End user agreement for b3 thinkclowd
TERMS AND CONDITIONS
1. Copyright, Licenses and Idea Submissions.
The entire contents of the binaryTREE system is protected in virtue of this contract on a planetary basis. The owners of the intellectual property is M:Lemay. Copyrights are M:Lemay & J:Gallant, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE WITHOUT CONSENT of M:Lemay & J:Gallant.
You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to M:Lemay & J:Gallant a non-exclusive, royalty-free, worldwide, sublicensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to M:Lemay & J:Gallant by all means and in any media now known or hereafter developed. You also grant to M:Lemay & J:Gallant the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against M:Lemay & J:Gallant for any alleged or actual infringement or misappropriation of any proprietary right in your communications to binaryTREE.
If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please contact binaryTREE so the situation can be corrected.
binaryTREE and/or any other names of binaryTREE or its Web sites, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of M:Lemay & J:Gallant, including the "look" and "feel" of the Site, binaryTREE's color combinations, layout, and all other graphical elements. Any use of binaryTREE trademarks is strictly prohibited without the express permission from M:Lemay & J:Gallant. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
3. Use of the Product.
You understand that, except for information, products or services clearly identified as being supplied by binaryTREE, binaryTREE does not operate, control or endorse any information, products or services on the Internet in any way. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. BINARY3.NET PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND BINARY3.NET SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
LIMITATION OF LIABILITY
IN NO EVENT WILL M:Lemay & J:Gallant BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF BINARY3.NET OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, M:Lemay & J:Gallant LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You shall be responsible for obtaining and maintaining all telephone, computer hardware, hosting server and other equipment needed for access to and use of the binaryTREE system and all charges related thereto.
You agree to indemnify, defend and hold harmless BINARY3.NET, M:Lemay & J:Gallant and its representatives against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the binaryTREE products.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of M:Lemay & J:Gallant and its representative. Each of these individuals or human beings shall have the right to assert and enforce those provisions directly against you on its own behalf.
Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use of the Product), 5 (Indemnification), 6 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement.
8. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that BINARY3.NET shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
You further acknowledge and agree that BINARY3.NET shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
This Agreement shall be governed and construed in accordance with the common law of the land applicable to agreements made and to be performed on the land. You agree that any legal action or proceeding between M:Lemay & J:Gallant and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting on crown land.
Any cause of action or claim you may have with respect to the product must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. binaryTREE's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
Any rights not expressly granted herein are reserved.
Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of binaryTREE Society. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially.