As a user of the ABC Group Inc. website, I represent to ABC Group Inc. (“ABC”) that my access is on my own behalf or on behalf of my employer or my own business enterprise and that I am authorized and empowered to make promises, representations and agreements on my own behalf or on behalf of my employer or business enterprise. I understand this agreement contains important legal and financial responsibilities that may affect me, my employer or my business.
As an inducement for ABC to provide me with access to or permitting me to use the ABC website, I agree to the following terms and conditions. I understand that ABC may change these terms and conditions from time to time at ABC’s sole discretion. Accordingly I promise to review regularly these terms and conditions to be informed of and agree to any changes made by ABC. If at any time I do not agree to any term or condition of this or any revised ABC web access or use agreement, I promise not to access or otherwise use the ABC website. I agree that the word “Content,” as used in this Agreement refers to any materials, documents, images, trademarks, copyrighted materials, graphics, logos, design, audio, video and any other information provided from or on the ABC website.
ABC maintains its Content for general marketing, promotional, public relations and general public information purposes. ABC does not transact business or engage in transactions by way of ABC Content. ABC provides its Content for informational purposes only for its customers, investors, vendors and employees and other constituencies. No license is granted by ABC to anyone to use or exploit any Content. If you wish to use or exploit any ABC Content, you agree to contact ABC in writing and to use such Content only in accordance with a written agreement with ABC. If you use or exploit any ABC Content without the agreement of ABC, you agree to be responsible for all claims, costs, losses, expenses, damages and liabilities incurred by ABC as a result of your actions or omissions, and you agree to cease such use or exploitation immediately upon the request of ABC. By using this site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by the terms and conditions do not use the site or download materials from the site.
ABC has no obligation to be sure that the Content of its website is accurate or complete, up-to-date or current, free from technical inaccuracies or typographical errors, free from changes caused by any third party or that access to the ABC website will be free from interruptions, errors, computer viruses or other harmful components. You understand that ABC may (but has no obligation in the absence of governmental regulatory requirements) to change, withdraw, improve or otherwise modify the Content at any time without any notice to you.
ABC may provide hyperlinks to other internet websites maintained by third parties or may provide third party content on the ABC website. The content in any such linked sites is not under ABC control and ABC is not responsible for the content of those sites, including any further links in another site. If you decide to access any of the third party sites linked to the ABC website, you do so entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, trojan horses and other items of a destructive nature. By providing a link, ABC does not necessarily endorse a third party or its website. ABC reserves the right to terminate a link to a third party website at any time in its sole discretion.
Linked Internet Sites
If you wish to provide a link to the ABC website, you may do so under the terms and conditions of this or any future ABC web access and use agreement, but: (i) you may not use or replicate the Content; (i) you agree not to create a browser, border environment or frame for the Content; (iii) you may not imply that ABC is endorsing you or your products or services; (iv) you may not misrepresent your relationship with ABC; (v) you may not present false information about ABC products or services; and (vi) your linked website shall not contain content that could be construed as distasteful, offensive or controversial, and or contain content that is not appropriate for all age, racial, religious or other groups protected by law or content that ABC deems unacceptable at its sole discretion. If you violate these promises, you agree to be responsible for all claims, costs, losses, expenses, damages and liabilities associated with such acts or omissions and indemnify and hold ABC harmless and you agree to remove any link to ABC immediately upon the request of ABC.
Information Provided By You
ABC does not want you to, and you should not, send any confidential or proprietary information to ABC via the ABC website, or to any ABC e-mail addresses, locations, or employees identified on the ABC website. You agree that any or materials that you or individuals acting on your behalf provide to ABC will not be considered confidential or proprietary. By providing such information or materials to ABC, you grant ABC an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that ABC is free to use any ideas, concepts or know-how that you for individuals acting on your behalf provide to ABC. You further acknowledge that ABC does not want you to, and you warrant that you shall not, provide any information or materials that is defamatory, threatening, obscene, harassing or otherwise unlawful, or that incorporates the confidential or proprietary material of another.
No Representations, Legal Compliance
ABC makes no representation that content or materials in the ABC website are appropriate or available for use in any particular country or jurisdiction. You agree to refrain from access to Content on the ABC website from jurisdictions where such access is illegal or prohibited. If you choose to access this site from any jurisdiction, you do so on your own initiative and are responsible for compliance with applicable local laws and regulations. Any claims relating to the ABC website and the Content shall be governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning this Agreement or the parties’ obligations shall be brought exclusively in a court in the Province of Ontario.
No Warranties; Limitations of Damages
The Content is provided by ABC “AS-IS” and without warranties of any kind, either express or implied. TO THE EXTENT ANY ACCESS OR USE OF THE ABC WEBSITE CONSTITUTES A SALE OR EXCHANGE OF GOODS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL ABC OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF ABC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ABC claims the copyright interest in the compilation in all the Content. The laws of Canada and all other signatories to the Berne Convention protect the copyright owner from infringement and you represent that you have read, understand and agree to the Copyright Act, Canada (R.S.C., 1985, c. C-42) and such other applicable laws and regulations of other countries and you will not violate them in your access and use of the ABC website and that you will indemnify and hold ABC harmless.
Please note that ABC Group is the name and mark of ABC Group Inc. and may not be used without ABC’s express written permission.
ABC Group Inc. All Rights Reserved.