IMPORTANT LEGAL NOTICE
Your use of this website will constitute your agreement to comply with our terms and conditions of use as stated below. If you cannot agree with these rules, please do not use this website.
If you do not read our terms and
conditions of use, you should not use this website.
TERMS AND CONDITIONS OF USE OF SITE
GENERAL
- KingswayInfo.com ("Service Provider" or "we")
reserves the right to change the content, presentation, performance,
user facilities and availability of any part of this website at its sole
discretion, including these terms and conditions of use, and you should
check these terms and conditions of use regularly for any changes.
- The information, content, graphics, text, sounds, images, buttons,
trademarks, service marks, trade names and logos (the "Materials")
contained in this website are protected by copyright, trademark,
and other intellectual property laws,
under national laws and international treaties.
The Service Provider and/or any owners of the Material
(as the case may be) (the "Owners") retain all right, title, interest and
intellectual property rights in and to the Materials. Nothing in these
terms and conditions of use shall be construed as conferring by
implication, estoppel or otherwise, any licence or right to the Material
under any copyright, patent, trade mark, or
other intellectual property laws.
- You are granted a limited licence solely for your own personal
non-commercial use to refer to and/or bookmark any page within this
website and to download the materials contained in this website to a
single personal computer and to print a single hard copy of the
Materials contained on this website for your own personal reference,
provided however that all copyright, trade mark and other proprietary
notices are left intact. The grant of this limited licence is
conditional on your agreement to, and compliance with, all of these
terms and conditions. Any other use of the Materials on this website,
including any form of distribution, re-publication or re-delivery using
framing technology is
strictly prohibited and is in violation of the proprietary rights of
the Owners.
- You may not use this website to engage in activities which
- infringe the proprietary rights of Service Provider and/or its licensors
and/or third parties;
- compromise the privacy of others;
- are libellous, constitute malicious falsehood or disparagement
goods or services or are otherwise defamatory;
- are immoral, obscene, pornographic, illegal or advocating of
illegal activity;
- destroy the integrity of any data or other computer based
information.
You hereby agree to indemnify and hold harmless Service Provider against any
claims, proceedings and actions taken and all damages (including costs)
that may be awarded or agreed to be paid to any third party in respect
of any claim or action arising as a result of your breach of this
condition.
- You acknowledge and agree that after leaving this website,
whether via a hypertext link or otherwise, Service Provider cannot be
responsible in any way for any material that you encounter and we
exclude to the fullest extent permitted by law all liability that may
arise with respect to or as a result of such material causing any
damage, costs, injury or financial loss of any kind.
- In accessing this website, you do so at your own risk and on your
own initiative, and are responsible for compliance with local laws, to
the extent any local laws are applicable. These terms and conditions of
use shall be governed by and construed in accordance with the laws of
Canada, and you hereby agree for the benefit of Service Provider, and without
prejudice to the right of Service Provider to take proceedings in relation to
these terms and conditions of use before any other court of competent
jurisdiction, that the courts of Canada shall have jurisdiction to hear
and determine any action or proceedings that may arise out of or in
connection with these terms and conditions of use, and for such purposes
you irrevocably submit to the jurisdiction of such courts.
- Any waiver of any provision of these terms and conditions must be in
writing and signed by Service Provider to be valid. A waiver of any provision
hereunder shall not operate as a waiver of any other provision, or a
continuing waiver of the same provision in the future. If any court of
competent jurisdiction finds any provision of these terms and conditions
to be void or unenforceable for any reason, then such provision shall be
ineffective to the extent of the court's finding without affecting the
validity and enforceability of any remaining provisions. These terms and
conditions, our
MEMBERSHIP TERMS,
and our PRIVACY POLICY
represent the entire understanding and agreement between you and Service Provider
relating to use of this website,
and supersede any and all prior statements, understandings or agreements
whether oral or written, and shall not be modified except in writing,
signed by you and by Service Provider.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
-
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
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SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISTICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISTICTIONS TO JURISTICTIONS.
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YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
OTHER PROVISIONS
-
Service Provider has the right to terminate your ability to access the Service, for any or no reason, without notice.
- You expressly acknowledge and agree that where you purchase goods
and materials or procure services through the Service Provider website, that
you do so at your own cost and risk. Service Provider is not a party to any
contract for the provision of goods and/or services entered into by you
through the Service Provider website, and any rights and remedies which you
might have arising pursuant to such contract, including any claims
relating to implied warranties as to fitness for purpose or
merchantability, are against the merchant from which you obtained the
goods and/or services. You expressly acknowledge and agree that
Service Provider shall have no liability whatsoever for loss of damages arising
out of or in connection with any contract entered into by you for the
purchase of goods and/or provision of services through the Service Provider
website.
- Any Materials, content or information received on or via this
website should not be relied on for important personal, financial or
business decisions and you should consult an appropriate professional
for advice which is specifically tailored to your particular
circumstances. Materials, content and information received via this
website is supplied by sources believed to be reliable. However,
calculations made using such Materials, content and information and
opinions expressed in relation to such Materials, content and
information are not guaranteed by these sources, Service Provider, or any other
person or entity, and may not be complete.
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