Terms and Conditions of the DMBDC Website (Revised February 18, 2004)
 
 
 

This page outlines the "Terms and Conditions" under which you may use the DMBDC website. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this website and service. By using this website, you are indicating that you agree to be bound by the terms of these Terms and Conditions. The Drever Marketing and Business Development Corporation may revise these Terms and Conditions at any time by updating this posting. Please visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this website for any reason.

Use of Material

The Drever Marketing and Business Development Corporation authorizes you to view and download a single copy of the material on the DMBDC website (the "website") for your personal, non-commercial use. The contents of this Website, such as text, graphics, images, logos, button icons, software and other "Material", are protected under both Canadian and foreign copyright, trademark and other laws. All Material is the property of the Drever Marketing and Business Development Corporation or its content suppliers or clients. The collection, arrangement and assembly of all content on this Website is the exclusive property of the Drever Marketing and Business Development Corporation and is protected by Canadian and International copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark 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. You may not use the Material on any other website or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the Drever Marketing and Business Development Corporation creates to generate its pages. It is also protected by the Drever Marketing and Business Development Corporation's copyright.

Acceptable Use of Site General:


Users may not use the Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Website Security Rules.


Users may not violate or attempt to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or 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 Website, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, 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 e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Drever Marketing and Business Development Corporation 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. · Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary) or requires recruitment of others including, but not limited to, members, sub-distributors or sub-agents. · Deleting or revising any material posted by any other person or entity. · Using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this site. · Taking any action that imposes an unreasonable or disproportionately large load on this Website’s infrastructure. · Notwithstanding anything to the contrary contained herein, using or attempting 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 Website other than the search engine and search agents available from the Drever Marketing and Business Development Corporation on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer). · Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website. · Aggregating, copying or duplicating in any manner any of the materials or information available from the Website · Framing of or linking to any of the materials or information available from the Website. We reserve the right to refuse service on the Website, solely at the discretion of DMBDC.

User Submissions

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Website you agree not to, 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 or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. The Drever Marketing and Business Development Corporation does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by 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. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, The Drever Marketing and Business Development Corporation may investigate the allegation and determine, in good faith and its sole discretion, whether to remove or request the removal of the communication. The Drever Marketing and Business Development Corporation has no liability or responsibility to users for performance or non-performance of such activities. The Drever Marketing and Business Development Corporation reserves the right to expel users and prevent their further access to the Website for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Drever Marketing and Business Development Corporation may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for The Drever Marketing and Business Development Corporation or may cause the Drever Marketing and Business Development Corporation to lose (in whole or in part) the services of its ISPs or other suppliers. By submitting content to any public or non-public area of the Website, you grant The Drever Marketing and Business Development Corporation. and its affiliates the royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content. Because user authentication on the Internet is difficult, the Drever Marketing and Business Development Corporation cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release the Drever Marketing and Business Development Corporation (and our agents and employees) from claims, demands and damages (contractual and extra-contractual, actual and consequential, direct and indirect, punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We are under no legal obligation to, and generally do not, control the information provided by other users that is made available through the Website. Please use caution and common sense when using this, or any, Website. The Material may contain inaccuracies or typographical errors. the Drever Marketing and Business Development Corporation makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Material. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.

No Warranties

THE DREVER MARKETING AND BUSINESS DEVELOPMENT CORPORATION DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE DREVER MARKETING AND BUSINESS DEVELOPMENT CORPORATION IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE DREVER MARKETING AND BUSINESS DEVELOPMENT CORPORATION, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE DREVER MARKETING AND BUSINESS DEVELOPMENT CORPORATION MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL THE DREVER MARKETING AND BUSINESS DEVELOPMENT CORPORATION, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER FOR BODILY, MORAL OR MATERIAL INJURY (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACTUAL OR EXTRA-CONTRACTUAL LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DREVER MARKETING AND BUSINESS DEVELOPMENT CORPORATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites

The Website contains links to third party websites that are provided solely as a convenience to you and not as an endorsement by DMBDC. The Drever Marketing and Business Development Corporation 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 Websites. If you decide to access linked third party Websites, you do so at your own risk.

No Resale or Unauthorized Commercial Use

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Website.

Limitation of Liability

The aggregate liability for The Drever Marketing and Business Development Corporation to you for all claims arising from the use of the Materials is limited to $100.

Indemnity

You agree to defend, indemnify, and hold harmless The Drever Marketing and Business Development Corporation., its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees (judicial and extra-judicial), alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. DMBDC 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.

General

DMBDC. makes no claims that the Materials may be lawfully viewed or downloaded outside of Canada. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Website from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed by the laws of the Province of Alberta, Canada, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts having jurisdiction within the judicial district of Calgary, Province of Alberta. If any provision of these Terms and Conditions are 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 these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Website a particular "Legal Notice," or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and The Drever Marketing and Business Development Corporation with respect to the use of Website. No changes to these Terms and Conditions shall be made except by a revised posting on this page. Questions Or Concerns? Please e-mail dmbdc@soon.com

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