Terms and Conditions

Terms and Conditions

ACCEPTANCE OF TERMS AND CONDITIONS THROUGH USE

Your continued use of the Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. The last revision date for the Terms and Conditions is set forth below.

Last revised: March 4, 2007

CONFORMANCE WITH LAW

You (the User) agree that your use of the Site shall not violate any applicable local, national, or international law, including but not limited to any regulation having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.

MEMBERSHIP

Use of the Site is restricted to entities and individuals that can form legally binding contracts. If you do not meet this requirement, you should immediately discontinue any use of the Site.

International Use

NO SOLICITATION

Any products or services mentioned in the Site are made available in accordance with local law and only where they may be lawfully offered for sale. Some products or services mentioned on the Site may only be available in certain areas or jurisdictions.

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE 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 NON-INFRINGEMENT.

THE OWNER AND ITS AFFILIATES AND LICENSORS DO NOT WARRANT THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOUR USE OF THE 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 THE OWNER OR ITS AFFILIATES AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE OWNER LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

Upon a request by the Owner, you agree to defend, indemnify, and hold harmless the Owner or its affiliates and licensors and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse of the Site. The Owner reserves the right, at its 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 the Owner in asserting any available defenses.

CHOICE OF LAW AND FORUM

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada 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 and Conditions or your use of the Site shall be filed only in the provincial or federal courts located in the Province of Alberta, Canada, 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 the Owner with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Owner with respect to the Site.

If any part of these Terms and Conditions 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.

TERMINATION

The Owner reserves the right, at its sole discretion, to terminate your access to all or part of the Site without cause and without notice.