From Egistix Oil Help
ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING HELP.EGISTIX.COM (THIS "WEB SITE"). YOUR USE OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS COPYRIGHT STATEMENT AND TERMS OF USE (COLLECTIVELY, "TERMS OF USE"). IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEB SITE.
COPYRIGHT
While Castor Acer Associates Inc ("CAAI") maintains copyright protection in all materials, information and publications (collectively, "Web Site Information") it places on this Web Site, CAAI consents to normal downloading, copying and distribution of the information for non-commercial purposes by you or within your organization only. In consideration of this consent, you agree that copies of the Web Site Information will retain all copyright and other proprietary notices and that you will not modify the Web Site Information in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any Web Site Information, in whole or in part, without the prior written consent of CAAI.
Certain restricted product information is available on this Web Site only to licensed customers of CAAI that are registered to receive information via passwords issued by CAAI. This restricted information is considered confidential and proprietary information of CAAI. If you are a registered customer or a representative of a registered customer, CAAI authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within the customer organization, and only for the intended purposes authorized by CAAI. Issuance of a registration password is conditioned on the customer's use of the information in accordance with the terms of their license, product or service agreement with CAAI. You shall not transfer your password to unauthorized parties. You will immediately notify CAAI of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any Web Site Information or area within this Web Site.
Website Ownership
The Website is owned by CAAI. All materials distributed in the Website (the "Materials") are either owned by or licensed to CAAI. CAAI and its licensors retain all proprietary rights to the Materials. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of CAAI. Materials must not be used in any unauthorized manner.
Website Control
CAAI may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. CAAI may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
Linking
The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website to other Web sites maintained by third parties, do not constitute an endorsement by CAAI or any of its affiliates of any third party Web site or content. CAAI is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster.
Disclaimer of Warranties
A. USE OF THE WEBSITE, AND/OR SERVICES ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE APPLICABLE VENDOR, THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ALL SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. CAAI DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE.
Limitations on Liability
A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY CAAI OR ANY ACT OR FAILURE TO ACT BY CAAI OR ITS SUBSIDIARIES, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE.
B. IN NO EVENT SHALL CAAI BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES, TICKETS OR MERCHANDISE.
C. IN NO EVENT SHALL CAAI, ITS SUBSIDIARIES OR ANY OTHER CAAI ENTITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CAAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF CAAI IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF CAAI, ITS SUBSIDIARIES AND ANY CAAI ENTITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR SERVICES IS $50.
D. IN NO EVENT SHALL CAAI OR ANY OTHER CAAI ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.
Indemnification
You hereby agree to indemnify and hold CAAI, Castor Acer Associates Inc., Egistix.com , and their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives (collectively, the "CAAI Entities") harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, and/or Services or (B) any alleged breach of this Agreement by you.
Termination
CAAI may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. CAAI may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability at any time in CAAI's exclusive discretion, without prejudice to any legal or equitable remedies available to CAAI, for any reason or purpose, including, but not limited to, conduct that CAAI believes violates these Terms of Use or other policies or guidelines posted on the Website or conduct which CAAI believes is harmful to other customers, to the CAAI's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by CAAI in its sole discretion. In addition and without prejudice to any other remedy available to CAAI, CAAI may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by CAAI.
Choice of Law; Jurisdiction; Attorneys' Fees
This Agreement will be governed by the laws of the Province of Alberta, Canada applicable to contracts entered into and performed exclusively in that Province. Any court of competent jurisdiction sitting within Calgary, Alberta will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. CAAI will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. CAAI in its sole discretion may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. Sections 4, 5, 6, 7 and 8 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
Acceptance of Terms of Use
By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. CAAI may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.