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TERMS AND CONDITIONS OF USE
Last Update: January 4, 2008
Please read the Terms and Conditions carefully before using this web site
1.Terms and Conditions of Use of Site
Your use of this web site (the "Site") is conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By visiting or using this Site, you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the Terms and Conditions for each use of and each visit to this Site. If you do not agree to abide by the Terms and Conditions, you are not permitted to use this Site. You agree to have the Terms and Conditions and any related information made available to you, and to otherwise have communications between you and us occur, electronically.
Soheil Mosun Limited ("Mosun") may at any time, in its sole discretion, modify any portion of the Terms and Conditions by updating this posting and changing the "Last Update" notice at the top of this document. Changes will be effective immediately upon posting. It is your responsibility to check the Terms and Conditions regularly to determine whether any changes have been made. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site after any such changes are posted will constitute acceptance of those changes. The Terms and Conditions apply exclusively to your use of this Site and do not alter the terms or conditions of any other agreement you may have with Mosun.
Mosun may at any time, in its sole discretion, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site without notice or liability. Mosun reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.
2. Limited License
Subject to the terms set out in the Terms and Conditions, you are granted a Canadian, non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display on your computer, print and download and use the Content of this Site for informational purposes only and solely for your own personal or internal company use. You must include with any display or copy of the Content its copyright notice (that is, the line at the bottom of this page). No other use is permitted. Except as provided in the Terms and Conditions, no other rights are expressly or impliedly granted to you. For example, you may not: (a) resell any Content; (b) include any Content in or with any product that you create or distribute; (c) copy any Content onto your own or any other web site; (d) attempt to alter or otherwise affect the Content; or (e) use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through this Site.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws, regulations and rules that apply or may apply to your use of or activities on this Site or in respect of the Content. Mosun reserves the right at all times to disclose any information regarding your usage of the Site as necessary to satisfy any law, regulation or governmental request.
3. Proprietary Rights
The information, data, text, images, interfaces, music, videos and other content forming part of this Site (collectively, the "Content"), the selection, compilation and arrangement thereof, and all related software, are protected by Canadian and worldwide copyright and other intellectual property laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the Content or the software by any person may be a violation of copyright and/or trade-mark laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site, including without limitation "Mosun", constitute trade-marks, service marks, trade names, trade dress and associated products and services of Mosun or its affiliates (the "Marks"), and are protected in Canada and internationally and their display on this Site does not convey or create any licence or other rights in the Marks. Any use of any of same, in whole or in part, without prior written authorization of Mosun is strictly prohibited.
4. Linked Sites
Certain links on this Site may take you to other web sites. Mosun provides these links only as a convenience. Mosun is not responsible for the content of any such linked pages. Mosun makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. If you use these web sites, you will leave this Site. If you decide to visit any linked web site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
Mosun prohibits any linking to this Site. You may not provide a link to this Site without the express prior written consent of Mosun, which consent may be withheld for any reason whatsoever.
Any personal information, which Mosun collects via this Site, is subject to the Mosun privacypolicy, as it may exist from time to time, which is incorporated by reference into the Terms and Conditions.
6. User Communications
Any non-identifiable information gathered by Mosun through your use of the Site may be used by Mosun for its own marketing, promotional and product development purposes and more specifically may be stored in a database and used by Mosun to identify, customize and personalize user access, and assess utilization of the Site. Such information may be shared among Mosun, its affiliates, suppliers, licensors and clients in furtherance of the forgoing purposes.
Mosun makes reasonable efforts to ensure that the Content is accurate at the time it is posted on the Site. However, Mosun makes no representation or warranty, and there are no conditions, of any kind regarding the Site or the Content, including without limitation any representation, warranty or condition regarding the accuracy, reliability, currency, or completeness of the Content.
You acknowledge and agree that the Site (including without limitation the Content) is provided on an "AS IS" basis; and that any use of or reliance on the Site shall be at your sole risk. MOSUN AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FOR GREATER CERTAINTY, MOSUN DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.
8. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL MOSUN OR ANY OF ITS AFFILIATES HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SITE, THE CONTENT, ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES, EVEN IF MOSUN OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
9. Choice of Law
By accessing this Site, you agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
The Terms and Conditions constitute the entire agreement between Mosun and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between Mosun or its affiliates and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. Mosun's failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y attachent soient rédigés en langue anglaise.