ACCEPTANCE OF TERMS
DESCRIPTION OF COREDGE WEB SITE
COREDGE currently provides users with access to a collection of resources, including but not limited to product and service information, support, purchasing, news items and company information on its web site (the "COREDGE WEB SITE"). Unless explicitly stated otherwise, any new features that augment or enhance the current COREDGE WEB SITE shall be subject to this TOU. You understand and agree that the COREDGE WEB SITE is provided "AS-IS" and that COREDGE assumes no responsibility for the accuracy or timeliness of any information posted on its web site.
You are responsible for obtaining access to the COREDGE WEB SITE and that access may involve third party fees (including Internet COREDGE WEB SITE provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the COREDGE WEB SITE.
The COREDGE WEB SITE may provide links to other Internet sites or resources. Because COREDGE has no control over such sites and resources, you acknowledge and agree that COREDGE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that COREDGE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or COREDGE WEB SITE available on or through any such site or resource.
COREDGE PROPRIETARY RIGHTS
You acknowledge and agree that the COREDGE WEB SITE contains proprietary information that is protected by applicable intellectual property and other laws, including copyright. Except as expressly authorized by COREDGE, you agree not to copy, modify, distribute, sell, rent, lease, loan or create derivative works based on the COREDGE WEB SITE, in whole or in part.
DISCLAIMER OF WARRANTIES, REPRESENTATIONS AND CONDITIONS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE COREDGE WEB SITE IS AT YOUR SOLE RISK. THE COREDGE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COREDGE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. COREDGE MAKES NO WARRANTY THAT (i) THE COREDGE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE COREDGE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COREDGE WEB SITE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY COREDGE WEB SITES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE COREDGE WEB SITE WILL MEET YOUR EXPECTATIONS.
c. ANY MATERIAL OBTAINED THROUGH THE USE OF THE COREDGE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL FROM SAME.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COREDGE OR THROUGH OR FROM THE COREDGE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOU.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COREDGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COREDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE COREDGE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE OF ANY GOODS, DATA, OR INFORMATION RECEIVED THROUGH OR FROM THE COREDGE WEB SITE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COREDGE WEB SITE; OR (iv) ANY OTHER MATTER RELATING TO THE COREDGE WEB SITE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE "DISCLAIMER OF WARRANTIES, REPRESENTATIONS AND CONDITIONS" AND "LIMITATION OF LIABILITY" SECTIONS MAY NOT APPLY TO YOU.
"Book-marking" to or otherwise accessing a page or pages on the COREDGE WEB SITE whereby this TOU are by-passed shall constitute an implicit acceptance of the terms and conditions herein and an explicit acknowledgement of them.
This TOU constitutes the entire agreement between you and COREDGE and governs your use of the COREDGE WEB SITE, superceding any prior agreements between you and COREDGE. The TOU and the relationship between you and COREDGE shall be governed by the laws of the province of Ontario and Canada without regard to its conflict of law provisions. You and COREDGE agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada. The failure of COREDGE to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the COREDGE WEB SITE or this TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this TOU are for convenience only and have no legal or contractual effect.
For more information on Coredge contact email@example.com.
Copyright 2013 © Coredge Software Incorporated. All rights reserved.