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Acceptable
Use |
| ACCEPTANCE OF TERMS THROUGH USE |
By using this site, you signify your agreement to all
terms, conditions, and notices contained or referenced herein (the
"Terms of Use"). If you do not agree to these Terms of Use
please do not use this site. We reserve the right, at our discretion,
to update or revise these Terms of Use. Please check the Terms periodically
for changes. Your continued use of this site following the posting
of any changes to the Terms of Use constitutes acceptance of those
changes. |
| AGREEMENT TO RULES OF USER CONDUCT |
You agree to abide by On-Track ISP's Rules of User Conduct, including
but not limited to, agreeing not to use this site for any unlawful
purpose. |
| RULES OF USER CONDUCT |
By posting information in or otherwise using any communications
service, chat room, message board, newsgroup, software library,
or other interactive service that may be available to you on or
through this site, you agree that you will not upload, post, or
otherwise distribute or facilitate distribution of any content --
including text, communications, software, images, sounds, data,
or other information -- that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, tortious,
contains explicit or graphic descriptions or accounts of sexual
acts (including but not limited to sexual language of a violent
or threatening nature directed at another individual or group
of individuals), or otherwise violates On-Track's ISP rules or
policies;
- victimizes, harasses, degrades, or intimidates an individual
or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or
bulk e-mail (also known as "spamming"), chain letters,
any other form of unauthorized solicitation, or any form of lottery
or gambling;
- contains software viruses or any other computer code, files,
or programs that are designed or intended to disrupt, damage,
or limit the functioning of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized access to any data
or other information of any third party; or
- impersonates any person or entity, including any employee or
representative of On-Track's ISP.
You also agree that you will not harvest or collect information
about the users or members of this site or use such information
for the purpose of transmitting or facilitating transmission of
unsolicited bulk electronic e-mail or communications.
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| THIRD PARTY SITES |
This site may produce automated search results or otherwise link
you to other sites on the Internet. These sites may contain information
or material that some people may find inappropriate or offensive.
These other sites are not under the control of On-Track's ISP, and
you acknowledge that On-Track's ISP is not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect of the
content of such sites. The inclusion of such a link does not imply
endorsement of the site by On-Track's ISP or any association with
its operators. |
| PROPRIETARY RIGHTS |
You acknowledge and agree that all content and materials available
on this site are protected by copyrights, trademarks, service marks,
patents, trade secrets, or other proprietary rights and laws. Except
as expressly authorized by On-Track's ISP, you agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit, or create derivative
works from such materials or content. Notwithstanding the above, you
may print or download one copy of the materials or content on this
site on any single computer for your personal, non-commercial use,
provided you keep intact all copyright and other proprietary notices.
Systematic retrieval of data or other content from this site to create
or compile, directly or indirectly, a collection, compilation, database
or directory without written permission from On-Track's ISP is prohibited.
In addition, use of the content or materials for any purpose not expressly
permitted in these Terms of Use is prohibited. |
| USER'S GRANT OF LIMITED LICENSE |
By posting or submitting content to this site, you:
- grant On-Track's ISP and its affiliates and licensees the right
to use, reproduce, display, perform, adapt, modify, distribute,
have distributed, and promote the content in any form, anywhere
and for any purpose; and
- warrant and represent that you own or otherwise control all
of the rights to the content and that public posting and use of
your content by On-Track's ISP will not infringe or violate the
rights of any third party.
|
| PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT |
If you believe that your work has been copied and is accessible
on this site in a way that constitutes copyright infringement, you
may notify On-Track's ISP. Click here for instructions. |
| DISCLAIMER OF WARRANTIES |
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED
"AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT
IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. On-Track's ISP,
ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT
IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE
AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL
BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY NOT APPLY TO YOU. |
| LIMITATION OF LIABILITY |
UNDER NO CIRCUMSTANCES SHALL ON-TRACK'S ISP, ITS SUBSIDIARIES, OR
ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR
INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR ANY OTHER BASIS, EVEN IF FRY'S ISP HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FRY'S ISP'S
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED
BY LAW. |
| INDEMNIFICATION |
Upon a request by On-Track's ISP, you agree to defend, indemnify,
and hold harmless On-Track's ISP and its subsidiary and other affiliated
companies, and their employees, contractors, officers, and directors
from all liabilities, claims, and expenses, including attorney's fees,
that arise from your use or misuse of this site. On-Track's ISP reserves
the right, at it own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you,
in which event you will cooperate with On-Track's ISP in asserting
any available defenses |
| INTERNATIONAL USE |
On-Track's ISP makes no representation that materials on this site
are appropriate or available for use in locations outside the Canada,
and accessing them from territories where their contents are illegal
is prohibited. Those who choose to access this site from other locations
do so on their own initiative and are responsible for compliance with
local laws. |
| CHOICE OF LAW AND FORUM |
These Terms of Use shall be governed by and construed in accordance
with the laws of the Province of British Columbia, excluding its conflicts
of law rules. You expressly agree that the exclusive jurisdiction
for any claim or action arising out of or relating to these Terms
of Use or your use of this site shall be filed only in the state or
federal courts located in the Province of British Columbia, and you
further agree and submit to the exercise of personal jurisdiction
of such courts for the purpose of litigating any such claim or action.
|
| SEVERABILITY AND INTEGRATION |
Unless otherwise specified herein, this agreement constitutes the
entire agreement between you and On-Track's ISP with respect to this
site and supersedes all prior or contemporaneous communications and
proposals (whether oral, written, or electronic) between you and On-Track's
ISP with respect to this site. If any part of these Terms of Use is
held invalid or unenforceable, that portion shall be construed in
a manner consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining portions
shall remain in full force and effect. |
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