Terms

LAST UPDATED ON March 5, 2012

This Site is provided by Knowledge and Objects Inc. (“Knowledge and Objects”, “Developer”, “we” and/or “us”) as a service to our customers (“you”). Please review the following terms and conditions that govern your use of this Site (the “Agreement”). We provide you access to this Site subject to the terms and conditions of this Agreement. Please note that your use of this Site constitutes your unconditional agreement to follow and be bound by these terms and conditions.

KNOWLEDGE AND OBJECTS INC. reserves the right to update or modify the Agreement at any time without prior notice. If the Agreement has been updated, KNOWLEDGE AND OBJECTS INC. will post the new Agreement on this Site and note the date that it was last updated. Your use of this Site following any such posting constitutes your unconditional agreement to follow and be bound by the Agreement as changed. For this reason, we encourage you to review the terms and conditions of the Agreement whenever you use this Site.

By using this Site, you represent that you are of the age of majority in your jurisdiction. If you are not of the age of majority in your jurisdiction, you must only use this Site under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this Site by the minor and you are fully responsible for the minor’s use of this Site, including all financial charges and legal liability that he or she may incur.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THIS SITE.

COPYRIGHTS and TRADEMARKS

Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, and are protected by Canadian, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Knowledge and Objects Inc. and is also protected by Canadian, U.S. and international copyright laws.

KNOWLEDGE AND OBJECTS INC. and its clients, suppliers and licensors expressly reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of KNOWLEDGE AND OBJECTS INC. or any third-party’s intellectual property rights.

Knowledge and Object Inc. names and logos and all related product and service names, design marks and slogans are the trade-marks or service marks of the Developer and are used in Canada under exclusive license by the Developer. All other marks are the property of their respective companies. No trade-mark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

LINKS

References on this Site to any names, marks, products or services of third-parties or hypertext links to third-party sites or information are provided solely as a convenience to you and do not in any way constitute or imply KNOWLEDGE AND OBJECTS INC.’s endorsement, sponsorship or recommendation of the third-party, information, product or service.

KNOWLEDGE AND OBJECTS INC. is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk. Your use of such third-party websites is subject to the terms and conditions of use and the privacy policies of such websites.

USE OF THIS SITE

This Site and all its Contents are intended solely for personal, non-commercial use. You may download, copy and print one copy of the Contents and other downloadable materials displayed on this Site for your personal use only, and provided that you maintain all copyright and other notices contained on the Site or in the Contents. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as noted above, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, this Site or any related software in any form or by any means. All software used on this Site is the property of KNOWLEDGE AND OBJECTS INC. or its suppliers or licensors and protected by Canadian, U.S. and international copyright laws. The content and software on this Site may be used only as a source of information. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.

PASSWORDS AND ACCOUNTS

You are responsible for maintaining the confidentiality of the password used to access your account and restricting access to your computer. KNOWLEDGE AND OBJECTS INC. is not under any obligation to verify the actual identity or authority of any user of a password and login name. KNOWLEDGE AND OBJECTS INC. may rely on the authority of anyone accessing your account or using your password and will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password. You agree that you are responsible for all activities that occur on your account.

You agree to notify Knowledge and Objects Inc. immediately in the event that the confidentiality of your account or password is compromised. KNOWLEDGE AND OBJECTS INC. has the right to take any actions that it deems reasonable in such event provided that it shall have no liability for any acts or omissions in this regard.

Knowledge and Objects Inc. may cancel or suspend your account at any time for any reason without any notice or liability to you or any other person.

SITE SECURITY

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. KNOWLEDGE AND OBJECTS INC. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from KNOWLEDGE AND OBJECTS INC. on this Site and other than generally available third-party web browsers (e.g., Microsoft Explorer, Firefox, Chrome).

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to KNOWLEDGE AND OBJECTS INC. on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) you grant KNOWLEDGE AND OBJECTS INC. a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub-licensable right and license to use the Comments however KNOWLEDGE AND OBJECTS INC. desires, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way.

For this reason, we ask that you not send us any comments that you do not wish to license to us as described above, including any confidential information or any original creative materials such as ideas, computer code or original artwork. KNOWLEDGE AND OBJECTS INC. is and shall be under no obligation: (1) to display, maintain or use Comments in any way; (2) to maintain any Comments in confidence; (3) to pay to user any compensation for any Comments; or (4) to respond to any user Comments. You represent and warrant that any Comments submitted by you to the Site will not violate the terms and conditions of this Agreement or any right of any third-party, including without limitation, copyright, trade-mark, publicity, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity and will not contain any personal information of any third-party. You further represent and warrant that no Comments submitted by you to this Site will be or contain libelous or otherwise unlawful, threatening, defamatory, abusive or obscene material, or contain software viruses, disabling mechanisms, harmful content, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You will not impersonate any person or entity or misrepresent your affiliation to a person or entity. You are and shall remain solely responsible for the content of any Comments you make.

You represent and warrant that you have the right to distribute and reproduce the Comments and to grant the license that you have granted above. You hereby waive all your moral rights in the Comments for the benefit of KNOWLEDGE AND OBJECTS INC. and its successors, assigns and licensees.

KNOWLEDGE AND OBJECTS INC. does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant KNOWLEDGE AND OBJECTS INC. the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify KNOWLEDGE AND OBJECTS INC. and its affiliates for all claims resulting from or relating to any Comments you submit.

KNOWLEDGE AND OBJECTS INC. and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third-party.

OBJECTIONABLE CONTENT

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use this Site and any service at your sole risk and that KNOWLEDGE AND OBJECTS INC. and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent or objectionable.

INDEMNIFICATION

You agree to defend, indemnify and hold KNOWLEDGE AND OBJECTS INC. harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of this Site or any breach of this Agreement. This provision shall survive the termination of this Agreement and remain in full force and effect.

PRIVACY

In using the Site, you agree not to send emails to individuals without their consent or post any Comments that include personal information of third-parties. KNOWLEDGE AND OBJECTS INC. personal information practices on the Site, including the collection, use and/or disclosure of your personal information, are governed by the Privacy Policy on this website. Please review this privacy policy and print a copy for your records.

TERMINATION

The Agreement is effective unless and until terminated by either you or KNOWLEDGE AND OBJECTS INC. You may terminate this Agreement at any time, provided that you immediately discontinue any further use of this Site. KNOWLEDGE AND OBJECTS INC. also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to this Site. Upon any termination of the Agreement by either you or KNOWLEDGE AND OBJECTS INC. , you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Agreement or otherwise, except for one copy of this Agreement and other materials applicable to your use of this Site or orders for products or services you have placed on the Site.

DISCLAIMER

THIS SITE IS PROVIDED BY KNOWLEDGE AND OBJECTS INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. KNOWLEDGE AND OBJECTS INC. AND/OR THE MERCHANT MAKES NO REPRESENTATIONS OR WARRANTIES, AND PROVIDES NO CONDITIONS, OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR SERVICES PROVIDED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, KNOWLEDGE AND OBJECTS INC. AND/OR THE MERCHANT DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) RELATING TO THIS SITE OR ANY CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KNOWLEDGE AND OBJECTS INC. DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE DISPLAYED ON THIS SITE AND THAT THIS SITE WILL BE ERROR-FREE, CURRENT, UNINTERRUPTED, ACCURATE, AVAILABLE, RELIABLE, SECURE OR COMPLETE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION ON IMPLIED WARRANTIES AND CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. THIS PROVISION SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

PRICES AND AVAILABILITY

ITEMS LISTED ON THIS SITE MAY NOT BE AVAILABLE AT ALL TIMES FOR PURCHASE. KNOWLEDGE AND OBJECTS INC. RESERVE THE RIGHT TO CORRECT, AT ANY TIME, ANY PRICING ERRORS. WHILE THE SITE IS UPDATED REGULARLY, PRICES AND AVAILABILITY MAY VARY AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. VISIT OR CALL FOR CURRENT INFORMATION ON PRICING AND AVAILABILITY.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL KNOWLEDGE AND OBJECTS INC. AND/OR ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS SITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS SITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS SITE, AND ANY LINKS PROVIDED ON THIS SITE; (3) ANY TRANSACTION CONDUCTED ON THIS SITE; AND (4) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF KNOWLEDGE AND OBJECTS INC. AND/OR THE MERCHANT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF DAMAGES AS PROVIDED ABOVE. IF THESE LAWS APPLY TO YOU, SOME OF THE EXCLUSIONS REFERRED TO ABOVE MAY NOT APPLY TO YOU. THIS PROVISION SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

GENERAL

This Agreement represents the complete agreement between you and KNOWLEDGE AND OBJECTS INC. in relation to the use of this Site and supersedes all prior agreements and representations between us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision and the other terms of this Agreement shall remain in full force and effect. The delay or failure of KNOWLEDGE AND OBJECTS INC. to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit KNOWLEDGE AND OBJECTS INC. rights with respect to such breach or any subsequent breaches.

KNOWLEDGE AND OBJECTS INC. shall not be liable for any delay or failure to perform any of its obligations under these Terms of Use if such delay or failure is due to causes beyond its control. You may not assign these Terms of Use to any third-party without the prior written consent of KNOWLEDGE AND OBJECTS INC.. These Terms of Use will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) KNOWLEDGE AND OBJECTS INC. and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute with KNOWLEDGE AND OBJECTS INC. or relating in any way to your use of the Site will be in the courts of the province of Ontario unless required otherwise by applicable laws of your province of residence.

It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

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