WEB SITE USE AGREEMENT
This version in effect since JAN, 01, 2010
1. You’re accepting of this Agreement.
This is an Agreement between you and D-Fect Design and governs your use of the D-Fect Design Web site and its content (collectively the “Web Site”). Each time you use the Web Site you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.
2. No Professional Advice.
The Web Site is for convenience and informational purposes only. The Web Site is not intended to be a comprehensive or detailed statement concerning the matters addressed; design/development or any other kind of advice; or an offer to sell or buy any product or service. You should seek appropriate, qualified professional advice before acting or omitting to act based upon any information provided on or though the Web Site. Information transmitted toD-Fect Design through the Web Site may not be secure, may not be treated as confidential or protected, and does not create any relationship or duty of any kind. You should not send confidential or sensitive information by the Internet or e-mail unless you take appropriate precautions, such as the use of encryption.
3. Permitted Users and Access.
The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited.
4. Disclaimer and Liability Exclusion.
D-Fect Design DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEB SITE. YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED by D-Fect Design TO THE FULLEST EXTENT PERMITTED BY LAW.D-Fect Design WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON.
5. Personal Information Privacy.
6. Ownership and Permitted Use of the Web Site.
Copyright © 2008 D-Fect Design All rights reserved. The Web Site, including all of its content, is the property of D-Fect Design and others, and is protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content. The Web Site is made available to you for your lawful, personal, non-commercial use only. You may print or download Web Site pages for your personal, non-commercial use provided that you do not modify any of the Web Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not use the Web Site or its content for any other purpose or in any other way. In particular, the Web Site and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of D-Fect Design.
7. Trade-mark Information
D-Fect Design™ and D-Fect DesignCANADA™ are trade-marks, trade-names and service-marks owned by D-Fect Design. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos displayed on the Web Site (collectively “Marks”), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Marks.
8. Other Sites.
For your convenience, the Web Site may include links to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from D-Fect Design, and D-Fect Design has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk.
9. No Framing, Mirroring, Scraping, Data-Mining and Postings.
The framing, mirroring, scraping or data-mining of the Web Site or any of its content in any form and by any method is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Web Site or to post comments, communications, or any other data of any kind to or on the Web Site with the intention that such postings may be viewed by other users of the Web Site.
10. Termination of this Agreement and the Web Site.
11. Governing Law and Dispute Resolution.
This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of the Province of Alberta, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between D-Fect Design and you or any other person arising from, connected with or relating to the Web Site, this Agreement or any related matters must be resolved before the Courts of the Province of Alberta sitting in the City of Calgary, and you hereby irrevocably submit and at torn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the Province of Alberta within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred.
12. Changes to this Agreement.
D-Fect Design may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.
13. Other Matters.
This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and D-Fect Design relating to your use of the Web Site, and supersedes all previous agreements, written, oral or otherwise, between you and D-Fect Design with respect to your use of the Web Site. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions. The provisions of this Agreement will ensure to the benefit of and be binding upon each of D-Fect Design and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of D-Fect Design which may be withheld in D-Fect Design’s sole discretion. D-Fect Design may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient rediges en anglais.
WEB SITE USE AGREEMENT