Website Terms and Conditions
Welcome to the website of 180 Connect Inc. ("180 Connect"). Please read carefully all of the Website Terms and Conditions ("Terms and Conditions") before proceeding.
The Terms and Conditions were last updated: April 28, 2004.
180 Connect maintains this website (the “Site”) for your personal entertainment, information, education, and communication. Please feel free to browse this Site.
Your access and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions.
If the Terms and Conditions set out are not acceptable to you, please do not use this Site. Your continued use of this Site will be deemed your conclusive acceptance of the updated Terms and Conditions.
180 Connect may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
1. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without 180 Connect’s written permission.
You should assume that everything you see or read on the Site is protected by copyright unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of 180 Connect. 180 Connect neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with 180 Connect.
2. While 180 Connect uses reasonable efforts to include accurate and up-to-date information on the Site, 180 Connect makes no warranties or representations as to its accuracy, completeness or usability. 180 Connect assumes no liability or responsibility for any errors or omissions in the content on the Site.
3. Your use and browsing of the Site is at your risk. 180 Connect, on behalf of its affiliates, directors, officers, employees, agents, consultants and contractors, completely disclaims all liability for the used of the information posted on this Site by you or any user or viewer, including liability for any direct, incidental, consequential, indirect, or punitive damages, losses, lawsuits, claims or expenses arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, UNINTERRUPTED OR ERROR-FREE OPERATION, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The above limitations and exclusions shall apply to you to the fullest extent that applicable law permits, in all actions of any kind, whether based on contract, tort (including, without limitation, negligence) or any other legal or equitable theory. Any clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder of these Terms and Conditions. 180 Connect also assumes no responsibility, and shall not be liable for any damages or viruses, "Trojan horses", "worms", or other harmful, disruptive or destructive files that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
4. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by 180 Connect or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, 180 Connect is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
With respect to any personal information you transmit to, post on, or provide to 180 Connect on the Site, 180 Connect may collect and use such personal information in order to improve the products and services that it provides. In doing so, we respect your privacy and use commercially reasonably efforts to safeguard the privacy and confidentiality of personal information in 180 Connect's possession. 180 Connect endeavours to keep personal information current and accurate Except as required by law, 180 Connect does not disclose such personal information to third parties. By transmitting to, posting on or providing your personal information on the Site you consent to 180 Connect's collection, use and disclosure of such information for the foregoing purposes.
5. Images of people or places displayed on the Site are either the property of, or used with permission by 180 Connect. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, including the 180 Connect logo and the 180 Connect Product Line logos are registered and unregistered Trademarks of 180 Connect and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of 180 Connect or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that 180 Connect will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. 180 Connect has not reviewed all of the sites linked to the Site, does not endorse the linked sites and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk. Under no circumstances will 180 Connect be held liable to you or any third party who may choose to rely on a linked entity, their product, services or information given.
8. Although 180 Connect may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, 180 Connect is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. 180 Connect will fully cooperate with any law enforcement authorities or court order requesting or directing 180 Connect to disclose the identity of anyone posting any such information or materials.
9. Neither TSX nor any of its affiliates, officers, directors, employees, agents of licensees has (a) passed on the merit of any of the securities referred to on this Site or (b) has endorsed or sponsored any of these securities; or (c) makes or has made any recommendation regarding any securities issued by 180 Connect nor the advisability of investing in securities generally for any particular individual. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF THE SECURITIES REFERRED TO ON THIS SITE.
10. Certain information included in this Site is forward-looking and is subject to important risks and uncertainties. The results or events predicted in these statements may differ materially from actual results or events. Actual results may differ materially from management expectations as projected in that forward-looking information for a variety of reasons, including market and general economic conditions and the risks and uncertainties detailed from time to time in 180 Connect's filings with Canadian securities regulators through the System for Electronic Document Analysis and Retrieval (SEDAR) (www.sedar.com). Due to the potential impact of these factors, 180 Connect disclaims any intention or obligation to update or revise any forward-looking information, whether as a result of new information, future events or otherwise, unless required by applicable law.
11. The information posted to the Investor Relations section of this Site is maintained by the Chief Financial Officer of 180 Connect. All information posted to the Investor Relations section of this Site was accurate at the time of posting, but may be superseded by subsequent disclosures made by 180 Connect. 180 Connect does not assume any duty of disclosure beyond that which is required by law. For 180 Connect official investor disclosure documents, please see the 180 Connect filings made with Canadian securities regulators at www.sedar.com.
12. 180 Connect reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Site.
13. (a) The Terms and Conditions contain the entire agreement and understanding between 180 Connect and you with respect to the Site and supersede any and all written and oral agreements previously existing between 180 Connect and you with respect to the Site.
(b) The Site is controlled, operated and administered by 180 Connect from within the State of Florida. The Site can be accessed from all states in the U.S.A. and the provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the State of Florida, by accessing the Site, you acknowledge and agree that all matters relating to access to, or use of the Site shall be governed by the laws of the State of Florida. You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the State of Florida and acknowledge that you do so voluntarily and are responsible for complying with local laws excluding conflicts of laws principles therein.
(c) 180 Connect's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
(d) Should any part of the Terms and Conditions be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms and Conditions had been eliminated.
(e) All rights not expressly granted herein are reserved.
