IMPORTANT: READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BINOID SOLUTIONS CORPORATION ("BINOID") REGARDING THE BINOID SOLUTIONS CORPORATION WEB SITE (THE "WEB SITE"). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF THE WEB SITE. BY REGISTERING AS A USER OF BINOID SOLUTIONS CORPORATION, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. YOU ARE PERMITTED TO USE, REPRODUCE, AND DISPLAY MATERIALS ON THE WEB SITE AS SET FORTH BELOW ONLY UPON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS USER AGREEMENT (THE "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY BEFORE CONTINUING REGISTRATION. IF YOU CLICK THE "YES" BUTTON YOU INDICATE YOUR AGREEMENT TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE CLICK THE "NO" BUTTON TO EXIT REGISTRATION, AND DO NOT USE THIS WEB SITE. THE USE, REPRODUCTION, OR DISPLAY OF ANY MATERIALS ON THE WEB SITE BY YOU OR A THIRD PARTY ON YOUR BEHALF CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
USE OF MATERIALS
All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, templates, and services ("Materials"), are provided either by BINOID and/or by its respective third party sponsors, manufacturers, authors, developers, and vendors ("Third Party Providers") and are the copyrighted work of BINOID and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of BINOID and/or the appropriate Third Party Provider. Also, you may not "mirror" any Materials contained on this Web Site on any other server without BINOID's prior written consent.
Except as expressly provided otherwise by BINOID, nothing on this Web Site shall be construed to confer any license to any of BINOID's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Contact Information" below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by BINOID. BINOID does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by BINOID.
BINOID hereby grants you permission to use, reproduce, and display BINOID's Materials on this Web Site provided that (1) the copyright notice identified in the following paragraph appears on the Materials and reproduced portions of the Materials in footnote or other form; (2) the use, reproduction, and display of such Materials is solely for your own informational use and will not be distributed, provided, or displayed to third parties other than BINOID users, posted on any networked computer, or publicly broadcast in any media; (3) such use, reproduction, and display is only in accordance with the documentation, instructions, and other restrictions regarding the Materials; and (4) the Materials are not in any way commercially sold, transferred or reproduced. In addition to (2) above, the use, reproduction, and display of premium content shall not be distributed, provided, or displayed to third parties other than premium BINOID members. This permission terminates automatically without notice immediately upon breach of any of the terms of this Agreement by you or by any person or entity acting on your behalf. Upon termination, you will immediately destroy any downloaded or printed Materials.
Copyright (c) 2002-2003 BINOID SOLUTIONS CORPORATION. Reproduced by permission of BINOID SOLUTIONS CORPORATION. The following uses of the reproduced materials are prohibited: (1) use, reproduction and display other than to BINOID registered users, (2) posting on any networked computer or public broadcast in any media, (3) use, reproduction or display other than in accordance with the BINOID user agreement and (4) commercial sale, transfer or reproduction.
In the event you download software from this Web Site, the software, including any files, images incorporated or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by BINOID and/or its Third Party Providers. BINOID and/or its Third Party Providers do not transfer title to the Software to you. You own the medium on which the Software is recorded, but BINOID and/or its Third Party Providers retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Any unauthorized use of any Materials contained in this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
LINKS TO THIRD PARTY SITES
This Web Site may contain links to web sites controlled by parties other than BINOID. BINOID is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites or any transactions completed through such sites. BINOID is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BINOID of the linked web site, notwithstanding the inclusion on such site of the trademarks of BINOID and/or its Third Party Providers. It is your responsibility to take precautions to ensure that whatever materials you select for your use is sufficient for your purposes and is free of viruses or other items of a destructive nature.
FORUMS AND PUBLIC COMMUNICATION
"Forums" means a chat area, bulletin board, or e-mail function offered as part of BINOID. You shall not upload to, distribute through, or otherwise publish through BINOID any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
The Forums shall be used only in a noncommercial manner. You shall not, without the express written consent of BINOID, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
BINOID shall have the right, but not the obligation, to monitor the contents of the Forums to determine compliance with this Agreement and any operating rules of BINOID to satisfy any law, regulation or authorized government request. BINOID shall have the right in its sole discretion to edit, refuse to post or remove any material submitted or posted on BINOID. Without limiting the foregoing, BINOID shall have the right to remove any material that BINOID, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Any opinions, advice, statements, services, offers, or other information or content expressed in Forums are those of the respective author(s) and not of BINOID. BINOID does not endorse, guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for a particular purpose. Under no circumstance shall BINOID be liable for any loss or damage caused by your reliance on information obtained through BINOID. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through BINOID.
By uploading materials to any Forum or submitting materials to BINOID, you automatically grant (or warrant that the owner of such rights has expressly granted) BINOID a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials in any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that so-called "moral rights" in those materials have been waived.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF BINOID IS AT YOUR SOLE RISK. NEITHER BINOID, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY PROVIDERS OR LICENSORS WARRANT THAT BINOID WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BINOID, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH BINOID.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OR CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BINOID IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL BINOID, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING BINOID, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMIATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE BINOID. BINOID, OR ITS AFFILIATES, OR THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON BINOID.
GENERAL
This Web Site may include inaccuracies or typographical errors. BINOID and/or its Third Party Providers may make improvements and/or changes in the Materials and Services offered in this Web Site at any time without notice. BINOID may periodically make changes to the Web Site. The terms of this Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Fairfax County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire understanding relating to the use of the Web Site and prevails over any prior or contemporaneous, conflicting or additional, communications, including but not limited to statements on the Web Site. BINOID has the right to revise this Agreement at any time without notice by updating the Agreement posted to the Web Site. Any rights not expressly granted herein are reserved by BINOID.
CONTACT INFORMATION
If you have any questions about this Agreement, please contact BINOID SOLUTIONS CORPORATION at #311, 205 Riverfront Avenue SW, Calgary, Alberta, Canada, T2P 5K4.