Driven Networks ("Company") may revise these Terms and Conditions at any time by
updating this posting. You should visit this page periodically to review the
Terms and Conditions, because they are binding on you. If you do not accept the
Terms and Conditions stated here, do not use the Web Site.
Section 1. Use of Material
The Company authorizes you to view and download a single copy of the material on this Web
site ("Web Site") solely for your personal, noncommercial use. Special rules
may apply to the use of certain software and other items provided on the Web
Site. Any such special rules are listed as "Legal Notices" on this Web Site and
are incorporated into this Agreement by reference.
The contents of this Web Site, such as text, graphics, images and other
material ("Material"), are protected by copyright under both Canadian and
foreign laws. Unauthorized use of the Material may violate copyright,
trademark, and other laws. You must retain all copyright and other proprietary
notices contained in the original Material on any copy you make of the
Material. You may not sell or modify the Material or reproduce, display,
publicly perform, distribute, or otherwise use the Material in any way for any
public or commercial purpose. The use of the Material on any other Web site or
in a networked computer environment for any purpose is prohibited.
If you violate any of these Terms, your permission to use the Material
automatically terminates and you must immediately destroy any copies you have
made of the Material.
Section 2. Company's Liability
The Material may contain inaccuracies or typographical errors. Company makes no
representations about the accuracy, reliability, completeness, or timeliness of
the Material or about the results to be obtained from using the Web Site and
the Material. The use the Web Site and the Material is at your own risk.
Changes are periodically made to the Web Site and may be made at any time.
COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS
WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS.
IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF
FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES
ABOUT THE ACCURACY , RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL,
SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Disclaimer of Consequential Damages
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT
THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE
THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Section 4.User Submissions Generally, any communication which you post to the
Web Site is considered to be non-confidential. If particular Web pages permit
the submission of communications which will be treated by Company as
confidential, that fact will be stated in "Legal Notices" on those pages. By
posting communications to the Web Site, you automatically grant Company a
royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce,
modify, publish, edit, translate, distribute, perform, and display the
communication alone or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense such rights through
multiple tiers of sublicensees.
As a User, you are responsible for your own communications and are responsible
for the consequences of their posting. You must not do the following things:
Post material that is copyrighted, unless you are the copyright owner or have
the permission of the copyright owner to post it; post material that reveals
trade secrets, unless you own them or have the permission of the owner; post
material that infringes on any other intellectual property rights of others or
on the privacy or publicity rights of others; post material that is obscene,
defamatory, threatening, harassing, abusive, hateful, or embarrassing to
another User or any other person or entity; post a sexually explicit image;
post advertisements or solicitations of business; post chain letters or pyramid
schemes; or impersonate another person.
The Company does not represent or guarantee the truthfulness, accuracy, or
reliability of any of communications posted by other Users or endorse any
opinions expressed by Users. You acknowledge that any reliance on material
posted by other Users will be at your own risk.
Company does not screen communications in advance and is not responsible for
screening or monitoring material posted by Users. If notified by a User of
communications which allegedly do not conform to this Agreement, Company may
investigate the allegation and determine in good faith and its sole discretion
whether to remove or request the removal of the communication. Company has no
liability or responsibility to Users for performance or nonperformance of such
activities. Company reserves the right to expel Users and prevent their further
access to the Web Site for violating this Agreement or the law and the right to
remove communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites
The Web Site contains links to third party Web sites. These links are provided
solely as a convenience to you and not as an endorsement by Company of the
contents on such third-party Web sites. Company is not responsible for the
content of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third party Web sites.
If you decide to access linked third-party Web sites, you do so at your own
risk.
Section 6. Software Licenses
All software that is made available for downloading from the Web Site
("Software") is protected by copyright and may be protected by other rights.
The use of such software is governed by the terms of the software license
agreement or designated "Legal Notice" accompanying such software ("License
Agreement"). The downloading and use of such software is conditioned on your
agreement to be bound by the terms of the License Agreement.
Section 7. Limitation of Liability
Unless otherwise expressly provided in a Software License or Legal Notice, the
COMPANY has no aggregate liability to you for all claims arising from the use
of the Materials (including Software).
Section 8. Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from your use of the Material (including Software) or
your breach of the terms of this Agreement. The Company shall provide notice to
you promptly of any such claim, suit, or proceeding and shall assist you, at
your expense, in defending any such claim, suit or proceeding.
Section 9. Export Control
Some countries, such as the United States, control the export of products and
information. You agree to comply with such restrictions and not to export or
re-export the Materials (including Software) to countries or persons prohibited
under the export control laws. By downloading the Materials (including
Software), you are agreeing that you are not in a country where such export is
prohibited or are a person or entity to which such export is prohibited. You
are responsible for compliance with the laws of your local jurisdiction
regarding the import, export, or re-export of the Product.
Section 10. User Information
The Company may use the information
it obtains relating to you, including your IP address, name, mailing address,
email address and use of the Web Site, for its internal business and marketing
purposes and may disclose the information to third parties for such purposes.
Section 11. General
This Web Site is based in Toronto, Ontario,
Canada. The Company makes no claims the Materials are appropriate or may be
downloaded outside of Canada. Access to the Materials (including Software) may
not be legal by certain persons or in certain countries. If you access the Web
Site from outside of the Canada, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. This Agreement is governed
by the internal substantive laws of the Province of Ontario, without respect to
its conflict of laws principles. If any provision of this Agreement is found to
be invalid by any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect. No waiver of any term
of this Agreement shall be deemed a further or continuing waiver of such term
or any other term. Except as expressly provided in a particular "Legal Notice"
or Software License or material on particular Web pages, this Agreement
constitutes the entire Agreement between you and the Company with respect to
the use of Web Site. Any changes to this Agreement must be made in writing,
signed by an authorized representative of the Company.