Confidance Institute Inc. (CONFIDANCE) has prepared this Disclaimer
to better state the terms and conditions for using this Web Site.
Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE,
YOU AGREE TO THESE TERMS AND CONDITIONS.
Welcome to CONFIDANCE (the "Site"), provided by Confidance
Institute Inc. ("CONFIDANCE"). Please note that the terms and conditions herein may
be changed at any time as deemed necessary by the Site, without further notice.
Your continued use of this Site after any such changes constitutes your
acceptance of the new terms. Further, these terms and conditions apply
exclusively to your access to, and use of, this Site and do not alter in any way
the terms or conditions of any other agreement you may have with CONFIDANCE for
products, services or otherwise.
CONFIDANCE, the CONFIDANCE logo and the products and services described in this
Site in their entirety and without limitation are registered trademarks of
CONFIDANCE and/or its suppliers and licensors, and may not be copied, imitated
or used, in whole or in part, without the prior written permission of CONFIDANCE.
In addition, all page headers, custom graphics, button icons and scripts are
service marks, trademarks and/or trade dress of CONFIDANCE, and may not be
copied, imitated or used, in whole or in part, without the prior written
permission of CONFIDANCE. All other trademarks, registered trademarks, product
names and company names or logos mentioned herein are the property of their
Licenses and Site Access
CONFIDANCE grants you a limited license to make personal use only of the Site.
Such grant does not include, without limitation: (a) any resale or commercial
use of the Site or content therein; (b) the collection and use of any product
listings or descriptions; (c) making derivative uses of the Site and its
contents; or (d) use of any data mining, robots or similar data gathering and
extraction methods. Except as noted above, you are not conveyed any right or
license by implication, estoppels or otherwise in or under any patent,
trademark, and copyright or proprietary right of CONFIDANCE or any third party.
You may not use, frame or utilize framing techniques to enclose
any CONFIDANCE trademark, logo or other proprietary information (including the
images found at this Site, the content of any text or the layout/design of any
page or form contained on a page) without CONFIDANCE's express written consent.
Further, you may not use any Meta Tags or any other "hidden text" utilizing a
CONFIDANCE name, trademark or product name without CONFIDANCE's express written
You are granted a limited, nonexclusive right to create a hyperlink to this Site
provided such link does not portray CONFIDANCE or any of its products and
services in a false, misleading, derogatory or otherwise defamatory manner. You
may not use a CONFIDANCE logo or other proprietary graphic or trademark of
CONFIDANCE to link to this Site without the express written permission of
CONFIDANCE. This limited right may be revoked at any time.
CONFIDANCE makes no claim or representation regarding, and
accepts no responsibility for, the quality, content, nature or reliability of
sites accessible by hyperlink from this Site, or sites linking to this Site. The
linked sites are not under the control of CONFIDANCE and CONFIDANCE is not
responsible for the content of any linked site or any link contained in a linked
site, or any review, changes or updates to such sites. CONFIDANCE is providing
these links to you only as a convenience, and the inclusion of any link does not
imply affiliation, endorsement or adoption by CONFIDANCE of the site or any
information contained therein. When leaving the CONFIDANCE site, you should be
aware that CONFIDANCE's terms and policies no longer govern, and therefore you
should review the applicable terms and policies, including privacy and
data-gathering practices, of that site.
In using this Site, you agree:
Not to disrupt or interfere with the security of, or
otherwise abuse, the Site, or any services, system resources, accounts,
servers or networks connected to or accessible through the Site or affiliated
or linked Web sites;
o not to disrupt or interfere with any other user's enjoyment of the Site or
affiliated or linked Web sites;
not to upload, post or otherwise transmit through or on this
Site any viruses or other harmful, disruptive or destructive files;
not to use or attempt to use another's account, service or
system without authorization from CONFIDANCE, or create or use a false
identity on this Site;
not to transmit through or on this Site Spam, chain letters,
junk mail or any other type of unsolicited mass email to people or entities
who have not agreed to be part of such mailings; and
not to attempt to obtain unauthorized access to the Site or
portions of the Site that are restricted from general access.
In addition, you agree that you are solely responsible for
actions and communications undertaken or transmitted under your account, and
that you will comply with all applicable local, state, national and
international laws and regulations, including but not limited to Canada export
restrictions, that relate to your use of or activities on this Site.
You agree to indemnify and hold harmless CONFIDANCE from any claim, action,
demand, loss or damages (including attorneys' fees) made or incurred by any
third party arising out of or relating to your conduct, your violation of these
terms and conditions, or your violation of any rights of a third party.
You agree that any materials, including but not limited to questions, comments,
suggestions, ideas, plans, notes, drawings, original or creative materials or
other information, provided by you in the form of email or submissions to
CONFIDANCE, or postings on this Site, are non-confidential and shall become the
sole property of CONFIDANCE. CONFIDANCE shall own exclusive rights, including
all intellectual property rights, and shall be entitled to the unrestricted use
of these materials for any purpose, commercial or otherwise, without
acknowledgment or compensation to you. The submission of any materials to
CONFIDANCE, including the posting of materials to any forum or interactive area,
irrevocably waives any and all "moral rights" in such materials, including the
rights of paternity and integrity.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS
AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE"
BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
CONFIDANCE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO
ORAL OR WRITTEN INFORMATION PROVIDED BY CONFIDANCE.CA & CONFIDANCE.COM OR ITS
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS,
SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON
ANY SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL
CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH
THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR
YOU ACKNOWLEDGE THAT CONFIDANCE DOES NOT CONTROL IN ANY RESPECT
ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH
THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, CONFIDANCE AND ITS AFFILIATES
ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE
ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR
PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
CONFIDANCE DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS
CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE
CORRECTED. CONFIDANCE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE
OR INFORMATION PROVIDED BY CONFIDANCE VIA EMAIL OR OTHER MEANS ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES CONFIDANCE MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CONFIDANCE OR ITS CONTENT OR
AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH USE OF THE SITE.
CONFIDANCE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED
BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS,
NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF
CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE
INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF CONFIDANCE.CA & CONFIDANCE.COM, ITS
AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.
CONFIDANCE DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT
CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN
WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL
CONFIDANCE OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
TRANSMITTING, OR DISTRIBUTING CONFIDANCE OR RELATED SERVICES BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN
CONNECTION WITH THE USE OR INABILITY TO USE CONFIDANCE OR ANY CONTENT PROVIDED
BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER
INTANGIBLES, EVEN IF CONFIDANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT
APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW.
The rights and obligations of the parties pursuant to these Terms and Conditions
is governed by, and shall be construed in accordance with, the laws of the
Province of British Columbia, Canada, without reference to its conflicts of laws
You may be subject to other local, provincial and national
laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts
of the Province of British Columbia for any dispute arising under or relating to
this Agreement and waive your right to institute legal proceedings in any other
jurisdiction. We shall be entitled to institute legal proceedings in connection
with any matter arising under this Agreement in any jurisdiction where you
reside, do business or have assets.
Notwithstanding any of these terms and conditions, CONFIDANCE reserves the
right, without notice and in its sole discretion, to terminate your license to
use this Site, and to block or prevent future access to and use of this Site.
If any provision of these terms and conditions shall be deemed unlawful, void or
for any reason unenforceable, then that provision shall be deemed severable from
these terms and conditions and shall not affect the validity and enforceability
of any remaining provisions.
Copyright © 2002 CONFIDANCE Inc. All rights reserved.