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This is a legal agreement. by
accessing this web site or using any service provided herein, you accept and
agree to be bound by all the terms and conditions of this agreement. please
read this entire agreement carefully before accepting its terms.
1. Parties. The parties to this Agreement are you, a visitor to this web site
("You"), and the owner and operator of this web site Performance Mopar ®
Club of Toronto Ontario (PMCofTO). All references to "us", "this web site" or "this site"
shall be construed to mean PMCofTO. If the user is not an individual, then "You" means
Your company, its officers, members, agents, successors and assigns.
2. Assent To Terms of Use And Amendment. PMCofTO grants to You and
provides the services available at this site to You subject to the following
terms and conditions. These terms and conditions may be
amended by us from time to time without notice to you. you can review the most
current version of the terms and conditions at any time at this site. By
using this site, you are agreeing to be bound by all of the terms and conditions
of the most current version of the terms of use agreement and any guidelines and
rules posted on this site. if you do not agree to be bound by this agreement, do
not use this site.
3. Prohibited Conduct. You agree (i) not to use this site to upload or
distribute in any way files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer;
(ii) not to interfere or disrupt this site or any networks connected to this site;
(iii) not to use any device, software or routine or attempt to interfere with the
proper functioning of this site or any transactions being offered at this site;
(iv) not to take any action that imposes an unreasonable or disproportionately large
load on PMCofTO's infrastructure; (v) not to use this site to collect or harvest personal
information, including, without limitation, financial information, about other
participants at this site; and (vi) not to impersonate any person or entity or
falsely state or otherwise misrepresent Your affiliation with a person or entity.
You agree not to use the services, products, or downloads available at this site
for illegal purposes, and to comply with all regulations, policies and procedures
of networks connected to this site.
4. Compliance with Laws. You shall comply with all applicable laws and
regulations of Canada and foreign authorities relating to
any service, product, or download associated with this site.
5. Separate License Agreement(s). You may acquire software and/or content from
PMCofTO by download from this site, or otherwise directly from PMCofTO. You agree that your
use of such software and/or content shall be strictly in accordance with the
applicable license agreement(s).
6. Registration Data And Privacy. Registration may be required for you to
download from this site, or for your participation in certain services offered
at this site. Registration Data and certain other information about You is subject to our Privacy
Statement, solely to enable PMCofTO to use information You supply us internally, so that we are not violating any
rights You might have in that information, You grant to PMCofTO a nonexclusive license
to (i) convert such information into digital format such that it can be read,
utilized and displayed or any other technology currently in
existence or hereafter developed capable of utilizing digital information, and (ii)
combine the information with other content provided by PMCofTO, in each case by any method
or means or in any medium whether now known or hereafter devised.
7. Links. This site may provide links to other Internet sites. PMCofTO is not
responsible for the availability of such other sites and does not endorse and is not
responsible or liable for any content, products or other materials available on such
other sites. Links to external web sites do not constitute an endorsement by
PMCofTO of those sites or the sponsors of such sites or the content, products,
advertising or other materials presented on such sites. You further acknowledge and agree that
PMCofTO shall
not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any information,
goods or services available on or through any such site. If You decide to access any
of the third party sites linked to this site, You do this entirely at Your own risk.
8. Participation In Promotions Of Advertisers. You may enter into correspondence
with or participate in promotions of advertisers promoting their products or services
on this site ("Advertisers"). You acknowledge and agree that any such correspondence
or participation, including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations associated with such
correspondence or promotions, are solely between You and Advertiser. PMCofTO shall have no liability, obligation or responsibility whatsoever
arising out of or in connection with any such correspondence or participation or
transactions.
9. Monitoring. You acknowledge that PMCofTO or its designees reserves the right to,
and may from time to time, monitor any and all activity or information transmitted or
received through this site.
10. No warranties. This site and all information contained on this site,
are provided on an "as is" basis from PMCofTO and its information providers.
11. Limited liability. PMCofTO and all of PMCofTO's affiliates and
content providers and their respective shareholders and affiliates shall not
be liable for any loss of business, loss of use or of data, interruption of
business, lost profits or goodwill, or other indirect, special, incidental,
exemplary or consequential damages of any kind arising out of this
agreement, even if they have been advised of the possibility of such loss
and whether or not they had any knowledge, actual or constructive, that such
damages might be incurred, and notwithstanding any failure of essential
purpose of any limited remedy. This exclusion includes any liability that
may arise out of third-party claims against you. you agree that regardless
of any act or law to the contrary, any claim or cause of action arising out
of or related to use of the goods or services provided on this site.
12. Indemnity. You shall indemnify, defend, and hold harmless PMCofTO and its
content providers and their respective shareholders, affiliates, employees,
agents, successors, officers, and assigns, from any suits, losses, claims,
demands, liabilities, costs and expenses (including attorney and accounting
fees) that they may sustain or incur arising from (i) Your use of the software
available at or downloaded from this site, (ii) Your failure to comply with any
applicable laws and regulations (including without limitation those regarding
the export of products or technology abroad) or to obtain any licenses or approvals
from the appropriate government agencies necessary to purchase or sell the subject
goods and services, (iii) Your use of the content available on this site in any way
contrary to this agreement (d) Your breach of any of Your representations, warranties
or obligations set forth in this agreement, (iv) the sale, purchase, transportation,
delivery, use or disposal of any PMCofTO service, product, or download associated with
this site or available through other sites, or any loss suffered by or harm to any
person or property in any way relating to of caused in whole or in part by Your use
of this site or any service, product, or download associated with this site (including,
without limitation, any personal injuries or death of any third person caused in whole
or in part by such products or services, the use, transportation, delivery, storage,
handling or release thereof), and (v) any taxes attributable to the relating to any
service, product, or download associated with this site.
13. Beneficiaries of this Agreement; No Other Agreements. The rights and
limitations in this agreement are for the benefit of PMCofTO and each of
PMCofTO'S content
providers, each of which shall have the right to enforce its rights hereunder
directly and on its own behalf.
14. Termination. You agree that PMCofTO may, at its sole discretion, deny
You access to the site.
You agree that PMCofTO shall not be liable to You or to any third party for any
modification, suspension or discontinuance of the services offered under this site.
15. Controlling Law. This Agreement shall be construed under the laws of the
Province of Ontario, Canada, excluding rules regarding conflicts of law. The application
the United Nations Convention of Contracts for the International Sale of Goods is
expressly excluded.
16. Jurisdiction And Venue. You and PMCofTO agree to submit to the exclusive personal
jurisdiction of the courts of Toronto in the Province of Ontario, Canada in all legal
proceedings arising under this Agreement.
17. Fast Counter is provided by BCentral. For a free counter go
to
http://www.bcentral.com/fastcounter/
BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN YOU AFFIRM THAT YOU
HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO
NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE EXIT
THIS SITE.
Last Update: March 8, 2003.
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