Terms of Use
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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.

Copyright

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.

 

Terms of Use

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.

 

Disclaimer of Warranties & Limitation of Liability

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.

 

Indemnification

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.

 

Recourse

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.

 

Miscellaneous Terms

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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