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COPYRIGHT AND DISCLAIMER
Please read these terms of use carefully before using this site. By using this site, you signify your assent to these terms. If you
do not agree to these terms, please do not use the site
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by GoMonitor Inc. (referred to as "GoMonitor, GoMonitor.COM," "we," "us" or "our"
herein). You may include a text-based link to any portion of GoMonitor.COM on your home page or Web site.
No material from GoMonitor.COM or any Web site owned, operated, licensed or controlled by GoMonitor may be copied, reproduced, republished, uploaded, posted, transmitted or
distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact
all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of GoMonitor's copyright and other
proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks,
service marks and trade names are proprietary to GoMonitor.
In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software
(collectively, the "Software") are licensed to you by GoMonitor. GoMonitor does not transfer title of the Software to you. You own the medium on which the Software
is recorded, but GoMonitor retains full and complete title of the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse
engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION
You represent and warrant to GoMonitor that you will fully comply with these Conditions of Use. If you choose to post material to any portion of GoMonitor.COM
or to submit any Information to GoMonitor, you further represent and warrant to GoMonitor that such materials are not subject to any copyright, proprietary or intellectual
property rights, or that you have obtained express authorization from the holder of such rights to distribute such materials on GoMonitor.COM. By posting materials to any
portion of GoMonitor.COM, you automatically grant (or warrant that the owner of such rights has expressly granted) GoMonitor a perpetual, royalty-free, irrevocable,
nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, creative derivative works from and distribute such materials or incorporate such
materials into any form, media or technology now known or later developed throughout the universe. In addition, you warrant that all "droit moral" rights in any
such materials have been waived.
You hereby indemnify, defend and hold GoMonitor, its parent and affiliated companies, and all officers, directors, owners, agents, information providers, affiliates,
licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation,
reasonable attorneys fees. You shall use your best efforts to cooperate with GoMonitor in the defense of any claim. GoMonitor reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
JURISDICTIONAL ISSUES
This site is controlled and operated by GoMonitor.COM from its offices within the Province of Ontario, Canada. GoMonitor.COM makes no representation that
materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to Canada export controls.
TERMINATION
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and
all GoMonitor.COM site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement
will terminate immediately without notice from GoMonitor.COM if in GoMonitor.COM's sole discretion you fail to comply with any term or provision of this agreement. Upon
termination, you must destroy all materials obtained from this site and any and all other GoMonitor.COM site(s), and all copies thereof, whether made under the terms of this
agreement or otherwise.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, GoMonitor.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. GoMonitor.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GoMonitor.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT GoMonitor.COM) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT AS A SERVICE TO USERS OF THE GoMonitor.COM SITE, WE INCLUDE LINKS TO OTHER SITES ON THE WORLD WIDE WEB PORTION OF
THE INTERNET AND THAT GoMonitor.COM HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER, REGARDING THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH
SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall GoMonitor.COM be liable for any special or consequential damages that result from the
use of, or the inability to use, the materials in this site or any other site, even if GoMonitor.COM or a GoMonitor.COM-authorized representative has been advised of the
possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or
exclusion may not apply to you. In no event shall GoMonitor.COM's total liability to you for all damages, losses and causes of action (whether in contract, tort--including,
but not limited to--negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
OTHER
This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts
of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and
shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall
not be modified except in writing, signed by both parties.
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