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Terms of Use Agreement (workplaceinjurytechnology.com Website Use Agreement
- January 1, 2003)
Please read
this agreement carefully. It governs your use of the WORKPLACEINJURYTECHNOLOGY.COM
Web site and the services and goods provided through the web site
(collectively the "web site"). It exempts WORKPLACEINJURYTECHNOLOGY.COM
and other persons from liability or limits their liability and contains
other important provisions that you should read. Each time you use
the web site, you acknowledge and signify that you have read, understood,
and agreed to be bound by this agreement. If you do not agree with
each provision of this agreement each time you use the web site, you
may not use the web site. Each time you use the web site, the text
of this agreement as it then reads will govern your use. Accordingly,
when you use the web site you should check the date of this agreement
and review any changes since the last version.
This Agreement contains the following provisions:
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- Personal Information Privacy
- Trade-mark Information
- Transaction Agreements
- Software Agreements
- Governing Law and Dispute Resolution
- Other Matters
| 1. |
YOUR ACCEPTANCE OF THIS AGREEMENT |
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This is an agreement between you and WORKPLACE
INJURY TECHNOLOGY owner of the "workplaceinjurytechnology.com",
and governs your use of the WORKPLACEINJURYTECHNOLOGY.COM
web site and its content and the services and goods provided through
the Web site (collectively the "Web Site"). Each time you use
the Web Site you signify your acceptance and agreement, and the
acceptance and agreement of any person you purport to represent
(and for purposes of this Agreement, "person" includes any type
of incorporated or unincorporated entity), without limitation
or qualification, to be bound by this Agreement, and you represent
and warrant that you have the legal authority to agree to and
accept this Agreement on behalf of yourself and any person you
purport to represent. If you do not agree with each provision
of this Agreement, or you are not authorized to agree to and accept
this Agreement, or you do not have the legal authority to agree
to and accept this Agreement, you may not use the Web Site.
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| 2. |
CHANGES TO THIS AGREEMENT |
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You may not change, supplement, or amend
this Agreement in any manner. WORKPLACEINJURYTECHNOLOGY.COM
may, in its sole discretion, change, supplement or amend this
Agreement as it relates to your future use of the Web Site from
time to time, for any reason, and without any notice or liability
to you or any other person, by posting a revised Agreement on
the Web Site.
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| 3. |
PERMITTED USERS AND ACCESS |
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The Web Site may be used only by persons resident
in Canada who have reached the age of majority or legal age in
their jurisdictions and who can form legally binding contracts
under applicable law. The Web Site may not be used by persons
in jurisdictions where access to or use of the Web Site or any
part of it may be illegal or prohibited. It is solely your responsibility
to determine whether your use of the Web Site is lawful, and you
must comply with all applicable laws.
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| 4. |
MISPRINTS AND ERRORS, PRODUCT AVAILABILITY,
PRICES AND ORDERS |
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WORKPLACEINJURYTECHNOLOGY.COM
endeavours to provide current and accurate information on the
Web Site. Nevertheless, misprints or other errors may occur.
Accordingly, WORKPLACEINJURYTECHNOLOGY.COM
reserves the right to change the prices, fees and charges
regarding the goods and services available through the Web Site
at any time and from time to time without any notice or liability
to you or any other person. Also, WORKPLACEINJURYTECHNOLOGY.COM
cannot guarantee that goods or services advertised on the Web
Site will be available when ordered or thereafter. WORKPLACEINJURYTECHNOLOGY.COM
also reserves the right at any time to reject, correct, cancel
or terminate any order. If you order goods or services for which
the price was incorrectly displayed, WORKPLACEINJURYTECHNOLOGY.COM
will provide you with an opportunity to cancel your order.
If you order goods or services that are not available, WORKPLACEINJURYTECHNOLOGY.COM
will notify you by email. WORKPLACEINJURYTECHNOLOGY.COM
reserves the right to limit quantities licensed or sold.
The advertisements on the Web Site are invitations
for purchase orders, and are not offers to sell. Your properly
completed and delivered order form constitutes your offer to
purchase the goods or services referenced in your order. Your
order shall be deemed to be accepted only if and when workplaceinjurytechnology.com
sends an order acceptance and shipping notice email to your
email address. If you wish to cancel
an order, you may request a cancellation by sending an email
to sales@neercad.com.
However, WORKPLACEINJURYTECHNOLOGY.COM
may not receive and process your cancellation request
before it accepts and processes your order, in which case your
cancellation request may not be effective.
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| 5. |
NO ADVICE OR SOLICITATION |
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The web site is for convenience and informational
purposes only. The web site is not intended to be a comprehensive
or detailed statement concerning the matters addressed; advice
or recommendations; or an offer to sell or buy any product or
service. You should seek professional advice and recommendations
before acting or omitting to act based upon any information provided
on or though the web site.
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| 6. |
DISCLAIMER, LIABILITY EXCLUSION, LIABILITY
LIMITATION, RELEASE AND INDEMNITY |
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WORKPLACEINJURYTECHNOLOGY.COM
strives to make your use of the
Web Site a useful and enjoyable experience, and a safe and easy
way to purchase goods over the Internet. Nevertheless, WORKPLACEINJURYTECHNOLOGY.COM
and its service providers (the "Providers") do not accept
any liability for your use of the Web Site. For that reason, the
following provisions apply to your use of the Web Site:
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DISCLAIMER
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. |
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- The web site is provided on an "as
is" and "as available" basis, and without
any representations, warranties or conditions of any kind,
whether express or implied, and including without limitation
implied warranties of merchantability, fitness for a particular
purpose, performance or durability, all of which are hereby
disclaimed by WORKPLACEINJURYTECHNOLOGY.COM
and the providers to the fullest extent permitted
by law.
- You (and not WORKPLACEINJURYTECHNOLOGY.COM
or the providers) assume the entire cost of all necessary
servicing, repair or correction to any computer or other
equipment arising from, connected with, or relating to your
use of the web site.
- The operation of the web site may be
affected by numerous factors beyond WORKPLACEINJURYTECHNOLOGY.COM's
control. The operation of the web site may not be continuous
or uninterrupted or secure. Security and privacy risks cannot
be eliminated.
- WORKPLACEINJURYTECHNOLOGY.COM
is under no obligation to verify the identity of
users of the web site.
- Through your use of the web site, you
may have the opportunity to engage in commercial transactions
with other persons. All such transactions are at your own
risk. WORKPLACEINJURYTECHNOLOGY.COM
is not a party to any such transactions and disclaims
any and all liability regarding all such transactions.
- Without limiting the generality of the
foregoing, WORKPLACEINJURYTECHNOLOGY.COM
and its providers make no representation, warranty
or condition that:
- The web site will be compatible with
your computer and related equipment and software;
- The web site will be available or will
function without interruption or will be free of errors
or that any errors will be corrected;
- The information available on or through
the web site will be accurate, complete, sequential, or
timely;
- Certain or any results may be obtained
through the use of the web site;
- The use of the web site, including
the browsing and downloading of any information, will
be free of viruses, trojan horses, worms or other destructive
or disruptive components; or
- The use of the web site will not infringe
the rights (including intellectual property rights) of
any person;
- And WORKPLACEINJURYTECHNOLOGY.COM
and its providers disclaim any and all liability
regarding such matters to the fullest extent permitted
by law.
- LIABILITY EXCLUSION
- WORKPLACEINJURYTECHNOLOGY.COM
and its providers will not under any circumstances be
liable to you or any other person for any loss of use,
loss of production, loss of income or profits (anticipated
or otherwise), loss of markets, economic loss, special,
indirect or consequential loss or damage or punitive damages,
whether in contract, tort or under any other theory of
law or equity, arising from, connected with, or relating
to the use of the web site by you or any other person,
and regardless of any negligence or other fault or wrongdoing
by WORKPLACEINJURYTECHNOLOGY.COM
or any provider or any person for whom WORKPLACEINJURYTECHNOLOGY.COM
or its providers are responsible, and notwithstanding
that WORKPLACEINJURYTECHNOLOGY.COM
or its providers may have been advised of the possibility
of such loss or damages being incurred by you or any other
person.
- LIABILITY LIMITATION
- In no event will
WORKPLACEINJURYTECHNOLOGY.COM's
or any of its providers' total liability to you or any
other person for any claims, proceedings, liabilities,
obligations, damages, losses, and costs, whether in contract,
tort or under any other theory of law or equity, and regardless
of any negligence or other fault or wrongdoing by WORKPLACEINJURYTECHNOLOGY.COM
or any person for whom WORKPLACEINJURYTECHNOLOGY.COM
is responsible, exceed $25 (cdn) or the amount
you paid to WORKPLACEINJURYTECHNOLOGY.COM
for the use of the web site, whichever is less.
- RELEASE
- You hereby release, remise and forever
discharge each of WORKPLACEINJURYTECHNOLOGY.COM
and all other related, associated, or connected
persons from any and all manner of rights, claims, complaints,
demands, causes of action, proceedings, liabilities, obligations,
legal fees, costs, and disbursements of any nature and
kind whatsoever and howsoever arising, whether known or
unknown, which now or hereafter exist, which arise from,
relate to, or are connected with your use of the web site.
- INDEMNITY
- You agree to indemnify, defend and hold
harmless each of WORKPLACEINJURYTECHNOLOGY.COM
and all other related, associated, or connected persons
(collectively, the "indemnified parties") from
and against any and all liabilities, expenses and costs,
including without limitation reasonable legal fees and expenses,
incurred by the indemnified parties in connection with any
claim or demand arising out of, related to, or connected
with your use of the web site or your breach of this Agreement.
You will assist and co-operate as fully as reasonably required
by the indemnified parties in the defence of any such claim
or demand.
- Advice and information provided by WORKPLACEINJURYTECHNOLOGY.COM
or its representatives, whether oral or written,
will not create any representation, warranty or condition
or vary or amend this Agreement, including the above disclaimer,
liability exclusion, liability limitation, release and indemnity
provisions, and you may not rely upon any such advice or
information.
- The exclusion of certain warranties and
the limitation of certain liabilities is prohibited by legislation
in some jurisdictions. Such legislative limitations may
apply to you.
- The disclaimer, liability exclusion,
liability limitation, release, and indemnity provisions
in this Agreement survive indefinitely after the termination
of this Agreement
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| 7. |
TERMINATION OF THIS AGREEMENT AND THE WEB
SITE |
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- If you breach any provision of this Agreement,
you may no longer use the Web Site.
- WORKPLACEINJURYTECHNOLOGY.COM
may, in its sole discretion,
change, suspend or terminate, temporarily or permanently,
the Web Site or any part of it or any of its features at any
time, for any reason, without any notice or liability to you
or any other person.
- WORKPLACEINJURYTECHNOLOGY.COM
may at any time and for any
reason, with or without cause, and in its sole discretion,
immediately suspend or terminate (in whole or in part) your
permission to use the Web Site, all without any notice or
liability to you or any other person.
- If this Agreement or your permission to
use the Web Site is terminated by you or WORKPLACEINJURYTECHNOLOGY.COM
for any reason, this Agreement will nevertheless continue
to apply and be binding upon you in respect of your prior
use of the Web Site and your purchases of goods and services
through the Web Site and anything connected with, relating
to or arising from those matters.
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| 8. |
INFORMATION SUBMISSIONS |
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- All information you provide through the
Web Site, including registration information (name and email
address), payment information (credit card numbers and expiration
dates), and transaction-related information, must be true,
accurate, current and complete. You must also provide WORKPLACEINJURYTECHNOLOGY.COM
with updated registration information and payment information
within 30 days of any changes.
- WORKPLACEINJURYTECHNOLOGY.COM
will rely on the information
you provide. You will be solely responsible and liable for
any and all loss, damage, and additional costs that you, WORKPLACEINJURYTECHNOLOGY.COM
or any other person may incur as a result of your submission
of any false, incorrect or incomplete information or your
failure to update your registration information and payment
information within 30 days of any change. WORKPLACEINJURYTECHNOLOGY.COM
may require a copy of a government-issued form of identification
before making any changes to your registration information.
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| 9. |
OWNERSHIP AND PERMITTED USE OF THE WEB SITE |
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- The Web Site and all information (in text,
graphical and video forms), images, icons, software, design,
applications and other elements available on or through the
Web Site are the property of WORKPLACEINJURYTECHNOLOGY.COM,
its Providers and others, and are protected by Canadian and
international copyright, trade-mark, and other laws. Your
use of the Web Site does not transfer to you any ownership
or other rights in the Web Site or its content. You may only
use the Web Site in the manner described specifically in this
Agreement.
- The Web Site may not be used for any purpose
not expressly permitted by this Agreement. In particular,
except as expressly stated otherwise in this Agreement, the
Web Site may not be copied, imitated, reproduced, republished,
uploaded, posted, transmitted, modified, indexed, catalogued,
or distributed in any way, in whole or in part, without the
express prior written consent of WORKPLACEINJURYTECHNOLOGY.COM.
You may not use any of the software that is used in the operation
of the Web Site except while you are using the Web Site. You
may not reproduce, copy, duplicate, sell, or resell any part
of the Web Site (including the software used in the operation
of the Web Site) or access to the Web Site.
- The Web Site is made available to you for
your lawful use only. You may access and browse the Web Site
using commercially available, SSL-capable Web browser software.
You may print or download the pages of the Web Site for your
personal use provided that you do not modify any of the Web
Site pages or other content and you do not remove or alter
any visible or non-visible identification, marks, notices,
or disclaimers.
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| 10. |
PERSONAL INFORMATION PRIVACY |
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- WORKPLACEINJURYTECHNOLOGY.COM
collects, uses, and discloses
your personal information in accordance with the Privacy Policy,
which is available
here. WORKPLACEINJURYTECHNOLOGY.COM
may change the Privacy Policy from time to time in
its sole discretion. By accepting this Agreement, and each
time you use the Web Site, you consent to WORKPLACEINJURYTECHNOLOGY.COM's
collection, use and disclosure of your personal information
in accordance with the Privacy Policy as it then exists without
any further notice or any liability to you or any other person.
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| 11. |
TRADE-MARK INFORMATION |
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- The following
guidelines are provided for the use of certain copyrighted
materials, such as images, box shots, screen shots, and text;
and for the use of certain trademarked materials, such as
logos, marks, and icons. These materials are owned by WORKPLACEINJURYTECHNOLOGY.COM
and provided under license. To use such materials,
you must first agree to the following license terms:
- The materials available for download
on this site are subject to these license terms, as well
as any specific guidelines contained herein. If you download
any materials from this site, you agree to be bound by these
license terms as well as the specific guidelines related
to the materials you wish to download.
- You may not sell, alter, modify, license,
sublicense, copy, or use the materials in any way other
than has been specifically authorized by WORKPLACEINJURYTECHNOLOGY.COM.
in the permissions and trademark guidelines described herein.
- You acknowledge that WORKPLACEINJURYTECHNOLOGY.COM
reserves the right to revoke the authorization to
view, download, and print the materials available on this
site at any time, and for any reason; and such authorization
shall be deemed to be discontinued immediately upon the
removal of these materials from the site.
- You acknowledge that any rights granted
to you constitute a license and not a transfer of title.
You do not obtain any ownership right, title, or other interest
in WORKPLACEINJURYTECHNOLOGY.COM copyrighted
materials or trademarks by downloading, copying, or otherwise
using these materials.
- Any use of the trade-names, trade-marks,
service-marks and logos (collectively "Marks") displayed
on the Web Site, except as expressly provided in this Agreement,
is strictly prohibited. Nothing appearing on the Web Site
or elsewhere shall be construed as granting, by implication,
or otherwise, any licence or right to use any Marks displayed
on the Web Site.
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| 12. |
TRANSACTION AGREEMENTS |
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- All transactions
through the Web Site, including the purchase and sale of goods
and services and the licensing of software, are governed by
this Agreement and any applicable Transaction Agreement. By
participating in a transaction through the Web Site, you signify
your agreement and acceptance of the applicable Transaction
Agreement.
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| 13. |
SOFTWARE AGREEMENTS |
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- WORKPLACEINJURYTECHNOLOGY.COM
may cause software to be available
for you to download from the Web Site. The software is protected
by copyright, and your downloading and use of the software
are governed by the applicable Transaction Agreement and the
End-user Software Licence Agreement specific to the software.
By downloading software, you signify your agreement and acceptance
of the applicable Transaction Agreement and End-user Software
Licence Agreement.
- You acknowledge that any rights granted
to you constitute a license and not a transfer of title. You
do not obtain any ownership right, title, or other interest
in WORKPLACEINJURYTECHNOLOGY.COM
copyrighted materials or trademarks by downloading,
copying, or otherwise using these materials.
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GOVERNING LAW AND DISPUTE RESOLUTION |
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- The Web Site
is controlled by WORKPLACEINJURYTECHNOLOGY.COM
from Hearst, Ontario. This Agreement, your use of the
Web Site, and all related matters are governed solely by the
laws of Ontario, Canada and applicable Federal laws of Canada,
excluding any rules of private international law or the conflict
of laws which would lead to the application of any other laws.
- Any dispute between WORKPLACEINJURYTECHNOLOGY.COM
and you or any other person arising from, connected
with or relating to the Web Site, this Agreement or any related
matters must be resolved before the Courts of Ontario, and
you hereby irrevocably submit and attorney to the original and
exclusive jurisdiction of those Courts in respect of any such
dispute or matter.
- Any claim or cause of action you may have
arising from, connected with, or relating to your use of the
Web Site, this Agreement, or any related matters must be commenced
in a court of competent jurisdiction in the province of Ontario,
Canada within six (6) months after the claim or cause of action
arises, after which time the claim or cause of action is forever
barred, regardless of any statute or law to the contrary.
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OTHER MATTERS |
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- If any provision
of this Agreement is found to be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed
to be severed from the rest of this Agreement and shall not
affect the validity and enforceability of any remaining provisions.
- You may not assign this Agreement or your
rights and obligations under this Agreement without the express
prior written consent of WORKPLACEINJURYTECHNOLOGY.COM
which may be withheld in WORKPLACEINJURYTECHNOLOGY.COM's
sole discretion. WORKPLACEINJURYTECHNOLOGY.COM
may assign this Agreement and its rights and obligations
under this Agreement without your consent.
- No waiver, express or implied, by either
party of any breach of or default under this Agreement will
constitute a continuing waiver of such breach or default or
be deemed to be a waiver of any preceding or subsequent breach
or default.
- You and WORKPLACEINJURYTECHNOLOGY.COM
are independent contractors and no agency, partnership,
joint venture, employment or franchise relationship is intended
or created by this Agreement or your use of the Web Site.
- The parties have expressly requested and
required that this Agreement and all other related documents
be drawn up in the English language. Les parties conviennent
et exigent expressément que ce Contrat et tous les
documents qui s'y rapportent soient rédigés
en anglais.
- Any rights not expressly granted by this
Agreement are reserved to WORKPLACEINJURYTECHNOLOGY.COM.
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This Agreement
is subject to change without notice.
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