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5/25/01
Powerhouse Engineering Web Site
Terms and Conditions of Use
Please read the following terms and conditions
of use carefully before using this site. YOUR USE OF THIS SITE CONSTITUTES
AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE
TO THESE TERMS, YOU MAY NOT USE THIS SITE.
This website http://www.powerhouseengineering.com (the
“Site”) is owned and operated by:
Powerhouse Engineering Inc. (“Powerhouse”)
26 Castleview Ave.
Toronto, ON M5R1Y9
CANADA
Throughout this Terms of Use, “you” and “your” refer to
any visitors to the Site. Please note that these Terms of Use are subject
to change as set forth herein. The current Terms of Use may be viewed
at any time at http://www.powerhouseengineering.com. This Terms of Use
are in addition to any other terms included in any other agreement that
you may have for access to Information (as defined below) with Powerhouse.
Information
Powerhouse provides Information for your use on the
Site. From time to time, Powerhouse may offer additional Information
to you, which will also be subject to these Terms of Use. All web pages
and contents in the Powerhouse website are the exclusive property of Powerhouse.
Except as necessary to view the materials in a web browser for the use
intended by Powerhouse, copying is prohibited without Powerhouse's prior
written consent. Modification and distribution are prohibited.
Copyright and Trademark Notices and Restrictions on
Use of Information
All pages on the Site Copyright © 2000, Powerhouse
Engineering Inc. All rights reserved.
Trademarks, logos, and service marks displayed on the
Site are registered and unregistered trademarks, logos and service marks
of Powerhouse.
All data, services, software products, information, content
and materials found on the Site (collectively, the "Information")
are either the property of, or used with permission by, Powerhouse, are
protected by copyright, trademark, or other intellectual property laws,
and may not be used without the express written permission of Powerhouse
or the owner of the Information, as applicable. Nothing contained on
the Site should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any trademark, logo, or service
mark displayed on the Site without the written permission of Powerhouse,
or such third party that may own the displayed trademark, logo or service
mark. You acknowledge and agree that: (i) Powerhouse and, as applicable,
any third parties providing Information for the Site, are and shall continue
to be the sole and absolute owner of the Information; (ii) your right
to use such Information is derived solely from this Terms of Use; and
(iii) such right is expressly limited by the terms and conditions of this
Terms of Use. You shall at no time assert any claim of ownership over
the Information by reason of your use thereof and shall not grant or create
or suffer to exist any lien or other security interest in such Information
or any of your rights hereunder.
If you believe any Information on the Site infringes on
your copyright, trademark, patent, or other intellectual property or proprietary
rights, please notify Powerhouse's designated agent at:
Powerhouse Engineering Inc.
26 Castleview Ave.
Toronto, ON M5R1Y9
Attn: General
Counsel
You must include the following information in such a notice:
-Identification of the protected work claimed to have been infringed
-Identification of the material that is allegedly infringing on the protected
work
-Information that will allow Powerhouse to contact the owner of the protected
work, including a contact name, address telephone number, and if available,
an e-mail address.
-A statement that the owner of the work has a good faith belief that use
of the material on the Site is not authorized by the owner, its agent,
or the law.
-A sworn statement from the owner of the protected work or of a person
authorized to act on behalf of the owner of the material that states the
information in the complaint is accurate under penalty of perjury.
Privacy
In the course of your use of the Site, you may provide,
or Powerhouse may otherwise obtain, information about you or your business
activities. By using the Site, you expressly consent to Powerhouse (1)
using this information to assess the function and performance of the Site,
to assess the needs of its customers, to market Powerhouse’s products
and services and for the other purposes set out in this paragraph, and
(2) transferring this data to Powerhouse’s affiliates. Any information
which you provide or which Powerhouse otherwise obtains will be used solely
by Powerhouse and its affiliates and will not be sold or made available
to third parties, with the exception of third parties providing Information,
software, data processing or similar services to Powerhouse, or in connection
with Powerhouse’s provision or marketing of products and services to you.
Links to Other Sites
The Site may provide links to certain internet sites
sponsored and maintained by third parties. Such sites are publicly available
and Powerhouse is providing access to such links through the Site solely
as a convenience to you. Powerhouse makes no representations or warranties
concerning the content of such sites and the fact that access to such
sites is provided does not constitute any endorsement, authorization or
sponsorship of such sites or their sponsors by Powerhouse.
Acceptable Uses
You agree to access and utilize the Site and its
software products and Information solely for your own internal business
purposes and in accordance with this Terms of Use. You agree not to transfer,
sub-license, sell, lease, store, distribute or reproduce any of the Information
to any third party. You further agree that you will not delete copyright
or other intellectual property rights notices from printouts of electronically
accessed materials.
Powerhouse may, in its sole discretion, monitor or review
discussions, chats, postings, transmissions, bulletin boards, and the
like on the Site, but 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 within such
locations on this Site. You expressly consent to any monitoring or review
activity that Powerhouse may undertake. You are prohibited from posting
or transmitting any unlawful, harassing, 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 or regulation. You are prohibited from posting or transmitting
any material or information that infringes on another’s (i) copyright,
trademark, patent, trade secrets, or other intellectual or other proprietary
rights; or (ii) rights of publicity or privacy. You are prohibited from
using the Site to gain unauthorized access, directly or indirectly, to
Powerhouse’s or other computer systems. You shall not interfere with
another user’s use or enjoyment of the Site. Powerhouse reserves the
right, in its sole discretion, to action that it deems appropriate for
violations of this Terms of Use, including but not limited to removal
of any material or information that violates this Terms of Use or termination
of your access to the Site. To the extent required to do so by law, Powerhouse
will fully cooperate with any law enforcement authorities or court order
requesting or directing Powerhouse to disclose information regarding postings
or transmissions through the Site, including the identities of the sender
or recipient of such information. In utilizing the Site, you agree to
use the Site in a manner consistent with all applicable laws and regulations
and in accordance with this Terms of Use.
The use and storage of any Information, including, without
limitation, the password, PIN code and transaction activity on your computer
is your sole risk and responsibility. You are responsible for providing
and maintaining the communications equipment (including computers and
modems) and telephone or alternative services required for accessing and
using the Site, and for all communication service fees and charges incurred
by you in accessing the Site.
Disclaimer of Warranty
YOUR USE OF AND BROWSING IN THE SITE ARE AT YOUR OWN RISK. THE INFORMATION
AND THE SITE ARE PROVIDED "AS IS." POWERHOUSE MAKES NO REPRESENTATIONS
REGARDING THE TRUTHFULNESS OR ACCURACY OR RELIABILITY OF THE INFORMATION
THAT APPEARS AT THE SITE. POWERHOUSE MAKES NO REPRESENTATIONS , EXTENDS
NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT,
OR SUITABILITY, COMPLETENESS OR ACCURACY OF THE INFORMATION OR OF ANY
INFORMATION CONTAINED THEREIN. POWERHOUSE EXTENDS NO WARRANTY CONCERNING
THE RESULTS OR EFFECTS OBTAINED THROUGH THE USE OF THE INFORMATION OR
THE SITE.
POWERHOUSE DOES NOT WARRANT THAT THE SITE OR SERVER THAT
MAKES IT AVAILABLE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, ERROR-FREE,
OR FREE FROM VIRUSES OR OTHER HARMFUL PROGRAMMING CODE. YOU ASSUME THE
ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR HARDWARE
OR SOFTWARE AFTER VISITING THE SITE AND/OR DOWNLOADING THE INFORMATION.
Limitation of Liability
IN NO EVENT SHALL POWERHOUSE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES,
OR ITS PARENTS, AFFILIATES, OR SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE TO YOU OR A THIRD PARTY
FOR LOST PROFITS, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES ARISING FROM OR IN ANY WAY RELATED TO OR RESULTING FROM (I) THE
USE OF, OR THE INABILITY TO USE, THE INFORMATION OR THE SITE, OR ERRORS
OR OMISSIONS IN THE CONTENT OF THE INFORMATION OR THE SITE; OR (II) ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE, RELATING TO
THE INFORMATION OR THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHER FORM OF ACTION, EVEN IF POWERHOUSE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL POWERHOUSE'S
CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL AMOUNT PAID BY YOU TO ACCESS
THE SITE. POWERHOUSE SHALL NOT BE RESPONSIBLE FOR, AND SHALL HAVE NO
OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM BY ANY OTHER PERSON ARISING
FROM, OR ATTRIBUTABLE TO, YOUR ACCESS TO, POSSESSION OF, USE OF, OR INABILITY
TO USE, OR ERRORS OR OMISSIONS IN, THE INFORMATION OR THE SITE. POWERHOUSE
SHALL HAVE NO LIABILITY FOR LOSS OF DATA OR DOCUMENTATION. YOU ARE RESPONSIBLE
FOR REASONABLE BACKUP PRECAUTIONS.
Indemnification
You agree to indemnify and release Powerhouse and its affiliates from
and against any and all liabilities, expenses (including attorney's fees)
and damages arising out of claims resulting from your use of the Information
or the Site, including, without limitation, (i) any claims that if the
allegations were true would constitute a breach of this Terms of Use and
(ii) any act or omission by any person obtaining access to the Site through
your password and/or Personal Identification Number (“PIN”) code, whether
or not you have authorized such access.
Password
Powerhouse may issue to you or activate for your use a password and/or
PIN code that shall enable you to access the Site. You accept full responsibility
for the use, confidentiality and protection of your password and/or PIN
code. You shall be solely responsible for the monitoring and use of any
passwords and PIN codes issued to you and Powerhouse shall have no responsibility
or liability whatsoever for monitoring or controlling the use of such
passwords or PIN codes. You agree that you shall only provide the passwords
and PIN codes assigned to you or your employees who are authorized by
you to access and use the Site. You acknowledge that the Information
is confidential and proprietary and you agree that you will implement
and enforce reasonable measures to protect the confidentiality of the
Site and the Information and the protection of your passwords and PIN
codes. You agree to notify Powerhouse immediately of any loss, theft,
or unauthorized use of your password, PIN code or account number.
Modifications
Powerhouse may, at its discretion, add, delete, limit access to, or charge
for any features or Information on the Site. Powerhouse may modify or
change the terms and conditions set forth in this Terms of Use at any
time by conspicuously posting notice of such change online at the Site
for a period of not less than five (5) consecutive days. Your continued
use of the Site after such notice will constitute acknowledgment and acceptance
of the revised Terms of Use. Although there is currently no charge for
access to the Site or the use of the Site, Powerhouse may impose a charge
effective after notice thereof is given to you. You are responsible for
all charges associated with accessing and utilizing the features or Information
on the Site.
Termination
Powerhouse may, in its sole discretion, with or without notice to you,
cease to provide the Site, cancel or inactivate your password or PIN Code,
suspend or terminate your account, or block your access to the Site without
notice for any reason, including, but not limited to, conduct that violates
this Terms of Use or other policies or guidelines set forth by Powerhouse
elsewhere on the Site.
Miscellaneous
This Terms of Use shall be construed in accordance with the laws of the
Province of Ontario, without giving regard to the choice of law provisions
of the province. In the event that any provision of this Terms of Use
or any part hereof is found invalid or unenforceable, the remainder of
this Terms of Use will be binding on the parties hereto and will be construed
as if the invalid or unenforceable provision or part thereof had been
deleted.
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