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User Notice PLEASE READ THIS DEFINITION OF RIGHTS, TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using the Site, you agree to be bound by these Terms and Conditions of Use (the "TCU"), including other guidelines and rules that may be posted from time to time, all of which are incorporated herein by reference. And you agree to follow the TCU and all applicable laws and regulations governing the Site. Engine X Equity Management Group Inc. ("EngineX") operates www.enginex.com and related Web domains, providing information and services to clients, employees, partners and others. The services that we may offer (the "Site") include, without limitation, information and access to news, directory services, email links and links to other sites. EngineX may update the TCU from time to time. You are responsible, however, for checking this page for changes and updates to the TCU. Your use of the Site following any posted change(s) to the TCU will be deemed an acceptance of such change(s). When using the Site, you shall also be subject to any posted guidelines or rules, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TCU. Please direct any questions you may have about the TCU, or any other legal matters, to the following e-mail address: info@enginex.com BY USING THIS WEB SITE YOU FULLY ACCEPT THIS TCU. IF YOU DO NOT ACCEPT THIS TCU, THEN DO NOT USE THIS WEB SITE. 1. Proprietary Rights and Permitted Use The Site, including without limitation any information, content, software and services offered thereon, are the property of EngineX and/or its suppliers and affiliates. It is protected by the copyright and/or other intellectual property laws of Canada and internationally. You are authorized solely to view and to retain a copy of pages of this Site for your own personal use. Do not modify, duplicate, publish or otherwise distribute the material on this Site unless specifically authorized in writing by EngineX to do so. Legal notices, other acknowledgments and credits are posted on pages of the Site. Do not remove these legal notices or other acknowledgments or credits, or any related information, contained on pages of the Site. You acknowledge and agree that, between EngineX and you, all right, title, and interest in and to the Site and the provision thereof, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by EngineX. Except as expressly authorized by EngineX herein, you agree not to make, copy, display, modify, rent, lease, license, loan, sell, distribute, or create derivative works of the Site, in whole or in part. You agree not to access the Site by any means other than through the interface that is provided by EngineX for use in accessing the Site. In connection with your use of the Site, EngineX may make software available to you for download from the Site; your download and use of such software shall be pursuant to a separate license agreement that shall be agreed to upon your download or installation of such software. EngineX may provide users with the opportunity to contribute to the Site including opportunity to communicate with other users through email links or discussion boards. You understand that all information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials posted by you on or through the Site (collectively, the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of you or other users posting or transmitting such Content. This means that you, and not EngineX, are entirely responsible for all Content that you post, email, or otherwise transmit via the Site. It is your obligation to ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your transmission of any Content via the Site. Users can be held liable for any illegal or prohibited Content they provide through the Site, including, for example, infringing, defamatory, or offensive materials. You may not, and hereby represent and warrant that you will not, post, transmit or email through the Site, Content that:
In addition, you may not, in connection with your use of the Site:
If you discover this kind of material or activity on the Site, please notify us at info@enginex.com With respect to Content you elect to transmit through this Site, you grant EngineX and its affiliates and partners the perpetual, worldwide, royalty free, non-exclusive, sub-licensable license as follows: to use, reproduce, translate, alter, perform, display, modify, adapt, and publish such Content, in whole or in part, in all present and future media and in any manner relating to the Site (including without limitation in connection with the appearance of such Content on the Site and on the sites of our affiliates, partners and others with whom EngineX may have business relationships relating to the Site) and the distribution and promotion of the Site. You further agree that EngineX is free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose. Without limitation of any of the rights granted to EngineX herein, you acknowledge and agree that EngineX may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TCU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of EngineX, its users and the public. You agree to indemnify and hold EngineX, its affiliates, officers, agents, co-branders, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Content you submit, post to, or transmit through the Site, your use of the Site, including your use of the Site to provide a link to another Site or to upload content or other information to the Site, or your violation of the TCU or any applicable laws or the rights of another. The Site may provide links and automatically produce search results, or third parties may provide information, that reference or link to other World Wide Web sites or resources. EngineX has no control over such sites and resources, and you acknowledge and agree that EngineX is not responsible for the content or information contained therein. EngineX cannot and does not guarantee, represent, or warrant that the content or information contained in such third-party sites is accurate, legal and/or inoffensive. Unless explicitly stated, EngineX does not endorse the content or information of any third-party site or resource, and further does not warrant that such sites or resources will not contain viruses or otherwise impact your computer. And unless explicitly stated, a link from the EngineX Site in no way suggests or implies an endorsement of EngineX or our services by that third-party site, link or resource. By using the Site to search for or link to another site, you agree and understand that EngineX shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of, or reliance on, the Site to obtain information and/or to link to another site. However, if you have a problem with a link from the Site, please let us know at links@enginex.com. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site, without the express, prior written consent from EngineX in each instance. EngineX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that EngineX shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. 7. Suspension and/or Termination of Rights EngineX reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the TCU, your registration for any program, your ability to access the Site, your ability to utilize any email services offered on the Site, and/or to remove any Content, for any reason, including without limitation any breach by you of the TCU or conduct by you that EngineX determines to be inappropriate. You agree that EngineX shall not be liable to you or any third-party for any suspension or termination pursuant to this provision. EngineX understands and respects the importance of intellectual property. All materials included on www.enginex.com and related "ex" or "enginex" Web domains (the "Site"), including copy, graphics and customized code are the intellectual property of EngineX unless otherwise noted or attributed. Text excerpts, diagrams, logos or other information may be quoted within the content of this site, and the respective copyright holders retain their rights to this material. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Site in whole or in part without the prior written permission of EngineX. To obtain our permission, please email us at info@enginex.com If you believe that your work has been copied in a way that constitutes an infringement of your rights, then please provide us with the following information:
For claims of copyright infringement please email info@enginex.com. EngineX works with many people on projects and business for which use of this Site and its services are beneficial. To respect the interest of all involved, we may ask you to register with our Site when providing access to certain information or services. In consideration of your use of the Site, you agree to provide true, accurate, current and complete information about yourself as prompted by Site registration forms ("Registration Data"). You also agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EngineX has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EngineX has the right to suspend, terminate, or refuse any and all current or future use of the Site (or any portion thereof). We believe that your privacy and the privacy of all of our users is important. Personal Information You can visit EngineX on the Web without telling us specifically who you are or without revealing any personal information about yourself. There are times, however, when we may need information from you, such as your name, company and email address. It is our intent to let you know before we collect personal information from you so that you have control over the information you provide to us. If you choose to give us personal information via the Internet that we or our business partners may need for correspondence or to fulfill your requests, then it is our intent to let you know how we will use such information. And if you tell us that you do not wish to have this information used as a basis for further contact with you, we will respect your wishes. We do not use personal contact information for promotional mailings or other marketing communication programs, unless you specifically request to be included in such programs. And we do not share or sell your contact information to third parties. Please note that we do keep track of the general domains from which people visit us, as well as the specific information viewed by each visitor. We analyze this data for trends, patterns and statistics in order to improve the quality of our communication. Except in rare situations where the information relates directly to matters of Site security, legal concerns and questions of adherence by Site users to this TCU, we discard this information after a few months. You understand and agree that EngineX may release information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Cookies There is technology called "cookies" which can be used to provide you with tailored information from a Web site. A cookie consists of data that a Web site can send to your browser, which may then be stored on your system. EngineX pages may use cookies so that we can better serve you and maintain the quality of interaction during your visit to our Site. Some functionality of this Site may depend on our use of cookies. Note that you can set your browser to notify you when you receive a cookie. In this way, you have the chance to decide whether to accept a cookie or not. Links to other sites The EngineX site contains links to other Web sites for news and other information. EngineX is not responsible for the privacy practices or the content of these other Web sites. EngineX is not liable for any lost data resulting from the operation of our Site and/or the enforcement of the TCU (including without limitation content from any e-mail account hosted by EngineX), and is not obligated to maintain back-up copies of any contributed Content or e-mail messages. We recommend that you retain a copy of all Content that you post or distribute to, or through, the Site. When appropriate, you will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EngineX of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EngineX cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Without limitation to the generality of the foregoing, due to the nature of Internet, computers, data flow, and other technical and economical practicalities, the Site, like most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the Site and the Internet in general, you may be subject to various risks, including, among others, eavesdropping, sniffing, spoofing, forgery, spamming, "impostering", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, system contamination including without limitation, viruses, worms, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information (including all Registration Data, passwords and Content) received or delivered or intended to be made available on and through the Site may be subject to these and other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. The Site is not different than other applications in this respect. Without limitation of the foregoing, although we take seriously the security of all member accounts and other personal and non-personal information associated with our visitors and participants, due to the open communication nature of the Internet, we can not guarantee that your account will be free from unauthorized access by third parties. EngineX encourages users to use the Site regardless of the location for their access. However, if you choose to use the Site, you understand, acknowledge and agree that your use of the Site is governed by the TCU and the laws and regulations of Canada regarding online conduct and acceptable content. If you use the Site in a jurisdiction that prohibits or restricts the use of the Site, you agree that your use of the Site will be at your own risk, without limitation of any other provision of the TCU, and that EngineX shall not have any liability with respect to such use. Software from this Site is subject to Canadian export rules and regulations. You expressly understand and agree that your use of the Site is at your sole discretion and risk. The Site, and its content, are delivered on an "as is" and "as available" basis. EngineX expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchandising ability, fitness for a particular purpose, or non-infringement. EngineX makes no warranty that the Site or any related services, such as email, links, searches or other services offered on the Site will be error-free, uninterrupted, timely, secure, or that it will provide specific results from use of the Site or any content, search or link therein. EngineX further cannot ensure that files you download from the Site will be free of viruses, Trojan horses, bugs, contamination, or destructive features. Any material viewed or otherwise obtained through the use of the Site is done solely at your own discretion and risk, and EngineX will not be liable for any damages of any kind arising from the use of the Site, including, without limitation, direct, indirect, incidental, punitive, or consequential damages. No advice or information, whether oral or written, obtained by you from EngineX or through or from the Site shall create any warranty not expressly stated in the TCU. Data and information relating to securities or otherwise is provided for informational purposes only, and is not intended for trading purposes. Neither EngineX nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon. You expressly understand and agree that EngineX shall not be liable for any 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 EngineX has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site or the content thereon, including without limitation any user content posted thereon. 16. Exclusions and Limitations Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. The TCU constitutes the entire agreement between you and EngineX and governs your use of the Site, superseding any prior agreements between you and EngineX. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. You agree that the TCU and the relationship between you and EngineX shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You agree to submit to personal and exclusive jurisdiction by and venue in the provincial and federal courts in the Province of Ontario. The failure of EngineX to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision. If any provision of the TCU 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 the TCU 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 Site or the TCU must be filed within one (1) year after such claim or cause of action arose or be forever barred. |
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*Section titles, subheadings, the selection of subheadings and horizontal rules are provided for convenience only and have no legal or contractual effect. By using the Site, you agree that you have fully read and agree with the Terms and Conditions of Use provided here.
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