|PLEASE READ CAREFULLY BEFORE USING THIS WEB SITE.|
Welcome to the Advance Devices Co. ('Advance Devices') web site,
www.advancedevices.com (the 'Site'). Advance Devices provides access to the
Site to the public as a convenience. However, all visitors to the Site are
subject to and agree to comply with the following terms and conditions of use
below (the 'Terms'). By accessing any areas of the Site, You agree to be bound
by Terms. If You do not agree to all of the Terms, please do not use this site.
These Terms are a legal agreement between you ('You' or 'Your') and Advance
Devices Devices, Inc. that governs Your use of the Site.
Advance Devices may from time to time change the Terms by updating this web
page. Your use of our Site following any such change constitutes Your agreement
to follow and be bound by the Terms as changed. If any change is unacceptable to
You, Your only recourse is to terminate Your use of the Site. Advance Devices
may also change, move or delete portions of, or may add to, our Site at any time
from time to time.
Copyright and Trademark Notice.
This Site and the
entire contents of this Site, including but not limited to, text, photographs,
graphics, illustrations, software, video, sound and all other material (all such
content collectively referred to as 'Content') are protected under United States
and international copyright or trademark laws and are the property of Advance
Devices or its third party licensors. All rights reserved. All logos, splash
screens, page headers, custom graphics and button icons displayed on this Site
are service marks, trademarks, and/or trade dress (collectively, 'Marks') of
Advance Devices or its third party licensors. Except as specifically permitted
herein, copying, distributing, transmitting, displaying, modifying, or otherwise
using any Content or any Marks in any form or by any means without the express
written permission of Advance Devices is prohibited and may violate the
copyright or trademark laws of the United States and/or other countries.
The Site and its
Content are intended solely for personal, noncommercial use by the users of our
Site. You may download or copy the Content displayed on the Site for the sole
purpose of using the Site as a personal resource. No right, title or interest in
any downloaded materials or software is transferred to You as a result of any
such downloading or copying. You may not reproduce (except as noted above),
publish, transmit, distribute, display, modify, create derivative works from,
sell or participate in any sale of, or exploit in any way, in whole or in part,
any of the Content, the Site, or any related software. Notwithstanding the
foregoing, there may be certain locations on the Site that permit You to
download and use certain Content. All use of such Content will be subject to the
terms and conditions of applicable agreement.
Use of Downloadable Software.
Any software that may be downloaded from this Site is licensed
subject to the terms of the applicable license agreement. Except for rights
granted pursuant to such license agreement, Advance Devices and its licensors
reserve all intellectual property rights, title and interest in such software.
Partner and other Third Party Descriptions.
This Site contains information concerning various third parties
(often referred to as "partners") who offer products or services compatible with
Advance Devices products. This information is provided for your convenience
only. Advance Devices is not responsible for and does not warrant any third
party product or service or the accuracy of any description.
We appreciate Your
comments, remarks, feedback, suggestions, ideas and other submissions You
disclose or transmit to us (collectively, "Comments"). You grant Advance Devices
and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and
license to use, reproduce, modify, adapt, publish, translate, create derivative
works of, distribute, publicly perform and publicly display (in whole or in
part) Your Comments, Your name and any related copyrights, moral rights or other
intellectual property rights. You acknowledge and agree that (a) Advance Devices
is not obligated to keep the Comments confidential, (b) Advance Devices is not
obligated to compensate You or anyone else for Your Comments, (c) Advance
Devices shall solely own all right, title and interest in and to the Comments,
(d) Advance Devices shall not be limited in any way in its use of any Comments
and (e) You are solely responsible for any Comments You make.
It is our policy
to respect the privacy of individuals who visit the Site, provide Comments to us
incorporated herein by reference. By accepting these Terms, You expressly
consent to the use and disclosure of Your personally identifiable and other
may provide access to user forums on the Site (each, a "Forum"). By viewing,
downloading, installing, copying, or otherwise using or accessing the Forum, You
agree to be bound by the terms of Advance Devices's Forum Agreement.
This Site may
contain links to other web sites ("Linked Sites"). Advance Devices does not
operate or control any information, products or services on the Linked Sites,
and neither endorses nor approves any products, services or information offered
at Linked Sites. You acknowledge and agree that Your access or use of any Linked
Site is at Your own risk. Advance Devices may also provide access to certain
discussion groups through this Site as a service to You. Discussion groups, by
their nature, may contain offensive, harmful, deceptive, misleading, inaccurate
or otherwise inappropriate material, and You acknowledge and agree that Advance
Devices shall not have any responsibility or liability for the content of any
discussion group, or articles contained therein, that may be accessed through
THIS SITE AND ITS
CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND. ADVANCE DEVICES EXPRESSLY DISCLAIMS
ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY IMPLIED
WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. Advance
Devices DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE,
UNINTERRUPTED, SECURE OR ERROR FREE OR THAT THE SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION IS
SUBJECT TO CHANGE WITHOUT NOTICE. Advance Devices MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WITH RESPECT TO ANY TRANSACTIONS ENTERED INTO THROUGH
THIS SITE, AND Advance Devices SHALL NOT BE DEEMED TO BE A PARTY, DIRECTLY OR
INDIRECTLY, TO ANY SUCH TRANSACTION. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE,
THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL
RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS
OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT
ADVANCE DEVICES AND ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES SHALL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Limitation of Liability.
IN NO EVENT SHALL ADVANCE DEVICES BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOST PROFITS OR LOST DATA) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY
TO USE THIS SITE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE,
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS SITE OR UNAUTHORIZED
ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS OR DATA, EVEN IF Advance
Devices HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY
OF ADVANCE DEVICES TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIM ARISING FROM OR
RELATING TO THESE TERMS OR USE OF THIS SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS
In the event that
Advance Devices determines, in its sole discretion, that You have breached any
of the Terms, or have otherwise engaged in inappropriate conduct, Advance
Devices may, in addition to any other remedies that may be available, (a) warn
You of the violation via e-mail; (b) delete any Content provided by You or Your
agents; (c) terminate Your use of the Site; (d) notify and fully cooperate with
the proper law enforcement authorities for further action; or (e) take any other
action which Advance Devices deems to be appropriate.
These Terms are effective unless and until terminated by Advance Devices.
Advance Devices may terminate all or part of its Site at any time without notice
to You. Upon any termination of these Terms or the Site, You must promptly
destroy all materials downloaded or otherwise obtained from this Site, as well
as all copies of such materials.
These Terms shall be governed by and construed in accordance with the laws of
the Province Of Ontario, Canada, without giving effect to principles of conflict
of laws. All actions brought under these Terms shall be in and You hereby submit
to the jurisdiction of and venue of Richmond Hill, Ontario, Canada. Headings in
these Terms are provided as a courtesy. If any provision in these Terms is held
to be invalid or unenforceable for any reason, the remaining provisions will
continue in full force without being impaired or invalidated in any way. The
parties agree to replace any invalid provision with a valid provision which most
closely approximates the intent and economic effect of the invalid provision.
The waiver of a breach of any provision of these Terms will not operate or be
interpreted as a waiver of any other or subsequent breach. These Terms sets
forth the entire understanding and agreement of the Advance Devices and You, and
supersedes any and all oral or written agreements or understandings between
Advance Devices and You, as to the subject matter of these Terms.