PLEASE READ THE FOLLOWING CAREFULLY
IMPORTANT! These Terms of Use govern your use of this website (“Site”) which is owned and operated by DRICORE’s®. Any person who wishes to use this Site must accept these Terms of Use without change. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE AND ALL RELATED POLICIES AND GUIDELINES OF THIS SITE. DRICORE’s® reserves the right to change or modify these Terms of Use or any other policies or guidelines governing the Site at any time in its sole discretion. Any changes will be effective upon the posting of the revisions on the Site. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. YOUR CONTINUED USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OF USE, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE.
- Restrictions On Use. You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without DRICORE®’s express prior written consent. For example, you may not and may not authorize any other party to without the express prior written permission of an authorized representative of DRICORE®:
(i) co brand this Site;
(ii) frame this Site; or
(iii) hyperlink to this Site . For purposes of these Terms of Use, “co branding” means to display any name, logo, trade-mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site or which may confuse a user as the nature of the relationship between any party and DRICORE®. You agree to cease and desist causing any unauthorized co-branding, framing or hyperlinking upon notice from DRICORE® and at all times you will cooperate with DRICORE® following DRICORE®’s discovery of any such illegal activity. - 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.
(b) Permission is granted to you to download and make one printed copy of the Content for your own private, non-commercial use only, without alterations, so long as the following copyright notice is included: “© DRICORE®., 2012. All Rights Reserved.” You do not acquire any ownership rights by downloading Site Content from the Site.
(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. - Hyperlinks. This Site contains hyperlinks to other sites which are not maintained by, or related to, DRICORE®. Hyperlinks to such sites are provided solely as a convenience to you and do not imply any endorsement by DRICORE® of, the contents or materials on such sites or any affiliation, or endorsement of or by any affiliation with the owner of the linked site, or third party products or services in any manner. DRICORE® has no control over such third party sites, third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to the Site. DRICORE® does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites and your access and use of such third party sites, including any information, material, products and services therein, is solely at your own risk. DRICORE® accepts no liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of access to or use of any hyperlinked website or any information or reliance on any such content, goods or services available on or through any such linked website. You also understand and agree that DRICORE®’s Privacy Policy is applicable only while you are using the Site. Once you are linked to another website, you should read the privacy statement of that website before disclosing any personal information.
- 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®.
(b) You hereby grant to DRICORE® a royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, copy, bundle, market, adapt, transmit, arrange, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person, display or otherwise use any Remarks communicated to DRICORE® by you through this Site (including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein) and to incorporate any Remarks in other works in any form, media, or technology now known or later developed, including for advertising and promotion purposes, for any purpose, whatsoever, without any duty to account to you. You represent and warrant that you own or otherwise control all of the rights to the Remarks that you post; that the Remarks is accurate; that the use of the Remarks that you supply does not violate these Terms of Use and will not cause injury to any person or entity, and that you will indemnify DRICORE® and/or its affiliates/subsidiaries for all claims resulting from any Remarks that you provide to DRICORE®. In addition, You irrevocably waive all of your moral rights as author in respect of such Remarks, however arising. DRICORE® will not be required to treat any Remarks as confidential, and may use any Remarks in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future DRICORE® operations.
(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.
(d) DRICORE® will treat any personal information that you submit through this Site in accordance with its Privacy Policy. - Privacy Policy. Please click here to read and review DRICORE®’s Privacy Policy, which describes DRICORE®’s privacy policies and practices in detail, as such statement may be amended from time to time by DRICORE®. DRICORE® advises you to check the Privacy Policy on a frequent basis for changes. You hereby consent to the use of your personal information by DRICORE® and/or its service providers in accordance with the terms and for the limited purposes set forth in the Privacy Policy. By agreeing to these Terms of Use, you acknowledge and agree that certain information about you is subject to DRICORE®’s Privacy Policy.
- 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. - 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. - Indemnity. You agree at all times to indemnify, defend and hold harmless DRICORE®, its subsidiaries, affiliates, licensors, service providers, employees, contractors, agents, officers, directors, successors and assigns (the “Indemnified Partiesâ€) from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of the Site, the Content or your violation from these Terms of Use. You will also indemnify, defend, save and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of Content from this Site.
- Violations. DRICORE® reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing DRICORE® to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE, AND HOLD DRICORE® HARMLESS FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DRICORE® DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DRICORE® OR LAW ENFORCEMENT AUTHORITIES. PLEASE REPORT ANY VIOLATIONS OF THESE TERMS OF USE TO DRICORE® TO OUR SITE ADMINISTRATOR AT (905) 403-0425 OR BY E-MAIL AT web@agtproductsinc.com OR BY EMAIL TO THE ATTENTION OF THE WEBSITE ADMINISTRATOR (THE “WEBSITE ADMINISTRATOR”) AT: DRICORE® 2311 Royal Windsor Drive Unit 2 Mississauga, Ontario L5J 1K5
- Termination. You acknowledge and agree that these Terms of Use shall remain in effect for so long as you use this Site. You agree that this agreement can only be terminated by you once you have stopped using the Site. DRICORE® reserves the right to terminate your use of the Site at any time, for any reason, with or without cause, if DRICORE® believes that you are violating these Terms of User in any way. DRICORE® also has the right, in its sole discretion, to remove any Remarks from the Site and, to if applicable, DRICORE® may also terminate your password on the Site at any time, with or without cause or notice, for any reason. If you wish to terminate your account, you many choose to cease your use of the Site or to send DRICORE® notification by e-mail at web@agtproductsinc.com. DRICORE® shall not be responsible for maintaining or returning Remarks or your password. You should always maintain a copy of your Remarks.
- General. (a) These Terms of Use and any action related thereto or related to the Site and the Content shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement. You agree that any action at law or in equity arising out of or relating to these Terms of Use or your use of the Site and the Content will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action. Your use of the Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use the Site or the Content in any such circumstances. Sections 2, 3, 4, 5, 6, 7, 8, 9 and 11 shall survive any termination of these Terms of Use for any reason.
(b) These Terms of Use and any other legal notices, policies and guidelines of DRICORE® linked to these Terms of Use constitute the entire agreement between you and DRICORE®® relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
(c) DRICORE® is not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms of Use is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of DRICORE®, you, and relying service providers.
(d) The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms of Use.
(e) You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
(f) DRICORE® will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by DRICORE®. No delay or omission by DRICORE® in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. DRICORE® failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of DRICORE®® right to subsequently enforce such provision or any other provisions of these Terms of Use.
(g) If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
All rights reserved. DRICORE® is a registered trade-mark of AGT Products Inc. and DRICORE® is a licensed user of such trade-mark.
Last updated: August 08, 2012