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Advarion Incorporated ("Advarion") provides the Advarion Web site including the Advarion Home Page and other Advarion content (collectively, the "Advarion Site") subject to your compliance with the terms and conditions below. PLEASE READ THIS BEFORE ACCESSING THE ADVARION SITE. BY ACCESSING THE Advarion SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE ADVARION SITE.
1. Rules. While visiting the Advarion Site, you may also not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Advarion Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Advarion Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Advarion Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightholder.
2. Monitoring. Advarion has no obligation to monitor the Advarion Site. However, you agree that Advarion has the right to monitor the Advarion Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Advarion Site properly, or to protect itself or its subscribers. Advarion will not intentionally monitor or disclose any private electronic-mail message unless required by law. Advarion reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
3. Privacy. Advarion cannot ensure or guarantee privacy for Advarion users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and Advarion and its affiliate and related companies shall be relieved of all liability in connection therewith.
4. Buying over the Internet. When making purchases or other transactions through the Advarion Site or the Internet, you may also be asked by the Merchant or service provider to supply certain information, including credit card or other payment mechanisms. You agree that all information you provide any merchant or information or service provider through the Advarion Site will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the Advarion Site. Advarion is in no way responsible for any charges you or any user of your account incur when making purchases or other transactions in this manner.
5. Limitation of Liability. Advarion takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the Advarion Site. Further, Advarion makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the Advarion Site for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall Advarion be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.
6. Recourse. If you are dissatisfied with the Advarion Site or with any terms, conditions, rules, policies, guidelines, or practices of Advarion in operating the Advarion Site, your sole and exclusive remedy is to discontinue using the Advarion Site.
7. Confidential Information. You authorize Advarion to collect from any party and to retain all relevant information relating to your use of the Advarion Site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify Advarion to the contrary by e-mailing us, you further authorize Advarion to disclose, on a confidential basis, to any party with whom Advarion has business relations all relevant information relating to your dealings with us and the Advarion Site.
8. Indemnity. You agree to defend, indemnify and hold Advarion and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the Advarion Site or the Internet or the placement or transmission of any message, information, software or other materials on the Advarion Site or on the Internet by you or users of your account.
9. Trademarks. Advarion and other names, logos and icons identifying Advarion and Advarion products and services referenced herein are trademarks or registered trademarks of Advarion. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.
10. DISCLAIMER.THE SOFTWARE CONTAINED IN THIS ARCHIVE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL ADVARION BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE IN THIS ARCHIVE. USE OF THE FREEWARE AND SHAREWARE PROGRAMS CONTAINED IN THIS ARCHIVE ARE GOVERNED BY THEIR RESPECTIVE LICENSE AGREEMENTS AND MAY CONTAIN RESTRICTIONS ON USE INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENT(S) TO PAY THE AUTHOR(S) A SPECIFIED AMOUNT AFTER A TRIAL PERIOD HAS ELAPSED.
11. Miscellaneous. This Agreement, including any and all documents referenced herein, constitute the entire agreement between Advarion and you pertaining to the subject matter hereof. Advarion's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein.