The following terms and conditions (the "Agreement")
govern the legal relationship between you (the "User") and Striation 6
(the "Corporation") and your use of the Website (as defined below). By
using the directory and services displayed on the Website, the User agrees and acknowledges
as follows:
Ownership and Use of Website:
http://www.striation6.com is owned and operated by the Corporation. All content
on the website located at and/or known as http://www.striation6.com
(the "Website”) is protected by copyright laws. The content, trademarks,
logos and service marks (collectively, “Marks”) displayed on the
Website are the property of the Corporation and/or other third parties that may
own such Marks. The User may not modify, rent, lease, loan, sell, distribute or
create derivative works based on the Marks or any other content displayed on the
Website (either in whole or in part). The Corporation does not guarantee the accuracy
or completeness of any information contained on the Website and User agrees to use
such information at the User’s own risk and the Corporation is not liable for any
claims, demands, actions, proceedings losses, liabilities, costs, expenses and damages
of any kind or nature whatsoever (collectively, "Losses") resulting from
any use of and/or reliance on the information contained on the Website including,
but not limited to, any advertising, displays, listings or any directories of products,
services, individuals, companies and/or organizations and such advertising, displays,
listings or directories do not in any way imply any approval, support or endorsement
by the Corporation of any such products, services, individuals, companies and/or
organizations. The Corporation may (a) make changes, updates and/or deletions to
or from any information contained on the Website, (b) may reconfigure the Website
or change the manner in which information is displayed, and (c) may cease to provide
the services contained in the Website, in each case without prior notice to the
User. The Corporation does not represent or warrant that the information contained
on the Website (or any third party links therein) will be accessible and/or provided
continuously without any interruption and the User acknowledges that such information
on the Website may be unavailable from time to time due to any number of reasons
including, without limitation, scheduled downtime, Website repair/maintenance or
events (such as power failures or Internet interruptions) beyond the reasonable
control of the Corporation. The Corporation does not investigate, represent or endorse
the accuracy, legality, legitimacy, validity or reliability of any deals, coupons
or other promotions or materials contained on, distributed through, or linked, downloaded
or accessed from any of the services or products referred to or contained in the
Website nor the quality of any products or services, information or other materials
displayed, purchased or obtained by the User as a result of an advertisement or
any other information or offer in or in connection with the services provided by
the Corporation. Links to any third party websites are provided for the User's convenience
only. None of the Corporation and its shareholders, debenture holders, directors,
officers, employees, contractors, agents and affiliated companies (collectively,
the "Corporation Group") is responsible for or makes any representation
or warranty hereunder concerning the condition and content of, or products or services
offered at the third party sites. The existence on the Website of any third party
links does not indicate, expressly or impliedly, that any member of the Corporation
Group endorses any such third party sites or any of the products or services offered
therein. User agrees to access such third party sites and use any products or services
in relation to such third party sites at its own risk. The Corporation does not
assume any responsibility for monitoring or enforcing licensing requirements with
respect to licensed professions, trades or trades professionals.
Disclaimer: THE WEBSITE AND THE CONTENT THEREON ARE PROVIDED
TO THE USER ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE USER EXPRESSLY AGREES THAT
THE USE OF THE WEBSITE IS AT THE USER’S SOLE RISK. THE CORPORATION DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, ANY WEBSITE LINKS, AND ANY
CONTENT THEREON, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR THOSE ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF
DEALING OR OTHERWISE RELATED TO THE WEBSITE, ANY WEBSITE LINKS OR CONTENT. USER
ACKNOWLEDGES THAT THE CORPORATION IS NOT LIABLE, AMONG OTHER THINGS, IF ANY OF THE
WEBSITE (INCLUDING ANY THIRD PARTY LINKS CONTAINED THEREIN), WEBSITE LINKS OR CONTENT
DO NOT MEET THE REQUIREMENTS OF USER OR IF THE WEBSITE WILL NOT OPERATE FREE OF
ERRORS, UNINTERRUPTED OR IF THE WEBSITE WILL NOT FUNCTION IN USER'S TECHNOLOGY ENVIRONMENT.
Liability Exclusions and Limitations: UNDER NO CIRCUMSTANCES
WHATSOEVER SHALL THE CORPORATION BE LIABLE TO THE USER FOR ANY CONSEQUENTIAL, SPECIAL,
INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (WHETHER IN CONTRACT,
TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE CORPORATION'S TOTAL LIABILITY TO THE USER FOR ANY LOSSES OF ANY KIND OR ANY
CAUSE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR ANY FUNDAMENTAL BREACH OF THIS
AGREEMENT AND REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $1. USER ACKNOWLEDGES
IT IS NOT A CONSUMER FOR PURPOSES OF ONTARIO CONSUMER PROTECTION LEGISLATION AND
AGREES WITH THE CORPORAITON THAT THE USER SHALL BE PROHIBITED FROM COMMENCING ANY
PROCEEDING AGAINST THE CORPORATION HEREUNDER FOLLOWING THE FIRST (1ST) ANNIVERSARY
DATE OF THE DAY ON WHICH THE CLAIM WAS ACTUALLY DISCOVERED BY THE USER. THE PARTIES
AGREE THAT THE LIMITATIONS IN THIS SECTION ARE REASONABLE AND REFLECT THE RISK WILLING
TO BE ASSUMED BY THE CORPORATION.
Indemnification: In addition to any other
indemnities herein contained, the User agrees to defend, indemnify and hold harmless
the Corporation Group, and each of them, from all Losses in connection with, directly
or indirectly, (a) any breach of this Agreement by the User, (b) any use by the
User of the Website or any third party links therein, or (c) any wrongful acts,
misconduct or negligence of the User.
Amendments: The Corporation may, from
time to time, unilaterally modify (by posting such amended Agreement on the Website)
this Agreement and the User's continued use the Website following such written notice
or posting shall constitute User's deemed and irrevocable acceptance of such amendments,
modifications or changes.
Removal: The services provided by the
Corporation include providing access to directories of businesses in such location(s)
as specified by the User. The Corporation will remove the listing of any business
herein where the authorized representative of such business contacts the Corporation
and requests such removal in writing.
Force Majeure: The Corporation is not
liable for failure or delay in performance of its respective obligations resulting
from any event of force majeure or other condition beyond the reasonable control
of such party, including but not limited to, any acts of God, government, terrorism,
natural disaster, labor conditions and/or power failures.
Miscellaneous: Any schedules and other
documents attached to this Agreement form an integral part of this Agreement and
are incorporated herein by reference. All dollar amounts referred to in this Agreement
are in lawful money of Canada. Each of the parties hereto shall, from time to time
at the others’ reasonable request and expense and without further consideration,
execute and deliver such other instruments or documents and take such further actions
as the others may require to more effectively complete any matters provided for
herein. This Agreement, including any schedules hereto, constitutes the entire agreement
between the parties in relation to the subject matter hereto and contains all of
the representations, warranties and covenants of the respective parties and supersedes
and replaces all prior written memoranda of understanding or similar non-binding
documentation. There are no oral representations or warranties among the parties
of any kind whatsoever. This Agreement shall be interpreted in accordance with the
laws of the Province of Ontario and the laws of Canada applicable therein and shall
be treated in all respects as an Ontario contract. All of the parties hereto irrevocably
attorn to the exclusive jurisdiction of the courts of the Province of Ontario located
in Toronto, Ontario. This Agreement shall enure to the benefit of and is binding
upon the parties hereto and their respective heirs, executors, legal/personal representatives,
successors and permitted assigns. This Agreement shall not be assigned by the User
under any circumstances without the prior written consent of the Corporation. The
Corporation may assign this Agreement to any affiliated corporation or any successor
or purchaser of the business or assets of the Corporation. Time shall be of the
essence of this Agreement and of each of its provisions. No agreement or other understanding
in any way modifying this Agreement shall be binding upon the Corporation unless
made in writing and accepted over the signature of an authorized executive of the
Corporation. All obligations of the parties hereto shall survive any expiry or termination
of this Agreement until fully performed. The User is not authorized to use the Corporation's
name or any of the Marks without the Corporation's prior written consent.