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Network Innovations' Website Terms of Use

Introduction. Acceptance of the terms of use

These terms of use are entered into by and between you and Network Innovations Inc. (Hereinafter sometimes referred to as “Company”, “we” or “us”). These terms and conditions (“Terms of Use”) govern your access to and use of this website www.networkinnovations.com (the “Website”).

Please read the Terms of Use carefully before you commence the use of the Website. By using any portion of this Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found on our Website, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use this Website.

Changes to the terms of use

We may revise and update these Terms of Use from time to time. All changes are effective immediately when we post them on our Website and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use shall mean that you accept and agree with the changes.

Accessing the website

We reserve the right to amend this Website and its content including any service we provide through the Website, in our sole discretion without notice. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

We may at our sole discretion, restrict access to some parts of the Website, or the entire Website.

Intellectual property rights

The Website and its content (including but not limited to all information, displays, images, video and audio), are owned by the Company, its licensors or other providers of such material and are protected by Canadian, United States and international copyright, trademark, patent, trade secret and other intellectual property rights laws.

These Terms of Use grant you a limited licence to use the Website for your own personal, non-commercial use subject to the restrictions set forth below:

Restrictions

  1. You must not reproduce, duplicate, copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish (including republication on another website), download, store or transmit or otherwise exploit any of the material on our Website, except as follows:

    • You may store files that are automatically cached by your Web browser for display enhancement purposes.
    • You may print or download pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

  2. You must not:

    • Modify copies of any material from this Website.
    • Use any photographs, video or audio sequences or any graphics separately from the accompanying text (if any).
    • Sell, rent or sub-license material from the Website.
    • Delete or alter any copyright, trademark or other proprietary rights notices from copies of material from this Website.

Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and entitles us to enforce any and all legal and equitable remedies available to us.

Acceptable and prohibited uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website;
  • In any way that violates any applicable federal, state, local or international laws or regulations;
  • In any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • To copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, logic bomb, rootkit or other malicious computer software;
  • To send, knowingly receive, upload, knowingly download, use or re-use any material which does not comply with the Acceptable Use Policy (https://www.networkinnovations.com/acceptable-use-policy/) of the Company or other restrictions as set out in these Terms of Use;
  • To conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without our express written consent;
  • To transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity;
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

No warranties. Reliance on information posted

This Website, its content and any services obtained through the Website are provided “as is” without any representations or warranties, express or implied. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this Website or its information. Your use of the Website, its content and any services obtained through the Website or any reliance you place on the Website information is strictly at your own risk.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that this Website will be constantly available, or available at all.  Nothing on this Website constitutes, or is meant to constitute, advice of any kind.

This Website may include content provided by third parties and all statements and/or opinions expressed in these third-party materials are solely the opinions and the responsibility of the parties providing those material.

We disclaim all liability and responsibility arising from any reliance placed on any material on the Website.

THE COMPANY DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF HARMFUL COMPONENTS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR SUPPLIERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES LINKED TO IT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, EVEN IF FORESEEABLE.

NOTHING IN THESE TERMS OF USE WILL EXCLUDE OR LIMIT ANY LIABILITY THAT WOULD BE UNLAWFUL TO EXCLUDE OR LIMIT UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, suppliers, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Reasonableness

By using this Website, you agree that the exclusions and limitations of liability set out in these Terms of Use are reasonable.

If you do not think they are reasonable, you must not use this Website.

Breach of these terms of use

Without prejudice to any other rights we have at law and in equity and under these Terms of Use, if you breach these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Governing law and jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada without giving effect to any choice or conflict of law provision or rule. Any disputes relating to the Website and these Terms of Use will be subject to the non-exclusive jurisdiction of the courts of the Province of Alberta, Canada. Notwithstanding the foregoing, the Company reserves the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

Severability

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all previous understandings and agreements, with respect to the Website.

Your comments

This Website is operated by Network Innovations Inc., 4424 Manilla Road SE, Calgary, AB T2G 4B7 Canada.  Any feedback, comments, requests and other communication relating to the Website should be directed to Marketing@networkinnovations.com.