Terms and Conditions of Use
PLEASE READ BEFORE USING THE SITE
By using this site, you agree to these terms of use stated below.
If you do not agree to these terms of use, please do not use the
site.
The materials on OmniRIM Solutions Inc.'s ("OSI") website
(the ("Site"), which may include text, images, audio clips,
video clips, software, demos and other materials (the "Content")
are provided by OSI for informational purposes only. By accessing
the Site or downloading any Content, you agree to be bound by the
terms and conditions set out below ("Terms and Conditions").
If you do not agree to these terms and conditions, do not access
the Site or download any Content.
Forward Statements. Certain statements
made on the Site, which describe OSI's intentions, expectations
or predictions are forward looking and are subject to important
risks and uncertainties. The results or events predicted in these
statements may differ materially from actual results or events.
There are a number of factors that could cause results or events
to differ from current expectations. OSI disclaims any intention
or obligation to update or revise any forward-looking statements,
whether as a result of new information, future events or otherwise.
General Disclaimers. OSI intends
for the Content on the Site to be accurate and reliable, however,
since the Content has been compiled by OSI from a variety of sources,
it is provided to you "as is" and "as available".
OSI ASSUMES NO RESPONSIBILITIES TO YOU OR ANY THIRD PARTY FOR ANY
ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT AND DISCLAIMS ALL
WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT
AND TO ANY MATTER RELATING TO THE SITE, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Links available on the Site
will allow you to link to Websites not maintained or controlled
by OSI, including sites of OSI related companies. OSI provides these
links for your convenience, and is not responsible for the contents
of any linked site. OSI uses reasonable efforts to ensure the accuracy
of its Content on the Site, but cannot and does not warrant the
accuracy, completeness, non-infringement, merchantability or fitness
for a particular purpose of any information available through these
links, and makes no representation or endorsement whatsoever about
any other Website which you may access through the Site. It is your
responsibility to ensure that any Website you choose to use is free
of potentially destructive items such as viruses. IN NO EVENT WILL
OSI BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THIS SITE OR THE CONTENT AVAILABLE
OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH
THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Use of the Site. You may not post,
upload, publish, reproduce, transmit or otherwise distribute information
or other material on this Site: (i) constituting or encouraging
conduct that would constitute a criminal offence or give rise to
civil liability; (ii) which is protected by copyright permission
of the copyright holder; or (iii) otherwise use this Site in a manner
which is contrary to law or which would adversely impact the use
of the Site or the Internet by other users, including the posting
or transmitting of information or software containing viruses or
other disruptive components.
Copyright. All Content published
on or otherwise accessible through this Site is protected by copyright.
The Content, and the copyright in the Content, are owned or controlled
by OSI or its content suppliers. You may only use or reproduce the
information in the Content for your own personal, non-commercial
or educational use. The Content may not be otherwise used, reproduced,
broadcast published or retransmitted without the prior written permission
of the copyright holder. You must abide by all copyright notices;
information and restrictions contained in any Content on or accessed
through the Site, and maintain such notices in the Content.
Trademarks. The OSI logo, is a
trademark of OSI or its related companies, which may be registered
in Canada and other countries. Other OSI product or service names
or logos referenced in the Site are trademarks or registered trademarks
of OSI or its related companies. All other products, services and
company names mentioned in the Site may be trademarks of their respective
owners. Not all of the logos, trademarks or tradenames of OSI and
its related companies are used on this Site, nor all of those logos,
trademarks or trademarks licensed to OSI or its related companies
by third parties. The absence of a product or service name or logo
from this list does not constitute a waiver of the trademark or
other intellectual property rights of OSI or its related companies
concerning that name or logo. You may not use any trademark displayed
on the Site without written permission of OSI or the relevant owner
of the trademark.
Notices of Infringement. OSI prohibits
the posting of any content that infringes or violates the copyright
rights and/or other intellectual property rights (including rights
of privacy and publicity) of any person or entity. If you believe
that your intellectual property right (or such a right that you
are responsible for enforcing) is infringed by any content on the
Site, please write to OSI at the address shown below, giving a written
statement that contains: (a) identification of the copyrighted work
and/or intellectual property right claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site
that is requested to be removed; (c) your name, address, and daytime
telephone number, and an e-mail address if available; (d) a statement
that you have a good faith belief that the use of the copyrighted
work and/or exercise of the intellectual property right is not authorized
by the owner, its agent, or the law; (e) a statement that the information
in the notification is accurate, and, under penalty of perjury,
that the signatory is authorized to act on behalf of the owner of
the right that is allegedly infringed; and (f) the signature of
the intellectual property right owner or someone authorized to act
on the owner's behalf to assert infringement of the right. OSI will
remove any posted content that infringes the copyright or other
intellectual property right of any person under United States or
Canadian law upon receipt of such a statement. OSI's contact for
submission of notices is General Counsel. OmniRIM Solutions Inc.,
1066 West Hastings Street,
Suite 2400, Vancouver, BC, Canada, V6E 3X1; telephone number (604) 685-4111.
Indemnity. You agree to defend,
indemnify and hold OSI and its related companies harmless from any
and all liabilities, costs and expenses, including reasonable attorneys'
fees related to any violation of these Terms and Conditions by you
or users of your account or in connection with the use of this Site
or the placement or transmission of any information or other materials
on this Site by you or users of your account.
Territory. The OSI site originates
in Canada. OSI products and services are offered in OSI's operating
territory.
Changes. OSI reserves the right
to change or remove any Content from the Site, in whole or in part,
at its sole discretion, at any time, without notice.
Miscellaneous. These Terms and
Conditions and any other documents referenced herein, constitute
the entire agreement between OSI and you with respect to your use
of this Site. OSI's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver
of any provision or right. If any of the Terms and Conditions is
determined to be void, invalid or otherwise unenforceable by a court
of competent jurisdiction, such determination shall not affect the
remaining provisions hereof. This Agreement shall be governed by
and construed in accordance with the laws of the province of British
Columbia and the laws of Canada applicable therein. The parties
have required that these Terms and Conditions and all related documents
be drawn up in English.
OSI also assumes no responsibility, and shall not be liable for
any damages to, or viruses that may infect your computer equipment
or other property on account of your access to, use of, or browsing
in the Site or your downloading of any materials, data, text images,
video or audio from the Site.
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