| Welcome
to our site. We maintain this web site as a
service to our customers. By using our site,
you are agreeing to comply with and be bound
by the following terms of use. Please review
the following terms carefully. If you do not
agree to these terms, you should not review
information or obtain goods or products from
this site. The term “CAMMDA”,
“us” or “our” refers
to CAMMDA Corporation. The term “you”
refers to the user or viewer of our Web Site.
1.
Acceptance of Agreement.
You
agree to the terms and conditions outlined in
this Terms of Use Agreement (“Agreement”)
with respect to our site (the “Site”).
This Agreement constitutes the entire and only
agreement between us and you, and supersedes
all prior or contemporaneous agreements, representations,
warranties and understandings with respect to
the Site, the content, products or services
provided by or through the Site, and the subject
matter of this Agreement. This Agreement may
be amended at any time by us from time to time
without specific notice to you. The latest Agreement
will be posted on the Site, and you should review
this Agreement prior to using the Site.
2.
Copyright.
The
content, organization, graphics, design, compilation,
magnetic translation, digital conversion and
other matters related to the Site are protected
under applicable copyrights, trademarks and
other proprietary (including but not limited
to intellectual property) rights. The copying,
redistribution, use or publication by you of
any such matters or any part of the Site, except
as allowed by Section 4, is strictly prohibited.
You do not acquire ownership rights to any content,
document or other materials viewed through the
Site. The posting of information or materials
on the Site does not constitute a waiver of
any right in such information and materials.
3.
Trademarks.
cammda.com,
and others are either trademarks or registered
trademarks of CAMMDA Corporation. Other product
and company names mentioned on the Site may
be trademarks of their respective owners.
4.
Limited Right to Use.
The
viewing, printing or downloading of any content,
graphic, form or document from the Site grants
you only a limited, non exclusive license for
use solely by you for your own personal use
and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative
works or other use. No part of any content,
form or document may be reproduced in any form
or incorporated into any information retrieval
system, electronic or mechanical, other than
for your personal use (but not for resale or
redistribution).
5.
Editing, Deleting and Modification.
We
reserve the right in our sole discretion to
edit or delete any documents, information or
other content appearing on the Site.
6.
Indemnification.
You
agree to indemnify, defend and hold us and our
partners, attorneys, staff and affiliates (collectively,
“Affiliated Parties”) harmless
from any liability, loss, claim and expense,
including reasonable attorney’s fees,
related to your violation of this Agreement
or use of the Site.
7.
Nontransferable.
Your
right to use the Site is not transferable. Any
password or right given to you to obtain information
or documents is not transferable.
8.
Disclaimer and Limits.
THE
INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED
“AS-IS,” “AS AVAILABLE,”
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS
OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR,
BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS
SITE AND THE INFORMATION WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED
IN THIS AGREEMENT.
ALL
RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES
CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC
FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED.
WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
THAT MAY RESULT FROM USE OF OR INABILITY TO
USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER
ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE
PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
9.
Use of Information.
We
reserve the right, and you authorize us, to
the use and assignment of all information regarding
Site uses by you and all information provided
by you in any manner consistent with our Privacy
Policy.
10.
Privacy Policy.
Our
Privacy Policy, as it may change from time to
time, is a part of this Agreement.
11.
Payments. You represent and warrant that
if you are purchasing something from us that:
- any
credit information you supply is true and
complete;
- charges
incurred by you will be honored by your
credit card company, and;
- you
will pay the charges incurred by you at
the posted prices, including any applicable
taxes.
12.
Securities Laws.
This
Site may include statements concerning our operations,
prospects, strategies, financial condition,
future economic performance and demand for our
products or services, as well as our intentions,
plans and objectives, that are forward-looking
statements. These statements are based upon
a number of assumptions and estimates which
are subject to significant uncertainties, many
of which are beyond our control. When used on
our Site, words like “anticipates,”
“expects,” “believes,”
“estimates,” “seeks,”
“plans,” “intends”
and similar expressions are intended to identify
forward-looking statements designed to fall
within securities law safe harbors for forward-looking
statements. The Site and the information contained
herein does not constitute an offer or a solicitation
of an offer for sale of any securities. None
of the information contained herein is intended
to be, and shall not be deemed to be, incorporated
into any of our securities-related filings or
documents.
13.
Links to other Web Sites.
The
Site contains links to other Web sites. We are
not responsible for the content, accuracy or
opinions express in such Web sites, and such
Web sites are not investigated, monitored or
checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the
linked Web site by us. If you decide to leave
our Site and access these third-party sites,
you do so at your own risk.
14.
Linking to the Site.
You
may provide links to the Site, provided:
- that
you do not remove or obscure, by framing
or otherwise, advertisements, the copyright
notice, or other notices on the Site;
- your
site does not engage in illegal or pornographic
activities, and;
- you
discontinue providing links to the Site
immediately upon request by us, and;
- you
may be required to provide a graphic representation
furnished by us with appropriate source
code to ensure consistent and uniform linking
practices.
15.
Copyrights and Copyright Agents.
We
respect the intellectual property of others,
and we ask you to do the same. If you believe
that your work has been copied in a way that
constitutes copyright infringement, please provide
our Copyright Agent the following information:
- an
electronic or physical signature of the
person authorized to act on behalf of the
owner of the copyright interest;
- a
description of the copyrighted work that
you claim has been infringed;
- a
description of where the material that you
claim is infringing is located on the Site;
- your
address, telephone number, and email address;
- a
statement by you that you have a good faith
belief that the disputed use is not authorized
by the copyright owner, its agent, or the
law; and
- a
statement by you, made under penalty of
perjury, that the above information in your
Notice is accurate and that you are the
copyright owner or authorized to act on
the copyright owner’s behalf.
Our
Copyright Agent for Notice of claims of copyright
infringement on the Site is CAMMDA Corporation
who can be reached as follows:
By
mail:
CAMMDA
Corporation
Copyright Agent
8875 Danforth Road East
Cobourg, Ontario, Canada
K9A 4L8
By
phone:905.372.0123
By email: Customer
Service
16.
Information and Press Releases.
The
Site contains information and press releases
about us. While this information was believed
to be accurate as of the date prepared, we disclaim
any duty or obligation to update this information
or any press releases. Information about companies
other than ours contained in the press release
or otherwise, should not be relied upon as being
provided or endorsed by us.
17.
Miscellaneous.
This
Agreement shall be treated as though it were
executed and performed in Cobourg, Ontario,
and shall be governed by and construed in accordance
with the laws of the Province of Ontario (without
regard to conflict of law principles). Any cause
of action by you with respect to the Site (and/or
any information, products or services related
thereto) must be instituted within one (1) year
after the cause of action arose or be forever
waived and barred. All actions shall be subject
to the limitations set forth in Section 8 and
Section 10. The language in this Agreement shall
be interpreted as to its fair meaning and not
strictly for or against either party. All legal
proceedings arising out of or in connection
with this Agreement shall be brought solely
in Cobourg, Ontario. You expressly submit to
the exclusive jurisdiction of said courts and
consents to extra-territorial service of process.
Should any part of this Agreement be held invalid
or unenforceable, that portion shall be construed
consistent with applicable law and the remaining
portions shall remain in full force and effect.
To the extent that anything in or associated
with the Site is in conflict or inconsistent
with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision
of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce
such provision. |
