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ITGenerations
Inc Rights
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Please
carefully read these terms of use and legal restrictions
("Terms") before using this Web site. By using this Web site,
you indicate your agreement to these Terms. If you do not accept these
terms and conditions, please do not use this Web site.
1.
Copyright and Proprietary Rights
This
World Wide Web site (the "ITGenerations Site") is the property
of the ITGenerations Inc, Toronto, Canada and is protected by Canadian
and international copyright laws. All copyright, trademark, and other
proprietary rights in the ITGenerations Site and in the software, text,
graphics, design elements, audio and all other materials originated or
used by the ITGenerations or at the ITGenerations Site are
reserved to the ITGenerations Inc.
2. Use
of the Information
The
ITGenerations authorizes you to download or copy the ITGenerations Site
Information, provided that you retain all copyright and other
proprietary notices contained in the original materials on any copies of
the materials and that you comply strictly with these Terms. You may not
modify, edit or take out of context the Information such that its use
creates a false or misleading statement or impression as to the
positions, statements or actions of the ITGenerations. Except as
specifically permitted pursuant to Section 3 below, you may not use the
ITGenerations Site Information for any commercial purposes. If you
breach any of these Terms, your authorization to use the ITGenerations
Site automatically terminates and you must immediately destroy any
downloaded or printed materials.
3.
Linking to the ITGenerations Site
The
ITGenerations , in its sole discretion, may accept or reject any request
to link to or mirror the ITGenerations Site. Under most
circumstances, links to the ITGenerations Site are permitted,
provided that you comply with the following requirements
- a. You
may not frame or alter the appearance of the ITGenerations
Site.
- b. You
may not state or imply that the ITGenerations endorses,
sponsors or otherwise approves your site or any other sites.
- c. You
may not use any of the ITGenerations trademarks or logos
(collectively "Marks") without the prior written consent
of the ITGenerations .
- d. You
may link to specific pages of the ITGenerations Site but the
responsibility of keeping these links updated remains with you.
The ITGenerations retains the right to delete or relocate any
links without notice to you
- e. You
may mirror the ITGenerations Site only for your internal use.
Any commercial use or implied use of a mirror is strictly
prohibited. If you choose to mirror the ITGenerations Site for
your internal use, you hereby agree to update the mirror on at least
a daily basis.
- f. You
may use the title of the ITGenerations Site's pages only in
the hyperlink to that specific page. You may not use the title in
any descriptive terms or in referencing any other pages on your own
site or any other site (s).
- g. You
may not copy text from the ITGenerations Site verbatim, nor
are you permitted to translate the text verbatim into any other
language.
- h. You
may not present false information about the ITGenerations nor
make negative or disparaging references regarding the ITGenerations
.
- i. You
acknowledge the validity of the ITGenerations 's ownership in all
Marks and will not contest such ownership or the validity of any
registrations of the ITGenerations relating to the Marks. If
you acquire any goodwill or reputation in any of the Marks, all such
goodwill or reputation will automatically vest in the ITGenerations
when and as such goodwill or reputation occurs. You agree to take
all actions necessary to effect such vesting.
- j. You
are prohibited from using the Marks or any names, marks or other
materials in a manner which is likely to cause confusion with,
dilute or damage the reputation or image of the ITGenerations .
- k. You
must abide by all of the Terms set forth herein.
The
ITGenerations reserves the right to terminate this consent to use
its Marks and/or link to its Web site. You agree to immediately cease
and desist using the Marks and/or linking to the ITGenerations
Site upon written or electronic request from the ITGenerations .
The
trademarks, logos, and service marks not owned on behalf of the
ITGenerations and that may be displayed on the ITGenerations
Site are the registered and unregistered marks of their respective
owners. No rights are granted by the ITGenerations to use such
marks, whether by implication, estoppels, or otherwise.
4.
Links from the ITGenerations Site to other Web site
Some
links used on these Web pages will take you outside the ITGenerations
Site. Although these links were established to provide you with access
to useful information, the ITGenerations does not control and is
not responsible for any of these sites or their contents. The
ITGenerations does not endorse or make any representations about
using such third party sites or any information, software or other
products or materials found there, or any results that may be obtained
from using them. If you decide to access any of the third party sites
linked to the ITGenerations Site, you do this entirely at your own
risk. Links to these sites from the ITGenerations Site may be
discontinued by the ITGenerations in its sole discretion at any
time for any reason.
5.
User
The
ITGenerations may, but is not obligated to, monitor or review any
areas on the ITGenerations Site where users transmit or post
communications or communicate solely with each other, including but not
limited to chat rooms, bulletin boards or other user Sites, and the
content of any such communications. The ITGenerations , however, will
have no liability related to the content of any such communications,
whether or not arising under the laws of copyright, libel, privacy,
obscenity, or otherwise. Any such materials may be removed by the
ITGenerations at any time for any reason. If you send a message to
the ITGenerations Site, such as, but not limited to, an e-mail,
you hereby grant to the ITGenerations the right to read, use,
distribute, disclose and otherwise handle the communications as the
ITGenerations deems appropriate in its sole judgment. You are
hereby advised that no facilities are provided by the ITGenerations
Site for sending or receiving confidential communications.
6.
Disclaimer
No
warranties of any kind are made with respect to the ITGenerations
Site and the ITGenerations Information. ALL INFORMATION PROVIDED
AT THE ITGENERATIONS SITE IS PROVIDED "AS IS" WITHOUT
ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. The ITGenerations further does not warrant the accuracy
and completeness of the information at the ITGenerations Site. The
ITGenerations may make changes to the materials at the
ITGenerations Site, to the location of the ITGenerations
Site, or may discontinue the ITGenerations Site at any time
without notice. The materials at the ITGenerations Site may be out
of date, and the ITGenerations makes no commitment to update the
materials at the ITGenerations Site. Please note that some
jurisdictions may not allow the exclusion of implied warranties, so some
of the above exclusions may not apply to you.
7.
Export Controls
Your use
of the ITGenerations Site must comply with all applicable laws,
rules and regulations that govern the export of technical data.
8.
Choice Of Law, Jurisdiction and Enforcement
These
Terms shall be governed by and construed in accordance with the laws of
the State of Ontario, Canada, without reference to any conflict of law
principles. You hereby consent to venue in and jurisdiction of the state
and federal courts sitting in the State of Ontario. Notwithstanding
anything to the contrary, the ITGenerations shall have the right
to elect in its sole discretion the site for any law suit arising
hereunder brought by the ITGenerations . Because you shall have access
to the Marks and other valuable proprietary materials of the
ITGenerations , you agree that the ITGenerations shall have the
right to enforce these Terms and any of its provisions by injunction
(without being required to show any actual damage or to post an
injunction bond), specific performance or any other equitable relief
without prejudice to any other rights and remedies that the
ITGenerations may have for the breach of these Terms. If any
provision of these Terms is for any reason found by a court of competent
jurisdiction to be unenforceable, the remainder of these Terms shall
continue in full force and effect.
9.
Limitation of Liability
IN NO
EVENT WILL THE ITGenerations , ITS SUPPLIERS, AGENTS, CONTRACTORS OR
OTHER THIRD PARTIES MENTIONED AT THE ITGENERATIONS SITE BE LIABLE
FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY
KIND (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS,
LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO
USE, OR THE RESULTS OF USE OF THE ITGENERATIONS SITE, ANY WEB
SITES LINKED TO THE ITGENERATIONS SITE, OR THE MATERIALS OR
INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS
OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR
OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
10.
Limitation of Claims
Any
action on any claim against the ITGenerations must be brought by
the user within one (1) year following the date the claim first accrued,
or shall be deemed waived.
11.
General
The
ITGenerations may revise these Terms at any time by updating this
posting. You should visit this page from time to time to review the
then-current Terms because they are binding on you. Certain provisions
of these Terms may be superseded by expressly designated legal notices
or terms located on particular pages at the ITGenerations Site.
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