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Provider reserves the right to change these terms and conditions at any time, and you agree that each visit you make to Provider’s Web Site shall be subject to the current terms and conditions as published on Novateur.ca website.
By accessing Provider’s Web Site, you are agreeing to be bound by these Web Site Use Terms & Conditions and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to Provider’s Web Site shall be governed by the laws of Canada. The materials contained in Provider’s Web Site are protected by applicable copyright and trade mark laws.
Electronic forums such as email distribution lists and UseNet newsgroups all have ground rules and established etiquette for posting messages or material to these forums. Users should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources rented by you may not be used to impersonate another person or misrepresent your authorization to act on behalf of Provider or any other party. All messages transmitted by you should correctly identify you as the sender. Any attempt to alter the system configuration, to breach the security of the network, to gain unauthorized access to other users’ email accounts, or any other attempt at “hacking”, is prohibited, and will result in the immediate cancellation of all access and privileges and the possibility of criminal and/or civil charges being brought.
Provider’s Web Site contains links to and frames of sites that are not maintained by Provider. Provider is not responsible for the content of those sites and cannot guarantee that those sites will not change without our knowledge. The inclusion of such links and frames in Provider’s Web Site does not imply endorsement of such sites or any content, information, material, products or services provided on such sites.
THE MATERIALS AND INFORMATION CONTAINED ON PROVIDER’S WEB SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH PROVIDER’S WEB SITE AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON‑INFRINGEMENT. In no event shall Provider or its service Providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on Provider’s Web Site, even if Provider has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 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 of contract, tortious behavior, negligence, or under any other cause of action.
The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site are not necessarily those of Provider or its service Providers, affiliates, associates, subsidiaries or partners and Provider makes no representations or warranties regarding that information or those opinions. Neither Provider or its service Providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.
Provider hereby grants you a limited license to view on your computer, print, download and use any content made available on Provider’s Web Site for which a fee is not charged, for non-commercial, personal, or educational purposes only, provided that you do not modify any such content, and that you include with and display on each copy of such content all applicable notices, including a copyright notice, the URL of the document and this limited license. No other use is permitted.
Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trade mark, trade name or other proprietary property of Provider or any other party who owns or has proprietary rights to the content, information and materials provided on Provider’s Web Site.
All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by Provider or by other parties that have licensed their material to Provider. Material from this Web Site or from any other web site owned, operated, licensed or controlled by Provider may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective Providers thereof. The use of any such material on any other web site, ftp server or network environment is prohibited.
Provider may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on Provider’s Web Site, including the terms and conditions of your use of this Web Site, without liability.
Due to the nature of the Internet, it is not possible for Provider to restrict access to its web site only to those jurisdictions in which it does business. Some of all of the products and services offered on this web site may not be eligible for solicitation in your jurisdiction. If you are accessing this web site from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from Provider. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.
Provider offers services and programs in many parts of the world. The web site may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this web site, reference to such services or programs does not imply that Provider intends to offer such service or programs in all countries or locations.
Unless otherwise specified, the materials contained in Provider’s web site are presented solely for the purpose of [purposes] in [country/countries]. This site is controlled and operated by Provider from its offices in [country]. Provider makes no representation that any of the materials contained in Provider’s web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by and construed in accordance with the laws of Canada and the parties hereby attorn to the jurisdiction of the courts of British Columbia, Canada. Any provisions of this agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.
Provider appreciates and respects the privacy concerns of the visitors to its web site. As a general policy, no personal information is automatically collected from customers visiting this web site. However, certain information is recorded as a matter of course by Provider’s servers in order to track the number of visitors to the web site and to help provide an enhanced online experience for the visitor. The type of information tracked by our servers includes the browser and operating system in use by the visitor and the domain name of the visitor’s Internet service Provider. Collecting this information allows Provider to optimize the visitor’s web site experience. E‑mail addresses and other personally identifiable data about visitors to this site are known to Provider only if and when voluntarily submitted by the visitor. All personal information collected by Provider is retained by Provider and not sold or otherwise provided to third parties. Provider sometimes uses email addresses and other personally identifiable information to communicate with visitors who have provided Provider with their email addresses for specific purposes such as receiving newsletters or other information. Each newsletter will also contain instructions on how to discontinue receipt of the newsletter. Visitors should be aware that when they voluntarily disclose personal information on bulletin boards or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other parties.
Many of Provider’s web pages place a “cookie” in the browser files of a visitor’s computer. The cookie itself does not contain any personal information. Although cookies enable Provider to relate a visitor’s use of Provider’s site to information that the visitor has specifically and knowingly provided, Provider does not do so for any sites specifically designed for and aimed at children. Provider believes that parents should supervise their children’s online activities and should consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online any personal information without parental permission.
By posting/sending a message in the bulletin board/e‑mail area, you agree to have that message along with your name posted for public viewing both here and in other promotional and advertising materials without compensation. Provider will attempt to post as many messages as possible, cannot promise to post every submission. All messages that are posted here represent the opinions of the individuals or organizations posting those messages, and do not express the ideas or opinions of Provider. You may copy the posted messages for personal use, but redistribution in any way requires the permission of Provider. In consideration of this authorization, you agree that any copy you make of any message(s) located on this web site shall retain all copyright and other proprietary notices contained therein.
In order to maintain an informative and valuable service that meets the needs of the users of the web site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
You agree to indemnify Provider and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.
You agree to grant to Provider a non‑exclusive, royalty‑free, worldwide, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of Provider’s site(s) or which you provide by email or any other means to Provider and in any media now known or hereafter developed. Further, you grant to Provider the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Provider.
How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our site or request certain features, such as newsletters or when you make a purchase. You may provide information when you participate in sweepstakes and contests, message boards and chat rooms, and other interactive areas of our site. Like most Web sites, Novateur.ca website also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the site’s features according to your preferences.
Like other Web publishers, we collect information to enhance your visit and deliver more individualized content and advertising. We respect your privacy and do not share your information with anyone.
Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Aggregated Information may occasionally be shared with our advertisers and business partners. Again, this information does not include any Personally Identifiable Information about you or allow anyone to identify you individually.
Personally Identifiable Information collected by Novateur.ca website may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you. Certain third parties who provide technical support for the operation of our site (our Web hosting service for example) may access such information. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.
Novateur.ca website expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a Novateur.ca website, certain content that is actually created or hosted by a third party. Also, through Novateur.ca website you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. Novateur.ca website is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of Novateur.ca website and this policy.
Novateur.ca website does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe Novateur.ca website has any information from or about anyone under 13, please contact us at the address listed below.
We can be reached by contacting us at www.novateur.ca/contact.
Novateur.ca website reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.
This policy and the use of this Site are governed by British Columbia law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: British Columbia. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: British Columbia, Canada. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Novateur.ca website is controlled, operated and administered entirely within British Columbia, Canada. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
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