any screen name or password) and for ensuring that all
use of Subscriber's Account complies fully with the provisions of this
Agreement. Subscriber shall be responsible for protecting the
confidentiality of Subscriber's password(s), if any. Netlogic shall have
the right at any time to change or discontinue any aspect or feature
of CalgaryBiz.com including (but not limited to) content, hours
of availability, and equipment needed for access or use.
3. Changed Terms
Netlogic shall
have the right at any time to change or modify the terms and
conditions applicable to Subscriber's use of CalgaryBiz.com, or any
part thereof, or to impose new conditions, including (but not limited
to) adding fees and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately upon notice
thereof, which may be given by means including (but not limited to)
posting on CalgaryBiz.com, or by electronic or conventional mail, or
by any other means by which Subscriber obtains notice thereof. Any use
of CalgaryBiz.com by Subscriber after such notice shall be deemed
to constitute acceptance by Subscriber of such changes, modifications
or additions.
4. Equipment
Subscriber
shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of
CalgaryBiz.com and all charges related thereto.
5. Subscriber Conduct
-
Subscriber
shall use CalgaryBiz.com for lawful purposes only. Subscriber
shall not post or transmit through CalgaryBiz.com any material
which violates or infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate
any law, or which, without Netlogic's express prior approval, contains
advertising or any solicitation with respect to products or
services. Any conduct by a Subscriber that in Netlogic's discretion
restricts or inhibits any other Subscriber from using or enjoying
CalgaryBiz.com will not be permitted. Subscriber shall not use CalgaryBiz.com to advertise or perform any commercial
solicitation, including (but not limited to) the solicitation of
users to become Subscribers of other on-line information services
competitive with Online financialguide.
-
CalgaryBiz.com contains 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 CalgaryBiz.com are copyrighted as a collective work under the
Canadian copyright laws. Netlogic owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well
as in the content original to it. Subscriber may not modify,
publish, transmit, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole
or in part. Subscriber may download copyrighted material for
Subscriber's personal use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded
material will be permitted without the express permission of
Netlogic and
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. Subscriber acknowledges that it does not
acquire any ownership rights by downloading copyrighted material.
-
Subscriber
shall not upload, post or otherwise make available on CalgaryBiz.com any material protected by copyright, trademark or other
proprietary right without the express permission of the owner of the
copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests
with Subscriber. Subscriber shall be solely liable for any damage
resulting from any infringement of copyrights, proprietary rights,
or any other harm resulting from such a submission. By submitting
material to any public area of CalgaryBiz.com, Subscriber
automatically grants, or warrants that the owner of such material
has expressly granted Netlogic the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in
part) worldwide and/or to incorporate it in other works in any form,
media or technology now known or hereafter developed for the full
term of any copyright that may exist in such material. Subscriber
also permits any other Subscriber to access, view, store or
reproduce the material for that Subscriber's personal use.
Subscriber hereby grants Netlogic the right to edit, copy, publish and
distribute any material made available on CalgaryBiz.com by
Subscriber.
-
The
foregoing provisions of Section 5 are for the benefit of Netlogic, its
subsidiaries, affiliates 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.
6. Disclaimer of
Warranty; Limitation of Liability
-
Subscriber
expressly agrees that use of CalgaryBiz.com is at Subscriber's
sole risk. Neither Netlogic, its affiliates, nor any of their respective
employees, agents, third party content providers, or licensors
warrant that CalgaryBiz.com will be uninterrupted or
error-free; nor do they make any warranty as to the results that may
be obtained from use of CalgaryBiz.com, or as to the accuracy,
reliability, or content of any information, service, or merchandise
provided through CalgaryBiz.com.
-
CalgaryBiz.com is provided on an "as is" basis without warranties of
any kind, either express or implied, including (but not limited to)
warranties of merchantability or fitness for a particular purpose,
other than those warranties which are implied by and incapable of
exclusion, restriction, or modification under the laws applicable to
this agreement.
-
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 record, whether for breach of
contract, tortious behavior, negligence, or under any other cause of
action. Subscriber specifically acknowledges that Netlogic is not liable
for the defamatory, offensive, or illegal conduct of other
Subscribers or their parties and that the risk of injury from the
foregoing rests entirely with Subscriber.
In no
event will Netlogic, or any person or entity involved in creating,
producing or distributing CalgaryBiz.com or the CalgaryBiz.com software, be liable for any damages, including (without
limitation) direct, indirect, incidental, special, consequential, or
punitive damages arising out of the use of or inability to use CalgaryBiz.com. Subscriber hereby acknowledges that the
provisions of this section shall apply to all content on CalgaryBiz.com.
In
addition to the terms set forth above, neither Netlogic nor its
affiliates, information providers or content partners shall be
liable regardless of the cause or duration, for any errors,
inaccuracies, omissions, or other defects in, or untimeliness or
unauthenticity of, the information contained within CalgaryBiz.com, or for any delay or interruption in the transmission thereof
to the user, or for any claims or losses arising there from or
occasioned thereby. None of the foregoing parties shall be liable
for any third-party claims or losses of any nature, including (but
not limited to) lost profits, punitive or consequential damages.
Prior to the execution of a stock trade, Subscribers are advised to
consult with their broker or other financial representative to
verify pricing or other information. Netlogic, its affiliates,
information providers, or content partners shall have no liability
for investment decisions based upon the information provided.
Neither Netlogic nor its affiliates, information providers or content
providers warrant or guarantee the timeliness, sequence, accuracy,
or completeness of this information. Additionally, there are no
warranties as to the results obtained from the use of the
information.
7. Monitoring
Netlogic shall
have the right, but not the obligation, to monitor the content of
CalgaryBiz.com, including chat rooms and forums, to determine
compliance with this Agreement and any operating rules established by
Netlogic and to satisfy any law, regulation or authorized government
request. Netlogic shall have the right in its sole discretion to edit,
refuse to post or remove any material submitted to or posted on
CalgaryBiz.com Without limiting the foregoing, Netlogic shall have
the right to remove any material that Netlogic, in its sole discretion,
finds to be in violation of the provisions hereof or otherwise
objectionable.
8. Indemnification
Subscriber
agrees to defend, indemnify and hold harmless Netlogic, its affiliates and
their respective directors, officers, employees and agents from and
against all claims and expenses, including attorneys' fees, arising
out of the use of CalgaryBiz.com by Subscriber or Subscriber's
Account.
9. Termination
Either
Netlogic
or Subscriber may terminate this Agreement at any time. Without
limiting the foregoing, Netlogic shall have the right to immediately
terminate Subscriber's Account in the event of any conduct by
Subscriber which Netlogic, in its sole discretion, considers to be
unacceptable, or in the event of any breach by Subscriber of this
Agreement. The provisions of Sections 5(b), 5(c), 5(d), 6, 8, 10 and
this Section 9 shall survive termination of this Agreement.
10. Trademarks
All rights
reserved. All other trademarks appearing on CalgaryBiz.com) are
the property of their respective owners.
11. Third Party
Content
Netlogic is
a distributor of content supplied by third parties and Subscribers.
Accordingly, Netlogic has no more editorial control over such
content than does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or other information
or content expressed or made available by third parties, including
information providers, Subscribers or any other user of CalgaryBiz.com,
are those of the respective author(s) or distributor(s) and not of
Netlogic.
Neither Netlogic nor any third-party provider of information guarantees the
accuracy, completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose. (Refer to
Section 6 above for the complete provisions governing limitation of
liabilities and disclaimers of warranty.)
In many
instances, the content available through CalgaryBiz.com (tm)
represents the opinions and judgments of the respective information
provider, Subscriber, or other user not under contract with Netlogic.
Netlogic
neither endorses nor is responsible for the accuracy or reliability of
any opinion, advice or statement made on CalgaryBiz.com (tm) by anyone
other than authorized Netlogic employee spokespersons while acting in their
official capacities. Under no circumstances will Netlogic be liable for any
loss or damage caused by a Subscriber's reliance on information
obtained through CalgaryBiz.com (tm). It is the responsibility of
Subscriber to evaluate the accuracy, completeness or usefulness of any
information, opinion, advice or other content available through
CalgaryBiz.com (tm). Please seek the advice of professionals, as
appropriate, regarding the evaluation of any specific information,
opinion, advice or other content.
12. Miscellaneous
This
Agreement and any operating rules for CalgaryBiz.com established
by Netlogic constitute the entire agreement of the parties with respect to
the subject matter hereof, and supersede all previous written or oral
agreements between the parties with respect to such subject matter.
This Agreement shall be construed in accordance with the laws of the
Province of Alberta (Canada), without regard to its conflict of laws
rules. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach
or default. The section headings used herein are for convenience only
and shall not be given any legal import.
13. Supplemental Terms
As set
forth in the CalgaryBiz.com Service Agreement which governs the
use of CalgaryBiz.com ,please be advised that neither Netlogic
Media Inc. (Netlogic), it's associates and/or
affiliates, information providers or content partners shall be liable
regardless of the cause or duration, for any errors, inaccuracies,
omissions, or other defects in, or untimeliness or unauthenticity of,
the information contained within CalgaryBiz.com , or for any delay
or interruption in the transmission thereof to the user, or for any
claims or losses arising there from or occasioned thereby. None of the
foregoing parties shall be liable for any third-party claims or losses
of any nature, including (but not limited to) lost profits, punitive
or consequential damages. Prior to the execution of a stock trade, you
are advised to consult with your financial advisor to verify pricing
or other information. Netlogic, its affiliates and/or associates,
information providers or content partners shall have no liability for
investment decisions based on the information provided. Neither,
Netlogic,
nor its affiliates, information providers or content partners warrant
or guarantee the timeliness, sequence, accuracy or completeness of
this information. Additionally, there are no warranties as to the
results obtained from the use of this information.
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