SFPESOC.com Terms and
Conditions of Service
Updated: November 6, 2003
PLEASE READ THESE TERMS AND CONDITIONS OF
SERVICE ("TERMS") BEFORE USING THIS SITE.
By continuing to access or use this site, or
any service on this site, you signify your acceptance of the
TERMS. From time to time, The Society of Fire Protection
Engineers - Southern Ontario Chapter ("SFPESOC")
may modify the TERMS. Accordingly, please continue to review
the TERMS whenever accessing or using this site. Your use of
this site, or any service on the site, after the posting of
modifications to the TERMS will constitute your acceptance of
the TERMS, as modified. If, at any time, you do not wish to
accept the TERMS, you may not use the site. Any terms or
conditions proposed by you that are in addition to or which
conflict with the TERMS, are expressly rejected by SFPESOC
and shall be of no force or effect.
User Assent to Terms and Conditions of
Service. You
represent that you have read and agree to be bound by the
TERMS for www.SFPESOC.com. You further agree: (i) to comply
with Canadian law regarding the transmission of any data
obtained from the Service (as defined herein) in accordance
with the TERMS; (ii) not to use the Service for illegal
purposes; and (iii) not to interfere or disrupt networks connected
to the Service.
Disclaimer. All content provided on this Web site
is based upon information, which we believe to be reliable
and should be understood to be general information only.
Intellectual Property. This Web site, including but not limited to
text, content, photographs, video, audio and graphics (the
"Service"), is protected by copyrights, trademarks,
service marks, international treaties and/or other
proprietary rights and laws of the Canada and other
countries. The Service is also protected as a collective work
or compilation under Canadian copyright and other laws and
treaties. All individual articles, columns and other elements
making up the Service are also copyrighted works. You agree
to abide by all applicable copyright and other laws, as well
as any additional copyright notices or restrictions contained
in the Service.
Restrictions on Use. You may not use the Service for any illegal
purpose or in any manner inconsistent with the TERMS. You
agree to use the Service solely for the use and benefit of
your own organization, and not for resale or other transfer
to, or use by or for the benefit of, any other person or
entity. You acknowledge that the Service has been developed,
compiled, prepared, revised, selected and arranged by SFPESOC
and others (including certain other information sources)
through the application of methods and standards of judgment
developed and applied through the expenditure of substantial
time, effort and money and constitutes valuable intellectual
property of SFPESOC and such others. You agree to protect the
proprietary rights of SFPESOC and all others having rights in
the Service during and after the term of this agreement and
to comply with all reasonable written requests made by
SFPESOC or its suppliers of content, equipment or otherwise
("Suppliers") to protect their and others'
contractual, statutory and common law rights in the Service.
You agree to notify SFPESOC in writing promptly upon becoming
aware of any unauthorized access or use of the Service by any
party or of any claim that the Service infringes upon any
copyright, trademark or other contractual, statutory or
common law rights.
Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, DISTRIBUTE,
PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE
DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY
PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL
FROM THE SERVICE AND/OR MAKE PRINT COPIES FOR USE WITHIN YOUR
ORGANIZATION, PROVIDED THAT ALL COPIES RETAIN ALL COPYRIGHT
AND OTHER PROPRIETARY NOTICES. MODIFICATION OF THE SERVICE'S
CONTENT WOULD BE A VIOLATION OF SFPESOC'S COPYRIGHT AND OTHER
PROPRIETARY RIGHTS. FURTHERMORE, YOU MAY NOT USE ANY OF
SFPESOC'S NAMES OR MARKS IN ANY MANNER THAT CREATES THE
IMPRESSION SUCH NAMES OR MARKS BELONG TO OR ARE ASSOCIATED
WITH YOU OR IMPLY ANY ENDORSEMENT BY SFPESOC, AND YOU
ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY
OF THESE NAMES OR MARKS. YOU WILL NOT USE THE SERVICE, THE
INFORMATION CONTAINED THEREIN OR ANY OF SFPESOC'S NAMES OR
MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL AND WILL NOT
SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY
USING THE SERVICE.
License. You acquire no rights or licenses in
or to the Service and materials contained therein other than
the limited right to utilize the Service in accordance with
the TERMS
Linking And Framing. (I) By linking to this Web site, you
represent that you have read and agree to be bound by the
TERMS. (ii) Upon linking to this site pursuant to the Terms,
you will be granted a non-exclusive, non-transferable,
royalty-free license to use the "SFPESOC" name
solely for providing an underlined, textual link from your
Web site to www.SFPESOC.com, and for no other use; (3) You
may include a link(s) on your Web site only to the SFPESOC
home page, currently located at http://www.sfpesoc.com
("Home Page") provided that you first send to
SFPESOC via email to admin@sfpesoc.com
Rights Reserved. All present and future rights in and to
trade secrets, patents, copyrights, trade names, trademarks,
service marks, databases, know-how and other proprietary
rights of any type under the laws of any governmental
authority, domestic or foreign, including rights in and to
all applications and registrations relating to the Service
(the "IP Rights") shall, as between you and
SFPESOC, at all times be and remain the sole and exclusive
property of SFPESOC. All present and future rights in and
title to the Service (including the right to exploit the
Service and any portions of the Service over any present or
future technology) are reserved to SFPESOC.
Disclaimer and Limitation of Liability. You agree that your use of the Service is at
your sole risk and acknowledge that the Service and anything
contained therein, including, but not limited to, content,
services, goods or advertisements (the "Items") are
provided "AS IS" and that SFPESOC makes no warranty
of any kind, express or implied, as to the Items, including,
but not limited to, merchantability, non-infringement, title
or fitness for a particular purpose or use. SFPESOC does not
warrant that the Service is compatible with your equipment or
is free of errors or viruses, worms or "Trojan
horses" and is not liable for any damage you may suffer
as a result of such destructive features. You agree that
SFPESOC, its Suppliers and its third-party agents shall have
no responsibility or liability for: (i) any injury or
damages, whether caused by the negligence of SFPESOC, its
employees, subcontractors, agents, Suppliers or otherwise
arising in connection with the Service; or (ii) any fault,
inaccuracy, omission, delay or any other failure in the
Service caused by your computer equipment or arising from
your use of the Service on such equipment. The content of
other Web sites, services, goods or advertisements that may
be linked to the Service is not maintained or controlled by
SFPESOC. SFPESOC is therefore not responsible for the
availability, content or accuracy of other Web sites,
services or goods that may be linked to, or advertised on,
the Service. SFPESOC does not: (a) make any warranty, express
or implied, with respect to the use of the links provided on,
or to, the Service; (b) guarantee the accuracy, completeness,
usefulness or adequacy of any other Web sites, services,
goods or advertisements that may be linked to the Service; or
(c) make any endorsement, express or implied, of any other
Web sites, services, goods or advertisements that may be
linked to the Service. SFPESOC is also not responsible for
the reliability or continued availability of the telephone
lines and equipment you use to access the Service. You
understand that SFPESOC and/or third-party contributors to
the Service may choose at any time to inhibit or prohibit
their content from being accessed under the TERMS.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT
LIMITED TO NEGLIGENCE, SHALL SFPESOC, ITS SUPPLIERS OR ITS
THIRD-PARTY AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES EVEN IF AN AUTHORIZED
REPRESENTATIVE OF SFPESOC HAS BEEN ADVISED SPECIFICALLY OF
THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR
INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE
OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO,
LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.
Representations and Warranties. You represent, warrant and covenant that you:
(i) have the power and authority to enter into this
agreement; (ii) are at least eighteen (18) years old; (iii)
shall not use any rights granted hereunder for any unlawful
purpose; and (iv) shall use the Service only as set forth in
these TERMS.
Indemnification. You agree, at your own expense, to indemnify,
defend and hold harmless SFPESOC and its employees,
representatives, Suppliers and agents, against any claim,
suit, action or other proceeding, to the extent based on or
arising in connection with your use of the Service, or any
links on the Service, including, but not limited to: (i) your
use or someone using your computer's use of the Service; (ii)
a violation of the TERMS by you or anyone using your
computer; (iii) a claim that any use of the Service by you or
someone using your computer infringes any IP Right (as herein
defined) of any third party, or any right of personality or
publicity, is libelous or defamatory, or otherwise results in
injury or damage to any third party; (iv) any deletions,
additions, insertions or alterations to, or any unauthorized
use of, the Service by you or someone using your computer; or
(v) any misrepresentation or breach of representation,
warranty or covenant made by you contained herein. You agree
to pay any and all costs, damages and expenses (including
reasonable attorneys' fees) and costs awarded against or
incurred by or in connection with or arising from any such
claim, suit, action or proceeding.
Governing Law. These TERMS shall be governed and construed in
accordance with the laws of Canada and the Province of
Ontario, without giving effect to conflicts-of-law principles
thereof. You agree to submit to the personal jurisdiction of
the provincial and federal courts located in Toronto with
respect to any legal proceedings arising out of this
agreement and waive any objection to the propriety or
convenience of venue in such courts. If any provision of the
TERMS is found by a court of competent jurisdiction to be
invalid or unenforceable, such provision shall be enforced to
the maximum extent permissible and the other provisions of
the TERMS shall remain in full force and effect.
Access Outside Canada. If you choose to access the Service from
outside Canada, you are responsible for compliance with
foreign and local laws.
Miscellaneous. You acknowledge that SFPESOC has the right to
change the content or technical specifications of any aspect
of the Service at any time at SFPESOC's sole discretion. You
further accept that such changes may result in your being
unable to access the Service.
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