Terms & Conditions
Terms & Conditions
1. ACCEPTANCE OF TERMS
The services that ITCD provides to User is
subject to the following Terms of Use (”TOU”).
ITCD reserves the right to update the TOU
at any time without noticing. The most current version of the TOU can be
reviewed by clicking on the “Terms of Use” hypertext link located at the bottom
of our Web pages.
A. This Agreement, which incorporates by
reference other provisions applicable to use of www.ITCD.ca, including, but not
limited to, supplemental terms and conditions set forth hereof (”Supplemental
Terms”) governing the use of certain specific material contained in www.ITCD.ca,
sets forth the terms and conditions that apply to use of www.ITCD.ca by User.
By using ITCD (other than to read this Agreement for the first time), User
agrees to comply with all of the terms and conditions hereof. The right to use
www.itcd.ca is personal to User and is not transferable to any other person or
entity. User is responsible for all use of User’s Account (under any screen
name or password) and for ensuring that all use of User’s Account complies
fully with the provisions of this Agreement. User shall be responsible for
protecting the confidentiality of User’s password(s), if any.
B. ITCD shall have the right at any time to
change or discontinue any aspect or feature of www.ITCD.ca, including, but not
limited to, content, hours of availability, and equipment needed for access or
use.
2. CHANGED TERMS
ITCD shall have the right at any time to
change or modify the terms and conditions applicable to User’s use of www.ITCD.ca,
or any part thereof, or to impose new conditions, including, but not limited
to, adding fees and charges for use. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof, which may be
given by means including, but not limited to, posting on www.ITCD.ca, or by
electronic or conventional mail, or by any other means by which User obtains
notice thereof. Any use of www.ITCD.ca by User after such notice shall be
deemed to constitute acceptance by User of such changes, modifications or
additions.
3. DESCRIPTION OF SERVICES
Through its Web property, ITCD provides
User with access to a variety of resources, including download areas,
communication forums and product information (collectively “Services”). The
Services, including any updates, enhancements, new features, and/or the
addition of any new Web properties, are subject to the TOU.
4. EQUIPMENT
User shall be responsible for obtaining and
maintaining all telephone, computer hardware, software and other equipment
needed for access to and use of www.ITCD.ca and all charges related thereto.
5. USER CONDUCT
A. User shall use www.ITCD.ca for lawful
purposes only. User shall not post or transmit through
www.ITCD.ca any material which violates or
infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or which, without ITCD’s express prior approval, contains
advertising or any solicitation with respect to products or services. Any conduct
by a User that in ITCD’s discretion restricts or inhibits any other User from
using or enjoying
www.ITCD.ca will not be permitted. User
shall not use
www.ITCD.ca to advertise or perform any
commercial solicitation, including, but not limited to, the solicitation of
users to become subscribers of other on-line information services competitive
with ITCD.
B. www.ITCD.ca contains copyrighted
material, trademarks and other proprietary information, including, but not limited
to, text, software, photos, video, graphics, music and sound, and the entire
contents of
www.ITCD.ca is copyrighted as a collective
work under the Canadian copyright laws. ITCD owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in the
content original to it. User may not modify, publish, transmit, participate in
the transfer or sale, create derivative works, or in any way exploit, any of
the content, in whole or in part. User may download copyrighted material for
User’s personal use only. Except as otherwise expressly permitted under
copyright law, no copying, redistribution, re-transmission, publication or
commercial exploitation of downloaded material will be permitted without the express
permission of ITCD and the copyright owner. In the event of any permitted
copying, redistribution or publication of copyrighted material, no changes in
or deletion of author attribution, trademark legend or copyright notice shall
be made. User acknowledges that it does not acquire any ownership rights by
downloading copyrighted material.
C. User shall not upload, post or otherwise
make available on
www.ITCD.ca any material protected by
copyright, trademark or other proprietary right without the express permission
of the owner of the copyright, trademark or other proprietary right and the
burden of determining that any material is not protected by copyright rests
with User. User shall be solely liable for any damage resulting from any infringement
of copyrights, proprietary rights, or any other harm resulting from such a
submission. By submitting material to any public area of
www.ITCD.ca, User automatically grants, or
warrants that the owner of such material has expressly granted ITCD the
royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed for the full term of
any copyright that may exist in such material. User also permits any other User
to access, view, store or reproduce the material for that User’s personal use.
User hereby grants ITCD the right to edit, copy, publish and distribute any
material made available on
www.ITCD.ca by User.
D. The foregoing provisions of Section 5
are for the benefit of ITCD Inc., its subsidiaries, affiliates and its third
party content providers and licensors and each shall have the right to assert
and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
The Services may contain email services,
bulletin board services, chat areas, news groups, forums, communities, personal
web pages, calendars, photo albums, file cabinets and/or other message or
communication facilities designed to enable User to communicate with others
(each a “Communication Service” and collectively “Communication Services”).
User agrees to use the Communication Services only to post, send and receive
messages and material that are proper and, when applicable, related to the
particular Communication Service. By way of example, and not as a limitation,
User agrees that when using the Communication Services, User will not:
* Use the Communication Services in
connection with surveys, contests, pyramid schemes, chain letters, junk email,
spamming or any duplicative or unsolicited messages (commercial or otherwise).
* Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and publicity) of
others.
* Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, obscene, indecent or
unlawful topic, name, material or information.
* Upload, or otherwise make available,
files that contain images, photographs, software or other material protected by
intellectual property laws, including, by way of example, and not as
limitation, copyright or trademark laws (or by rights of privacy or publicity)
unless User own or control the rights thereto or have received all necessary
consent to do the same.
* Use any material or information,
including images or photographs, which are made available through the Services
in any manner that infringes any copyright, trademark, patent, trade secret, or
other proprietary right of any party.
* Upload files that contain viruses, Trojan
horses, worms, time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another’s computer or
property of another.
* Advertise or offer to sell or buy any
goods or services for any business purpose, unless such Communication Services
specifically allows such messages.
* Download any file posted by another user
of a Communication Service that User know, or reasonably should know, cannot be
legally reproduced, displayed, performed, and/or distributed in such manner.
* Falsify or delete any copyright
management information, such as author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
* Restrict or inhibit any other user from
using and enjoying the Communication Services.
* Violate any code of conduct or other
guidelines which may be applicable for any particular Communication Service.
* Harvest or otherwise collect information
about others, including email addresses.
* Violate any applicable laws or
regulations.
* Create a false identity for the purpose
of misleading others.
* Use, download or otherwise copy, or
provide (whether or not for a fee) to a person or entity any directory of users
of the Services or other user or usage information or any portion thereof.
ITCD has no obligation to monitor the
Communication Services. However, ITCD reserves the right to review materials
posted to the Communication Services and to remove any materials in its sole
discretion. ITCD reserves the right to terminate User’s access to any or all of
the Communication Services at any time, without notice, for any reason
whatsoever. ITCD reserves the right at all times to disclose any information as
it deems necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in ITCD Inc.’s sole discretion.
Materials uploaded to the Communication
Services may be subject to posted limitations on usage, reproduction and/or
dissemination; User is responsible for adhering to such limitations if User
downloads the materials.
Always use caution when giving out any
personally identifiable information in any Communication Services. ITCD does
not control or endorse the content, messages or information found in any
Communication Services and, therefore, ITCD specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from User’s participation in any Communication Services. Managers and hosts are
not authorized ITCD spokespersons, and their views do not necessarily reflect
those of ITCD .
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to
open an account, User must complete the registration process by providing ITCD with
current, complete and accurate information as prompted by the applicable
registration form. User also will choose a password and a user name. User is
entirely responsible for maintaining the confidentiality of User’s password and
account. Furthermore, User is entirely responsible for any and all activities
that occur under User’s account. User agrees to notify ITCD immediately of any
unauthorized use of User’s account or any other breach of security. ITCD will
not be liable for any loss that User may incur as a result of someone else
using User’s password or account, either with or without User’s knowledge.
However, User could be held liable for losses incurred by ITCDor another party
due to someone else using User’s account or password. User may not use anyone
else’s account at any time, without the permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON
THIS WEBSITE
Any software that is made available to
download from the Services (”Software”) is the copyrighted work of ITCD and/or
its suppliers. Use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the Software
(”License Agreement”). An end user will be unable to install any Software that
is accompanied by or includes a License Agreement, unless he or she first
agrees to the License Agreement terms.
The Software is made available for download
solely for use by end users according to the License Agreement. Any
reproduction or redistribution of the Software not in accordance with the
License Agreement is expressly prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted to the maximum extent
possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE
LICENSE AGREEMENT, ITCDHEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, ITCDMAY MAKE
AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND
UTILITIES FOR USE AND/OR DOWNLOAD. ITCDDOES NOT MAKE ANY ASSURANCES WITH REGARD
TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH
TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS
WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE
ON THIS WEBSITE
Permission to use Documents (such as white
papers, press releases, datasheets and FAQs) from the Services is granted,
provided that (1) the below copyright notice appears in all copies and that
both the copyright notice and this permission notice appear, (2) use of such
Documents from the Services is for informational and non-commercial or personal
use only and will not be copied or posted on any network computer or broadcast
in any media, and (3) no modifications of any Documents are made. Accredited
educational institutions, such as universities, private/public colleges, and
state community colleges, may download and reproduce the Documents for
distribution in the classroom. Distribution outside the classroom requires
express written permission. Use for any other purpose is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
ITCDAND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND. ITCDAND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO
EVENT SHALL ITCDAND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ITCDAND/OR
ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S)
AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS
AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL ITCDAND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO ITCDOR POSTED AT
ANY OF ITS WEBSITES
ITCD does not claim ownership of the
materials User provide to ITCD(including feedback and suggestions) or post,
upload, input or submit to any Services or its associated services for review
by the general public, or by the members of any public or private community,
(each a “Submission” and collectively “Submissions”). However, by posting,
uploading, inputting, providing or submitting (”Posting”) User’s Submission
User is granting ITCD Inc., its affiliated companies and necessary sublicenses
permission to use User’s Submission in connection with the operation of their
Internet businesses (including, without limitation, all ITCD Services),
including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat User’s Submission; to publish User’s name in connection with User’s
Submission; and the right to sublicense such rights to any supplier of the
Services.
No compensation will be paid with respect
to the use of User’s Submission, as provided herein. ITCD is under no
obligation to post or use any Submission User may provide and ITCD may remove
any Submission at any time in its sole discretion. By Posting a Submission User
warrants and represents to own or otherwise control all of the rights to User’s
Submission as described in these Terms of Use including, without limitation,
all the rights necessary for User to provide, post, upload, input or submit the
Submissions.
In addition to the warranty and
representation set forth above, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical in whole or in part
(”Images”), User warrant and represent that (a) User is the copyright owner of
such Images, or that the copyright owner of such Images has granted User permission
to use such Images or any content and/or images contained in such Images
consistent with the manner and purpose of User’s use and as otherwise permitted
by these Terms of Use and the Services, (b) User have the rights necessary to
grant the licenses and sublicenses described in these Terms of Use, and (c)
that each person depicted in such Images, if any, has provided consent to the
use of the Images as set forth in these Terms of Use, including, by way of
example, and not as a limitation, the distribution, public display and
reproduction of such Images. By Posting Images, User is granting (a) to all
members of User’s private community (for each such Images available to members
of such private community), and/or (b) to the general public (for each such
Images available anywhere on the Services, other than a private community),
permission to use User’s Images in connection with the use, as permitted by
these Terms of Use, of any of the Services, (including, by way of example, and
not as a limitation, making prints and gift items which include such Images),
and including, without limitation, a non-exclusive, world-wide, royalty-free
license to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat User’s Images without having User’s
name attached to such Images, and the right to sublicense such rights to any
supplier of the Services. The licenses granted in the preceding sentences for a
Images will terminate at the time User completely remove such Images from the
Services, provided that, such termination shall not affect any licenses granted
in connection with such Images prior to the time User completely remove such
Images. No compensation will be paid with respect to the use of User’s Images.
12. DISCLAIMER OF WARRANTY; LIMITATION OF
LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF www.ITCD.ca
IS AT USER’S SOLE RISK. NEITHER ITCD Inc., ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS
WARRANT THAT
www.ITCD.ca WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF
www.ITCD.ca, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
www.ITCD.ca.
B. www.ITCD.ca IS PROVIDED ON AN “AS IS”
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO
ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY
ACKNOWLEDGES THAT ITCDIS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL ITCD Inc., OR ANY
PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
www.ITCD.ca OR THE ITCDSOFTWARE, BE LIABLE
FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE
www.ITCD.ca. USER HEREBY ACKNOWLEDGES THAT
THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE
NEITHER, ITCD Inc., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN
www.ITCD.ca, OR FOR ANY DELAY OR
INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR
LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES
SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE,
USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE
TO VERIFY PRICING OR OTHER INFORMATION. ITCD Inc., ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS
BASED ON THE INFORMATION PROVIDED. NEITHER, ITCD Inc., NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE
NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE
RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND
ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT,
EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS,
SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR
TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF
THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND
TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE
OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE
PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH
EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER
THIS AGREEMENT.
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE ITCD
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ITCDAND ITCDIS NOT
RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A
LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ITCDIS NOT RESPONSIBLE
FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
ITCDIS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF
ANY LINK DOES NOT IMPLY ENDORSEMENT BY ITCDOF THE SITE.
ITCD is a distributor (and not a publisher)
of content supplied by third parties and Users. Accordingly, ITCD has no more
editorial control over such content than does a public library, bookstore, or
newsstand. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties, including
information providers, Users or any other user of
www.ITCD.ca, are those of the respective
author(s) or distributor(s) and not of ITCD . Neither ITCD nor any third-party
provider of information guarantees the accuracy, completeness, or usefulness of
any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available
through www.ITCD.ca represents the opinions and judgments of the respective
information provider, User, or other user not under contract with ITCD . ITCD neither
endorses nor is responsible for the accuracy or reliability of any opinion,
advice or statement made on
www.ITCD.ca by anyone other than authorized
ITCD employee spokespersons while acting in their official capacities. Under no
circumstances will ITCD be liable for any loss or damage caused by a User’s
reliance on information obtained through
www.ITCD.ca. It is the responsibility of
User to evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through ITCD . Please seek the
advice of professionals, as appropriate, regarding the evaluation of any
specific information, opinion, advice or other content.
14. UNSOLICITED IDEA SUBMISSION POLICY
ITCDOR ANY OF ITS EMPLOYEES DO NOT ACCEPT
OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS,
NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING
PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK,
SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID
POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN ITCD ’S PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO ITCD . SO, PLEASE DO NOT
SEND YOUR UNSOLICITED IDEAS TO ITCDOR ANYONE AT ITCD . IF, DESPITE OUR REQUEST
THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE
UNDERSTAND THAT ITCDMAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE
TREATED AS CONFIDENTIAL OR PROPRIETARY.
15. MONITORING
ITCD shall have the right, but not the
obligation, to monitor the content of
www.ITCD.ca, including chat rooms and
forums, to determine compliance with this Agreement and any operating rules established
by ITCD and to satisfy any law, regulation or authorized government request. ITCD
shall have the right in its sole discretion to edit, refuse to post or remove
any material submitted to or posted on
www.ITCD.ca. Without limiting the
foregoing, ITCD shall have the right to remove any material that ITCD Inc., in
its sole discretion, finds to be in violation of the provisions hereof or
otherwise objectionable.
16. INDEMNIFICATION
User agrees to defend, indemnify and hold
harmless ITCD Inc., its affiliates and their respective directors, officers,
employees and agents from and against all claims and expenses, including
attorneys’ fees, arising out of the use of ITCD by User or User’s Account.
17. TERMINATION
Either ITCD or User may terminate this
Agreement at any time. Without limiting the foregoing, ITCD shall have the
right to immediately terminate User’s Account in the event of any conduct by
User which ITCD Inc., in its sole discretion, considers to be unacceptable, or
in the event of any breach by User of this Agreement.
18. MISCELLANEOUS
This Agreement and any operating rules for
www.ITCD.ca established by ITCD constitute the entire agreement of the parties
with respect to the subject matter hereof, and supersede all previous written
or oral agreements between the parties with respect to such subject matter.
This Agreement shall be construed in accordance with the laws of the Ontario,
Canada, without regard to its conflict of laws rules. No waiver by either party
of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings used herein are
for convenience only and shall not be given any legal import.
19. COPYRIGHT NOTICE
Materials available on the this Web site
are protected by the copyright laws of Canada and other countries. When you
access the ITCD.ca Web site, you agree to the following terms:
You may retrieve the contents of the ITCD.ca
Web site for informational purposes only.
You may save a local copy of individual
items or print them for your own personal use. However, you may not charge for
such use.
You must include the copyright notice in
any copy that you make. You may not change the materials found in this Web site
without written permission from ITCD.ca.
20. TRADEMARKS
The names of actual companies and products
mentioned herein may be the trademarks of their respective owners. The example
companies, organizations, products, domain names, email addresses, logos,
people and events depicted herein are fictitious. No association with any real
company, organization, product, domain name, email address, logo, person, or event
is intended or should be inferred.
Any rights not expressly granted herein are
reserved.