WEB SITE USE TERMS & CONDITIONS
Provider reserves the right to change these terms and conditions
at any time, and you agree that each visit you make to Provider’s
Web Site shall be subject to the current terms and conditions
as published on our website at www.cadsi.ca.
General Terms of Use
By accessing Provider’s Web Site, you are agreeing to be
bound by these Web Site Use Terms & Conditions and all applicable
laws and regulations, and you agree that you are solely responsible
for compliance with any applicable local laws. If you do not agree
with any of these terms, do not use this site. Any claim relating
to Provider’s Web Site shall be governed by the laws of
Canada and the province of British Columbia. The materials contained
in Provider’s Web Site are protected by applicable copyright
and trade mark laws.
Internet Etiquette
Electronic forums such as email distribution lists and UseNet
newsgroups all have ground rules and established etiquette for
posting messages or material to these forums. Users should be
considerate of the expectations and sensitivities of others on
the network when posting material for electronic distribution.
The network resources rented by you may not be used to impersonate
another person or misrepresent your authorization to act on behalf
of Provider or any other party. All messages transmitted by you
should correctly identify you as the sender. Any attempt to alter
the system configuration, to breach the security of the network,
to gain unauthorized access to other users’ email accounts,
or any other attempt at “hacking”, is prohibited,
and will result in the immediate cancellation of all access and
privileges and the possibility of criminal and/or civil charges
being brought.
No Endorsement of Third Party Content
Provider’s Web Site contains links to and frames of sites
that are not maintained by Provider. Provider is not responsible
for the content of those sites and cannot guarantee that those
sites will not change without our knowledge. The inclusion of
such links and frames in Provider’s Web Site does not imply
endorsement of such sites or any content, information, material,
products or services provided on such sites.
Disclaimer and Limitation of Liability
THE MATERIALS AND INFORMATION CONTAINED ON PROVIDER’S WEB
SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH
OR IN CONNECTION WITH PROVIDER’S WEB SITE AND ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, EXPECTATION OF PRIVACY OR NON INFRINGEMENT. In no event
shall Provider or its service Providers, affiliates, associates,
subsidiaries or partners be liable for any damages, including,
without limitation, damages for loss of data or profit, or due
to business interruption, arising out of the use of or inability
to use the materials contained on Provider’s Web Site, even
if Provider has been notified of the possibility of such damage.
Some jurisdictions do not allow the exclusion of implied warranties,
so the above exclusion may not apply to you. This disclaimer of
liability applies to any damages or injury caused by any failure
of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, communication
line failure, theft or destruction or unauthorized access to,
alteration of, or use of record, whether for breach of contract,
tortious behavior, negligence, or under any other cause of action.
The information and opinions expressed in Bulletin Boards, Chat
Rooms, or other forums conducted on this site are not necessarily
those of Provider or its service Providers, affiliates, associates,
subsidiaries or partners and Provider makes no representations
or warranties regarding that information or those opinions. Neither
Provider or its service Providers, affiliates, associates, subsidiaries
or partners shall be responsible or liable to any person or entity
whatsoever for any loss, damage (whether actual, consequential,
punitive or otherwise), injury, claim, liability or other cause
of any kind or character whatsoever based upon or resulting from
any information or opinions provided in such forums.
Limited License
Provider hereby grants you a limited license to view on your computer,
print, download and use any content made available on Provider’s
Web Site for which a fee is not charged, for non-commercial, personal,
or educational purposes only, provided that you do not modify
any such content, and that you include with and display on each
copy of such content all applicable notices, including a copyright
notice, the URL of the document and this limited license. No other
use is permitted.
Without limiting the generality of the foregoing you may not
make any commercial use of such content, either alone or in or
with any product which you distribute, or copy or host such content
on your or any other person’s web site or FTP server. Nothing
contained in this limited license shall be deemed as conferring
any right in any copyright, trade mark, trade name or other proprietary
property of Provider or any other party who owns or has proprietary
rights to the content, information and materials provided on Provider’s
Web Site.
Preservation of Intellectual Property Rights
All material on this site, including, but not limited to images,
illustrations and multimedia materials, is protected by copyrights
which are owned and controlled by Provider or by other parties
that have licensed their material to Provider. Material from this
Web Site or from any other web site owned, operated, licensed
or controlled by Provider may not be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way. Modification
of the materials or use of the materials for any other purpose
is a violation of the copyrights and other proprietary rights
held by the respective Providers thereof. The use of any such
material on any other web site, ftp server or network environment
is prohibited.
Changes and Improvements
Provider may make changes, improvements, alterations or amendments
in and to the products, services, information and materials contained
on Provider’s Web Site, including the terms and conditions
of your use of this Web Site, without liability.
Jurisdictional Issues
Due to the nature of the Internet, it is not possible for Provider
to restrict access to its web site only to those jurisdictions
in which it does business. Some of all of the products and services
offered on this web site may not be eligible for solicitation
in your jurisdiction. If you are accessing this web site from
such a jurisdiction, you should not consider anything on this
site as an offer to sell or as a solicitation to the public to
purchase any product or service from Provider. This site is for
use only by persons residing in jurisdictions where such products
and services may legally be sold.
Provider offers services and programs in many parts of the world.
The web site may refer to certain services or programs that are
not available worldwide. Without specifically limiting the offers
made on this web site, reference to such services or programs
does not imply that Provider intends to offer such service or
programs in all countries or locations.
Unless otherwise specified, the materials contained in Provider’s
web site are presented solely for the purpose of [purposes] in
[country/countries]. This site is controlled and operated by Provider
from its offices in [country]. Provider makes no representation
that any of the materials contained in Provider’s web site
are appropriate or available for use in other locations. Those
who choose to access this site from other locations do so on their
own initiative and are responsible for compliance with local laws,
if and to the extent local laws are applicable.
This agreement shall be governed by and construed in accordance
with the laws of Canada and the province of British Columbia and
the parties hereby attorn to the jurisdiction of the courts of
British Columbia. Any provisions of this agreement which are or
may be rendered invalid, unenforceable or illegal, shall be ineffective
only to the extent of such invalidity, unenforceability or illegality,
without affecting the validity, enforceability or legality of
the remaining provisions of this Agreement. This agreement constitutes
the entire agreement between the parties pertaining to the subject
matter hereof and supersedes all prior and contemporaneous agreements,
understandings, negotiations and discussions, whether oral or
written, of the parties.
Privacy
Provider appreciates and respects the privacy concerns of the
visitors to its web site. As a general policy, no personal information
is automatically collected from customers visiting this web site.
However, certain information is recorded as a matter of course
by Provider’s servers in order to track the number of visitors
to the web site and to help provide an enhanced online experience
for the visitor. The type of information tracked by our servers
includes the browser and operating system in use by the visitor
and the domain name of the visitor’s Internet service Provider.
Collecting this information allows Provider to optimize the visitor’s
web site experience. E mail addresses and other personally identifiable
data about visitors to this site are known to Provider only if
and when voluntarily submitted by the visitor. All personal information
collected by Provider is retained by Provider and not sold or
otherwise provided to third parties. Provider sometimes uses email
addresses and other personally identifiable information to communicate
with visitors who have provided Provider with their email addresses
for specific purposes such as receiving newsletters or other information.
Each newsletter will also contain instructions on how to discontinue
receipt of the newsletter. Visitors should be aware that when
they voluntarily disclose personal information on bulletin boards
or in chat areas, that information can be collected and used by
others and may result in unsolicited messages from other parties.
Many of Provider’s web pages place a “cookie”
in the browser files of a visitor’s computer. The cookie
itself does not contain any personal information. Although cookies
enable Provider to relate a visitor’s use of Provider’s
site to information that the visitor has specifically and knowingly
provided, Provider does not do so for any sites specifically designed
for and aimed at children. Provider believes that parents should
supervise their children’s online activities and should
consider using parental control tools available from online services
and software manufacturers that help provide a kid-friendly online
environment. These tools can also prevent children from disclosing
online any personal information without parental permission.
Submissions
By posting/sending a message in the bulletin board/e mail area,
you agree to have that message along with your name posted for
public viewing both here and in other promotional and advertising
materials without compensation. Provider will attempt to post
as many messages as possible, cannot promise to post every submission.
All messages that are posted here represent the opinions of the
individuals or organizations posting those messages, and do not
express the ideas or opinions of Provider. You may copy the posted
messages for personal use, but redistribution in any way requires
the permission of Provider. In consideration of this authorization,
you agree that any copy you make of any message(s) located on
this web site shall retain all copyright and other proprietary
notices contained therein.
In order to maintain an informative and valuable service that
meets the needs of the users of the web site and avoids the harm
that can result from disseminating statements that are false,
malicious, in violation of the rights of others, or otherwise
harmful, it is necessary to establish the following rules to protect
against abuse:
(a) You may not post or transmit any message which is libelous,
defamatory or which discloses private or personal matters concerning
any person. You may not post or transmit any message, file, image
or program which is indecent, obscene or pornographic.
(b) You may not post or transmit any message, file, image or
program that would violate the property rights of others, including
unauthorized copyrighted text, images or programs, trade secrets
or other confidential proprietary information, and trade marks
or service marks used in an infringing fashion.
(c) You may not interfere with other users’ use of the
web site.
(d) You may not post or transmit any message, file, image or
program which contains viruses, worms, Trojan horses or any other
contaminating or destructive agent.
(e) You may not post or transmit any message which is harmful,
threatening, abusive or hateful. It is not Provider’s intention
to discourage its users from taking controversial positions or
expressing vigorously what may be unpopular views; however. Provider
reserves the right to take such action as it deems appropriate
in cases where the web site is used to disseminate statements
which are deeply and widely offensive and/or harmful.
(f) Any information provided to Provider shall be provided by
the submitter and received by Provider on a non confidential basis.
Provider will only accept submissions made by registered users
of Provider. Provider shall be free to use such information without
limitation, restriction or obligation. All submissions, comments,
ideas, and correspondence become the sole property of Provider.
(g) You may not post or transmit charity requests, petitions
for signatures, chain letters or letters relating to pyramid schemes.
You may not post or transmit any advertising, promotional materials
or any other solicitation of other users of the web site for goods
or services except in those areas (e.g., a classified bulletin
board) that are designated for such purpose.
(h) You may not use the facilities and capabilities of the web
site to conduct or solicit the performance of any illegal activity
or other activity which infringes the rights of others.
(i) You may not post any e-mail or materials that would be considered
a violation of any law. Provider will co operate fully with any
law enforcement authorities or court order requesting or directing
Provider to disclose the identity of anyone posting any such e-mail
or materials.
You agree to indemnify Provider and its officers, directors,
employees, agents, distributors and affiliates from and against
any and all third party claims, demands, liabilities, costs, or
expenses, including reasonable legal fees, resulting from your
breach of any of the foregoing provisions.
Submission of Ideas by Users
You agree to grant to Provider a non exclusive, royalty free,
worldwide, perpetual license to reproduce, distribute, transmit,
sublicense, create derivative works of, publicly display, publish
and perform any materials and other information you submit to
any public areas, chat rooms, bulletin boards, newsgroups or forums
of Provider’s site(s) or which you provide by email or any
other means to Provider and in any media now known or hereafter
developed. Further, you grant to Provider the right to use your
name in connection with the submitted materials and other information
as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse
against Provider for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to Provider.