By using this site, you are signifying your consent to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the site.

1. Restrictions on Use of Materials

This Internet site (the "Site") is owned, controlled and operated by Teranet Inc. (referred to as " Teranet", "we," "us," or "our" herein). All content included on this Site, such as text, graphics, logos, button icons, images, “look and feel”, audio and video clips, and software (collectively, the “Content”  is the property of Teranet, or other parties that have licensed their materials to Teranet, and is protected by Canadian and international copyright laws. Unless otherwise stated, no Content from this Site or material on any website owned, operated, licensed or controlled by Teranet or its affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercially exploited or distributed in any way or by any means whatsoever, except that you may download or print one copy of the Content for personal, non-commercial use only, provided you maintain all copyright and other proprietary notices. Modification of the Content or use of the Content for any other purpose (including use of any such Content on any other website or networked computer environment) is a violation of copyright and other proprietary rights. You agree to abide by all copyright notices, information and restrictions contained on the site and in the Content and any content or material accessed through the Site.

Certain trademarks and trade names used on this Site are the trademarks of Teranet Inc. or its affiliates as set out in our Trademarks Notice. Other trademarks or trade names mentioned herein may be the trademarks or trade names of their respective owners.

In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software and data accompanying the Software (collectively, the "Software") are licensed to you by Teranet. The license is personal, non-transferable and non-assignable.  Title to the Software is not being transferred to you. You own the medium on which the Software is recorded, but Teranet, or others, retain full and complete copyright in and title to the Software and all other intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

2. Termination

These Terms and Conditions are effective until they are terminated by you or Teranet. You may terminate these Terms and Conditions at any time by contacting Teranet customer support. These Terms and Conditions may be terminated immediately without notice to you by Teranet if, in the sole discretion of Teranet, you fail to comply with any material term or provision hereof or if Teranet believes that you, by your conduct, have violated any applicable law or are acting contrary to the interests of Teranet and/or its affiliates. Upon termination of the Terms and Conditions for any reason whatsoever, you agree to be bound by the following provisions of the Terms and Conditions which shall survive termination, namely sections 1-5, 7, 10 and 12 hereof.

3. Disclaimer

UNLESS OTHERWISE PROVIDED, THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TERANET AND ITS RELATED AND AFFILIATED ENTITIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES; SUPLIERS, LICENCORS, CONSULTANTS AND AGENTS (COLLECTIVELY, THE “TERANET GROUP”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITETHE CONTENT OR ANY MATERIALS ACCESSIBLE THEREFROM AND ANY WEBSITE WITH WHICH IT IS LINKED. THE TERANET GROUP DOES NOT WARRANT THE FUNCTIONS, THE SITE, THE CONTENT OR LINKS CONTAINED ON THE SITE OR THAT THE SITE AND CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR THECONTENT, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE TERANET NETWORK OR THE SITE ANS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE CONTENT OR THE SERVER THAT MAKES THE SITE AND COMTENT AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. THE TERANET GROUP DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE SITE OR CONTENT (INCLUDING, WITHOUT LIMITATION, SERVICES FOR THE TRANSFER OF INFORMATION AND DATA) ON THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. YOU (AND NOT THE TERANET GROUP) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The Site is controlled and operated at offices in Toronto, Ontario, Canada. The Teranet Group makes no representation that the Site and Content are appropriate or available for use in other locations. If you choose to access this Site and Content from other locations, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable.

4. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE TERANET GROUP, BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND THE SITE, EVEN IF TERANET OR A TERANET AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY TERANET GROUP FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED CDN $1.00.

5. Links to Third Party Sites

Links on the Site may enable you to leave the Site and connect directly to linked sites. Such linked sites are entirely independent of the Site, and such links on the Site shall not be construed as any reflection on, any affiliation with, approval of or endorsement of any such site or entity, or its respective information, publications, products or services by the Teranet Group. The Teranet Group shall not be responsible for the contents of any site linked to the Site or for any link contained in a linked site. Teranet is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement of the linked site by Teranet.

6. Submissions

We would like to hear from you regarding the products and services of Teranet. Please note that if you send us suggestions, ideas, or other information (collectively, "Submissions"), unfortunately we will not be able to return the Submissions to you. Once submitted, the Submissions will become the property of Teranet and Teranet shall exclusively own all rights to the Submissions of every kind and nature throughout the universe, now known or hereafter existing, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, without compensation to you. By providing the Submissions, you waive all moral rights in the Submissions.

7. Jurisdiction and Severability

You agree and acknowledge that your use of the Site and the Content shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada. You further agree and acknowledge that these Terms and Conditions, and any disputes in connection with your use of the Site or Content, will be governed by the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario in any and all actions, disputes, or controversies relating hereto. If any provision of these Terms and Conditions shall be found to be unlawful, void and unenforceable, then such provision shall be deemed severable herefrom and will not affect the validity and enforceability of any remaining provisions.

8. Amendments

Teranet reserves the right to make changes to the Site and the Content and to modify, alter or otherwise update these Terms and Conditions at any time with or without notice to you. You should review this link on a regular basis for any such changes. Your continued use of the Site or the Content shall constitute your acceptance of any revisions to the Terms and Conditions.

9. Language

The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.

To the maximum extent permitted by applicable law, you will defend, indemnify and hold the Teranet Group, harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of these Terms and Conditions, or (ii) your use of the Site and the Content.

Teranet reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any action, claim or matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.

11. U.S. Government End Users

The Software available on this Site is a "Commercial Item," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" as such term may be used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.  §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software is licensed to U.S. Government end users: (A) only as Commercial Items; and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

12. Third Party Representations and Warranties

To the extent that you choose to deal with advertisers or participate in promotions on the Site, any terms, conditions, representations or warranties associated with your dealings are strictly between you and the promoter or advertiser. Teranet and its affiliates hereby disclaim any responsibility or liability in respect of such dealings.

13. User Privacy and Security Policy

Use of this Site and the Content is subject to the terms of the Teranet Privacy Policy, accessible at http://www.teranet.ca. You recognize and agree that: (i) the Internet is not a secure medium, and neither the privacy of your communications, nor visits to this Site, can be guaranteed; (ii) the nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays; (iii) the Site and the Content may include incomplete information, inaccuracies or typographical errors; (iv) Teranet and any other persons involved in the management of the Site may make changes to the Site and the Content at any time without notice; (v) the Teranet Group shall not be responsible for any detrimental reliance you may place on the Site or its contents; and (vi) use of the Site is on an "as is" and “as available” basis and is strictly at your own risk.

Use of this Site and the Content is also subject to the terms of the Teranet Security Policy accessible at http://www.teranet.ca. You recognize and agree that although Teranet security efforts are generally consistent with industry practice in Canada, your complete privacy, confidentiality and security associated with any communications between us is not yet possible over the Internet, and therefore cannot be guaranteed. As a result, the Teranet Group shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with the Site and the Content.

Any information you provide during your use of the Site and the Content will be used by Teranet as set out in the Privacy Policy.  Refer to the Privacy Policy for details on your privacy. Teranet may record transactions on the Site for the purpose of Site administration.

14. Product and Service Descriptions

Teranet attempts to be as accurate as possible. However, the Teranet Group does not warrant that the Content, including without limitation the product or service descriptions,  is accurate, complete, reliable, current, or error-free.

15. Other Businesses

Parties other than Teranet and its affiliates may provide some of the Content on the Site. In addition, Teranet may provide links to the sites of affiliated companies and certain other businesses. Teranet is not responsible for examining or evaluating, and the Teranet Group do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. The Teranet Group does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Copyright Notice

©1999 - 2004 Teranet Inc. and its Suppliers. All rights reserved.