1. Restrictions On Use.
2. Proprietary Information.
(a) The Site contains text, graphics, photos, software, logos, icons and other materials furnished by DRIcore® (the "Content"). The Content is protected under Canadian copyright and trade-mark laws and other laws of Canada and other nations. All Content, including the collection, arrangement, and assembly of such content, is the exclusive property of DRIcore® and its licensors. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Content, in whole or in part, in an form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of DRIcore®. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of DRIcore® or its licensors or allow any third party to access the Content. The restrictions set out herein shall not apply to the limited extent the restrictions are prohibited by applicable law.
(c) Trade-marks, service marks, and logos appearing in this Site are the property of DRIcore® or the party that provided the trade marks, service marks, and logos to DRIcore®. DRIcore® and any party that provided trade-marks, service marks, and logos to DRIcore® retain all rights with respect to any of their respective trade-marks, service marks, and logos appearing in this Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark displayed on this Site.
4. Conduct and the Use of the Site/Remarks.
(a) DRIcore® expects that you will access and use the Site in a professional, responsible and business-like manner in accordance with applicable laws. As a visitor to the Site, you may have the opportunity to post comments, submit questions or other information or otherwise engage in dialogue with representatives of DRIcore® through the sending of email to the Site. DRIcore® welcomes your content, remarks, suggestions, ideas, graphics, and other information communicated to DRIcore® by you through this Site (collectively, "Remarks") so long as such Remarks are not obscene, illegal, threatening, defamatory, invasive of privacy, infringing of third party intellectual property or privacy rights, or is otherwise injurious to third parties and does not consist of or contain software viruses, commercial solicitation, chain letters, political campaigning, or any form of "spam". Of course, you are prohibited from using a false e-mail address, from impersonating another person or entity, or otherwise misleading DRIcore® as to your identity when you are on the Site or otherwise communicating with DRIcore®.
(c) You hereby agree to release DRIcore®, its directors, officers, shareholders, employees, affiliates, subsidiaries, parents, agents, advisors, service providers, representatives, successors and assigns, and each of their respective officers, directors, shareholders, employees, affiliates, subsidiaries, parents, agents, advisors, representatives, successors and assigns from any and all liability whatsoever or arising from your use of the Site, or from Remarks that you post to, submit or transmit through the Site and you agree that if you are unhappy with the Site that your sole remedy is to cease using the Site.
6. Disclaimer of Warranties.
(a) You understand that DRIcore® cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. DRIcore® does not assume any responsibility or risk for your use of the Internet.
(b) DRIcore® make no warranties or conditions regarding the completeness, accuracy or availability of the Content. The Content is provided for informational purposes only, is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by DRIcore®. Users of this Site should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
(c) YOUR USE OF THIS SITE IS AT YOUR OWN RISK. EVERYTHING ON THE SITE, INCLUDING THE CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. DRIcore® EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR PARTICULAR USE RELATING TO THE SITE, THE CONTENT AND YOUR USE OF THE CONTENT AND ALL PERFORMANCE HEREUNDER), TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT A COURSE OF DEALING OR USAGE OF TRADE.
(d) FOR GREATER CLARITY, DRIcore® DOES NOT WARRANT THAT (I) THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED, RELIABLE, ACCURATE, COMPLETE, SUITABLE, VALID, TRUTHFUL, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (II) THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (III) THE USE OF THE CONTENT AND THE SITE WILL BE TIMELY, SECURE, OR ERROR-FREE; (IV) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE CONTENT AND THE SITE WILL ACCURATE, BENEFICIAL OR RELIABLE; OR (V) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. DRIcore® DOES NOT REPRESENT, WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND DRIcore® MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT DRIcore®, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. DRIcore® MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS USED BY YOU AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL. DRIcore® DOES NOT REPRESENT OR WARRANT THAT THE CONTENT, THE SITE, ITS SERVERS OR EMAIL SENT FROM THE SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
(e) DRIcore® DISCLAIMS ANY AND ALL SUCH ABOVE REPRESENTATIONS, WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
7. Limitation Of Liability.
(a) YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE RISK OF FINANCIAL LOSS, PHYSICAL HARM, DEALING WITH OTHER USERS OF THE SITE AND PERSONS ACTING UNDER FALSE PRETENSE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL DRIcore®, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS AGENTS OR ADVISORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF INCOME, REVENUES, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DRIcore® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN TORT, NEGLIGENCE, STATUTE, CONTRACT, COMMON LAW, EQUITY, STRICT LIABILITY OR OTHERWISE), RESULTING FROM: (I) YOUR USE OR THE INABILITY TO USE OR OBTAIN THE SITE, THE CONTENT OR ANY SITE TO WHICH YOU HYPERLINK FROM THE SITE; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE CONTENT VIOLATES ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT; (III) ANY FAILURE OF PERFORMANCE OF THE SITE, THE CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; (IV) OR ANY OTHER MATTERS RELATING TO THE SITE, REMARKS AND THE CONTENT.
(b) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING, IF DRIcore® SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGES WHICH ARISE OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THIS SITE OR ITS CONTENT, THE MAXIMUM LIABILITY OF DRIcore® WILL IN NO EVENT EXCEED, IN THE AGGREGATE, CDN$500.
2311 Royal Windsor Drive
(e) You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
All rights reserved. DRIcore® is a registered trade-mark of AGT Products Inc. and DRIcore® is a licensed user of such trade-mark.