November 4, 2002
Acceptance of this Legally Binding Agreement
BY ACCESSING, BROWSING OR USING THE GPSCENTRAL.CA WEB SITE AND THE INFORMATION,
MATERIAL, PRODUCTS OR SERVICES PROVIDED THEREIN BY MACH TEN ENTERPRISES
INC. CARRYING ON BUSINESS AS GPS CENTRAL ("GPS CENTRAL"), YOU AGREE TO
BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If you do not agree with the terms and conditions of this Agreement, do
not use or access the gpscentral.ca web site or the information, material,
products or services provided therein. This Agreement is between you and
GPS Central and is effective as at the date of your first access, browse
or use of the gpscentral.ca web site.
agree that GPS Central may change, alter, amend or replace all or any
part of this Agreement at any time, that such changes, alterations, amendments
or replacements shall be effective as of the time of posting. GPS Central
will provide notice on the gpscentral.ca web site of any material changes
made to this Agreement and your continued use of the web site after the
time of posting of such notice will constitute evidence of your acceptance
of the changed, altered, amended or replaced Agreement. You further agree
to regularly review this Agreement for such changes, alterations, amendments
or replacements. If you do not agree with the changed, altered, amended
or replaced Agreement, do not access, browse or use the gpscentral.ca
web site or information, material, products or services provided therein.
GPS Central may contact you from time to time to notify you of any material
changes, alterations, amendments or replacements to all or any part of
this Agreement provided that you have given GPS Central your e-mail address
and agreed that GPS Central may contact you using that e-mail address.
collection, use and disclosure of personal information.
of Content and Intellectual Property Protection
acknowledge and agree that any and all information, material, products
and services, including data, databases, files, graphics, interfaces,
software, text, web pages, company names, product names, trade-marks,
logos and trade names contained on the gpscentral.ca web site (collectively
the "Content"), including the manner in which the Content is presented
or appears and all information relating thereto, are the property of GPS
Central, its licensors or third parties.
found on the gpscentral.ca web site is protected under patent, copyright,
trade-mark, proprietary or other intellectual property laws of Canada
and other applicable jurisdictions, and any unauthorized use of such Content
may violate such laws or this Agreement. Except as expressly provided
herein, no license under any patents, copyright, trade-mark, proprietary
or other intellectual property right is granted or implied by granting
access to the Content.
may be provided by a third party ("Third Party Content"). GPS Central
offers no guarantees and assumes no responsibility or liability of any
type with respect to Third Party Content, including any liability resulting
from incompatibility between Third Party Content and Content provided
by GPS Central. You agree that you will not hold GPS Central responsible
or liable with respect to Third Party Content or seek to do so.
are provided with a limited, personal, non-transferable, non-exclusive
license to access, display, read, download and print one copy of the Content.
Except as otherwise provided herein or in another written agreement with
GPS Central or its licensors, you may access, display, read, download
and print the Content subject to the following conditions:
may use the Content only for personal, informational, non-commercial and
may not bundle, sell, license, sublicense, export, transfer, loan, rent,
lease, assign, share, outsource, host, publish, distribute, part with
possession or make available to any person, the Content, or any part thereof;
may not copy, edit, modify, adapt, create derivative works, translations,
adaptations or arrangements, republish, transmit, merge, reverse engineer,
decompile or disassemble the Content, or any part thereof, nor may you
mirror the Content on any other server;
may not use the Content, or any part thereof, or output therefrom, for
the direct benefit of any third party, nor shall you charge or receive,
either by direct or indirect payment, or by trade of service, compensation,
or fees from any third party, for the use of the Content or output therefrom;
may not alter, remove, or destroy any proprietary markings, or confidentiality
legends, or notices placed on, or contained within, the Content; or
shall not permit, allow or do anything that would infringe or otherwise
prejudice the proprietary rights of GPS Central or its licensors or allow
any third-party to access the Content.
reserves the right to revoke the authorization to access, display, read,
download and print the Content available on the web site at any time and
for any reason, and any such use shall be discontinued immediately upon
notice from GPS Central. The rights granted to you herein constitute a
license and not a transfer of title.
and Use of Information About You
Central may from time to time monitor your use of the gpscentral.ca web
site and collect, store, use and disclose information about you. See our
use and disclosure of information about you. You hereby consent to such
collection, storage, use and disclosure. You may, at any time, request
access to, correct and delete personal information about you stored by
GPS Central by contacting GPS Central toll free in Canada and the United
States at 1-800-585-9331, at 1-403-239-1400 or by e-mail at email@example.com.
Content is provided "as is" without any warranties or conditions of any
kind. You understand and agree that the use of the Content is at your
sole risk. GPS CENTRAL MAKES NO REPRESENTATIONS WITH RESPECT TO ANY
CONTENT, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS
ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND,
EXPRESS AND IMPLIED, REGARDING THE CONTENT, INCLUDING WITHOUT LIMITATION,
ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING ACCURACY,
TIMELINESS, COMPLETENESS, CURRENTNESS, AVAILABILITY, EFFECTIVENESS, NON-INFRINGEMENT
OR OTHER NON-VIOLATION OF RIGHTS, SECURITY, PRIVACY, TITLE, USEFULNESS,
SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
FURTHER, GPS CENTRAL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT
THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) WILL BE SATISFACTORY
TO YOUR NEEDS, MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE,
SECURE OR FREE FROM ERRORS.
Central assumes no responsibility to you or any third party for the consequences
of any inaccuracy, error or omission on the web site, regardless of cause.
GPS CENTRAL, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR
RESPECTIVE AGENTS, EMPLOYEES, DIRECTORS OR OFFICERS, SHALL NOT BE LIABLE
TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF
OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE GPSCENTRAL.CA
WEB SITE OR ANY CONTENT PROVIDED THEREIN, OR ARISING OUT OF OR RELATING
TO THE USE OF ANY WEB SITE LINKED HERETO, INCLUDING, BUT NOT LIMITED TO,
ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE,
EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGE, EVEN IF GPS CENTRAL
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY
GPS CENTRAL TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION,
THERE IS NO GUARANTEE, AND GPS CENTRAL MAKES NO REPRESENTATION OR WARRANTY
THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM OR STORED
ON THE GPSCENTRAL.CA WEB SITE, OR TRANSMITTED OVER THE INTERNET GENERALLY,
WILL BE MAINTAINED CONFIDENTIAL AND SECURE. GPS CENTRAL ASSUMES NO LIABILITY
OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR
OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO GPS
CENTRAL, UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU
AND GPS CENTRAL.
EVENT SHALL GPS CENTRAL, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS,
OR THEIR RESPECTIVE AGENTS, EMPLOYEES, DIRECTORS OR OFFICERS, BE LIABLE
TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF
OR RELATING TO EVENTS BEYOND THE REASONABLE CONTROL OF GPS CENTRAL, INCLUDING
VIRUSES, FAILED OR UNDELIVERED MESSAGES, THE CORRUPTION OF DATA, TRANSMISSION
ERRORS, ANY ACTION OR INACTION OF AN INTERNET SERVICE PROVIDERS, LINKS
TO AND THIRD-PARTY WEB SITES AND THIRD-PARTY CONTENT (INCLUDING PRODUCTS
AND SERVICES), EVEN IF GPS CENTRAL IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.
ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS
AND EMPLOYEES CUMULATIVE TOTAL LIABILITY FOR ANY DAMAGE OR LOSS THAT YOU
MAY SUFFER FROM ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH
OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE
LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO GPS CENTRAL IN THE TWELVE
MONTH PERIOD IMMEDIATELY PRECEDING THE TIME THAT THE DAMAGES OR LOSS FIRST
OCCURRED. YOU ACKNOWLEDGE THAT GPS CENTRAL'S PRICING REFLECTS THIS ALLOCATION
OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT.
You agree to indemnify, defend, and hold Mach Ten Enterprises Inc., its
affiliates, agents, licensors, suppliers, or their respective directors
or employees, harmless against any and all actions, claims, costs, damages,
demands, liabilities, proceedings, expenses or loss of any kind (including
legal and other fees and disbursements) sustained, incurred or paid by
GPS Central arising out of the access to or use of the gpscentral.ca web
site or any Content contained in or on the web site.
You acknowledge and agree that inherent in the procurement, compiling,
collecting, interpreting, reporting, communicating, delivering and inputting
digitally of the Content, there will be a degree of error which cannot
be avoided even with standards of quality control which exceed industry
standards. You further acknowledge that Third Party Content is provided
by third parties and that GPS Central cannot control such content.
You agree that you will not attempt to enter restricted areas of GPS Central's
computer system or perform functions that you are not authorized to perform
pursuant to this Agreement. GPS Central may terminate this Agreement immediately
without notice if it is determined that you have undertaken such unauthorized
activity or if such unusual activity cannot be reasonably explained.
to the Web Site
agree and acknowledge that GPS Central may modify any or all of the gpscentral.ca
web site at any time and that the web site, including without limitation
any sites associated thereto, may periodically be unavailable to you in
order to allow for maintenance and updates.
of this Agreement
This Agreement is effective until terminated by GPS Central, in its sole
and absolute discretion. GPS Central may terminate this Agreement without
notice to you and will do so if you use or attempt to use the web site
or the Content therein in any manner contrary to the terms of this Agreement.
Any such termination by GPS Central shall be in addition to and without
prejudice to such rights and remedies as may be available to GPS Central,
including injunctive relief enjoining such acts or attempts, it being
acknowledged by you that other legal remedies are inadequate.
of Content and Intellectual Property Protection, Collection and Use of
Information About You, Disclaimer of Warranties, Limitation of Liability,
Indemnification, and Termination provisions of this Agreement shall survive
the termination or expiry of this Agreement.
GPS Central is a trade-mark of Mach Ten Enterprises Inc. The trade-marks
and logos ("Marks") displayed on the gpscentral.ca web site are the property
of GPS Central or other third parties. You are not permitted to use the
Marks, including GPS Central, without the prior written consent of GPS
Central or such third party that may own the Marks.
Party Web Sites
site links users to sites not maintained by GPS Central. You are advised
that any use of a linked web site and any use of or reliance upon Third
Party Content (including products and services) available at such sites
is solely at your own risk. In providing links to the other sites, GPS
Central is in no way acting as a publisher or disseminator of the material
contained on those other sites and does not seek to monitor or control
such sites. GPS Central cannot and does not make any representations or
warranties with respect to any Third Party Content (including products
and services) available through these links and disclaims all liability
relating to your use of or reliance upon any Third Party Content (including
products and services) available at or through such sites and disclaims
any opinions expressed on such web sites. Links to other web sites or
references to Third Party Content (including products and services) or
publications other than those of GPS Central do not imply the endorsement
or approval of such web sites, Third Party Content (including products
and services) or publications by GPS Central.
Legal Terms and Conditions
No delay or failure by GPS Central to exercise any right hereunder, and
no partial or single exercise thereof, shall be deemed to constitute a
waiver of such right, or any other rights hereunder. Any consent by GPS
Central to or any waiver of, a breach of any express or implied term of
this Agreement, shall not constitute a consent to, waiver of, or excuse
of any subsequent or other breach of any express or implied term of this
Agreement. No waiver, alteration, or modification by GPS Central of any
of the provisions of this Agreement shall be binding unless in writing
signed by a duly authorized representative of GPS Central against which
enforcement of such waiver, alteration, or modification is sought. If
any term, covenant, or condition of this Agreement, or the application
thereof to any person or circumstance shall, to any extent, be invalid
or unenforceable, the remainder of this Agreement, or the application
of such term, covenant, or condition to persons or circumstances other
than those to which it is held invalid or unenforceable, shall not be
affected thereby, and each term, covenant, or condition of this Agreement
shall be valid, and be enforced to the fullest extent permitted by law.
shall be interpreted and enforced in accordance with the laws of Alberta,
Canada, without regard to the conflict of law principles applicable therein.
Any claims or disputes whatsoever arising hereunder shall be submitted
to the exclusive jurisdiction of the Federal Court of Canada and/or the
courts of the Province of Alberta.
The gpscentral.ca web site can be accessed from countries around the world
and may contain references to Content, including products and services,
that are not available in your country. These references do not imply
that GPS Central intends to market, promote, or distribute such Content,
including products and services, in your country.
web site is controlled, operated, and administered by GPS Central from
its offices within Canada. GPS Central makes no representation that the
web site, or the Content available therein, are appropriate or available
for use at other locations outside Canada, and access to the web site
from countries or territories where the web site or any of its Contents
are illegal is prohibited. If you access the web site from a location
outside Canada, you are responsible for compliance with all local laws.
You may contact Mach Ten Enterprises Inc., toll free in Canada and the
United States at 1-800-585-9331, at 1-403-239-1400 or by e-mail at firstname.lastname@example.org.
©2009 MACH TEN ENTERPRISES INC. All rights reserved. No part of this work
may be reproduced, stored in a retrieval system, or transmitted, in any
form or by any means, electronic, mechanical, photocopying, recording
or otherwise, without the prior written permission of MACH TEN ENTERPRISES
Mach Ten Enterprises Inc.
All rights reserved