About Saverity
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Services Available on the Sites.
We may make certain services available to visitors of the Sites. You may be able to chat with other visitors, post comments in a forum, make phone calls over the Internet, advertise goods and wares, send e-mail notifications, download an application or make use of other web site features (the "Services"). The Sites visitors are solely responsible for any user information and other content they post on and through the Sites. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on or through the public portions of the Sites (e.g., chat, bulletin boards, post cards, invitations), that such information is generally accessible to and may be
collected and used by others and may result in unsolicited messages from other
parties. Visitors to the Sites are encouraged to exercise caution when
providing personal information about themselves. By accessing the Sites, you, the
user agree to release and discharge Saverity, its affiliates, owners and
creators of the Sites from any and all liability which may arise from the use herein.
Internet Access.
You acknowledge and agree that in connection with your use of the Sites and
Services you must: (a) provide for your own access to the World Wide Web and pay
any service fees associated with such access, and (b) provide all equipment
necessary for you to make such access and connection to the World Wide Web,
including a computer, software, a modem and a means of connecting to or accessing
the Internet. Saverity shall not be responsible for any malfunctions,
errors, crashes or other adverse events that may occur from your use of the Sites.
User Conduct.
You warrant and agree that, while using the Sites, you shall not upload, post or
transmit to or distribute or otherwise publish through the Sites any materials
that: (a) are protected by copyright, or other proprietary or intellectual
property right, or derivative works with respect thereto, except as provided
herein or without first obtaining permission from us or the copyright owner; (b)
are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar,
obscene, libelous, deceptive, fraudulent, contains explicit or graphic
descriptions or accounts of sexual acts (including but not limited to sexual
language of a violent or threatening nature directed at another individual or
group of individuals), invasive of another's privacy, or hateful, (c) restrict or
inhibit any other user from using and enjoying the Sites, (d) constitute or
encourage conduct that would constitute a criminal offense or give rise to civil
liability, or (e) contain a virus or other harmful component, advertising of any
kind, or false or misleading indications of origin or statements of fact. You also
warrant and agree that you shall not: (a) impersonate, or misrepresent your
affiliation with any other person or entity; (b) upload, post, publish, transmit,
reproduce, distribute or in any way exploit any information or other material
obtained through the Sites for commercial purposes (other than as expressly
permitted by the provider of such information or other material); (c) engage in
spamming or flooding; or (d) attempt to gain unauthorized access to other computer
systems through the Sites. Except as otherwise expressly permitted herein, you may
not upload, post, publish, reproduce, transmit or distribute in any way any
component of the Sites itself or derivative works with respect thereto, as the Sites are copyrighted as a collective work under Canada and U.S. copyright laws.
We have no obligation to monitor any content on or through the Sites and We assume
no obligation. You acknowledge and agree, however, that We do retain the right to
monitor the Sites and to disclose any information as necessary or appropriate to
satisfy any law, regulation or other governmental request, to operate the Sites
properly, or to protect ourselves or our users. We will not intentionally monitor
or disclose any private electronic-mail message unless required by law. We reserve
the right to refuse to post or to remove any information or materials, in whole or
in part, that, in our sole discretion, are unacceptable, undesirable,
inappropriate or in violation of these Terms and Conditions.
You agree to defend, indemnify and hold Saverity, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Sites or the placement or transmission of any message, information, software or other materials through the Sites by you.
Disclaimer of Warranties.
THE SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS IS
PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
including, without limitation, any warranty for information, data, data processing
services, or uninterrupted access, any warranties concerning the availability,
accuracy, usefulness, or content of information, and any warranties of title,
non-infringement, merchantability or fitness for a particular purpose. Saverity does not warrant that the Sites or the functions, features or content
contained therein will be timely, secure, uninterrupted or error free, or that
defects will be corrected. Saverity makes no warranty that the Sites will
meet users' requirements. No advice, results or information, whether oral or
written, obtained by you from Saverity or through the Sites shall create
any warranty not expressly made herein. If you are dissatisfied with the Sites,
your sole remedy is to discontinue using the Sites.
Limitation of Liability.
IN NO EVENT SHALL SAVERITY CORPORATION OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED to the use of, or the inability to use, the Sites or the content, materials and functions related thereto, including, without limitation, loss of revenue, or anticipated profits or lost business or lost sales, even if We or such individual has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall We be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Sites. In no event shall the total liability of Saverity to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms and Conditions or your use of the Sites exceed, in the aggregate of ($1.00) United States dollar.
Outbound Links.
You acknowledge and agree that We have no responsibility for the accuracy or
availability of information provided by web sites to which you may link from the
Sites ("Outbound Links"). Outbound Links do not constitute an endorsement by
or association with Saverity of such sites or the content, products, advertising or other materials presented on such sites. Saverity does not author, edit, or monitor these Outbound Links. You acknowledge and agree that Saverity is not 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 such content, goods or services available on such Outbound Links.
Miscellaneous.
The Terms and Conditions and the relationship between you and Saverity
shall be governed by the Canadian laws of the Province of Ontario, without regard to its conflict of law provisions. You and Saverity agree that any cause of action that may arise under these Terms and Conditions shall be commenced and be heard in the appropriate court in the City of Ottawa, Ontario, Canada. The failure of
Saverity to exercise or enforce any right or provision of the Terms and
Conditions shall not constitute a waiver of such right or provision. If any
provision of the Terms and Conditions is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms and Conditions remain in full force and
effect. You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Services or the Terms
and Conditions must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
Modifications to the Sites and its Services.
We reserve the right, for any reason, in our sole discretion, to terminate,
change, suspend or discontinue any aspect of the Sites, including, but not limited
to, content, features or hours of availability. We may also impose limits on
certain features of the Sites or restrict your access to part or all of the Sites
without notice or penalty. ■
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