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Terms of Use
The following Terms of Use
apply to the services, products, resources,
information, content and materials on the Web Site ("Site
Content").
By using the Web Site or Site Contents you accept and
agree to comply with the following Terms of Use.
Your use of
certain resources made available on the Web Site or the conduct
of certain transactions may be subject to certain additional
terms and conditions, which will be made available to you prior
to using such resources or conducting such transactions.
We
reserve the right to modify, alter, update, or remove portions
of these Terms of Use at any time, so please check these Terms
of Use (and our
Privacy Policy)
from time to time. Your continued use of the Web Site signifies your
acceptance of any changed items. If you do not agree with our Terms of
Use, your sole remedy is to discontinue your use of the Web Site. The
failure of Moore Seminars Inc. (MSI) to enforce
these Terms of Use, for whatever reason, shall not be construed
as a waiver of any right to do so at any time.
Community
Conduct
While using the Web Site or Site Contents, you are a part of the
community, and you agree that your use will
respect the rights of other members of the community. In
particular you agree not to:
restrict or inhibit any other user from using the Web Site or
Site Content or from purchasing any products or services sold by
Moore Seminars Inc., ("MSI");
take any action intended to threaten, intimidate or harass
any other user of the Web Site, or which is abusive, illegal,
hateful, sexually or racially or ethnically discriminatory,
otherwise objectionable or harmful;
use the Web Site to send
unsolicited advertising, promotional material, or other forms of
solicitation to other users;
submit, publish, distribute, or transmit through the Web Site
or its e-mail links materials that do not meet the requirements
of these Terms of Use;
impersonate any person or entity or forge anyone else's
digital or manual signature or attempt to gain unauthorized
access to MSI's or any other person's computer, software or
data.
We reserve the right to
prohibit use of the Web Site or the purchase of products and
services from MSI by any user who, in
our sole discretion, violates these Terms of Use. Such a
prohibition may occur without notice to the user. If you believe
another user is violating these terms, you may notify MSI, and
we will work in good faith to resolve any such issues. However,
we have no obligation to monitor the Web Site or Site Content
and are not responsible for the accuracy or reliability of any
Site Content or opinion, advice, or statement made on the Web
Site, or for any defamatory, offensive, or illegal conduct by
any user of the Web Site.
MSI reserves the right to investigate suspected violations of
these Terms of Use, including the gathering of information from
the user or users involved and the complaining party, if any,
and examination of material on MSI's servers and network. You
hereby authorize MSI and its affiliates to
cooperate with:
law enforcement authorities in the investigation of suspected
criminal violations
and system administrators at other Internet service providers
or other network or computing facilities in order to enforce
these Terms of Use.
Such cooperation may
include MSI providing the username, IP
address, or other identifying information.
Submissions to MSI
While participating in the community, you may submit
to MSI resources, links, applets, information, content, software
code, graphics, artwork, templates or other materials
("Submissions") in accordance with the guidelines set forth at
the areas of the Web Site where submissions are accepted. You
hereby grant to MSI a non-exclusive, perpetual, worldwide,
royalty-free license to link to, reproduce, distribute, adapt,
perform, display and create derivative works from your
submissions, and to sublicense any of the foregoing rights. If
your submissions include software source code, the foregoing
license includes the right to analyze, report on, summarize and
display the source code. MSI reserves the right at any time and
without notice to refuse to post or to remove any submission, in
its sole discretion. You agree that your submissions will meet
all of the following requirements for appropriate content, and
make the following representations and warranties to MSI:
You have all rights and has obtained all approvals, consents,
release clearances, licenses and authorizations needed for the
grant of rights and licenses hereunder, and any publication of
your submissions does not violate or conflict with any other
agreement you have made.
Your submissions do not infringe or otherwise violate any
patents, copyrights, trademarks, trade secrets, or any other
proprietary rights of any third party.
Your submissions do not contain any virus, worm, Trojan horse
or other routine intentionally designed to damage or allow
unauthorized access to the Web Site or any content or online
courses on the Web Site, or any other hardware, software or
data.
Your submissions do not include material that may be used in
any attempt to circumvent the user authentication or security of
any host, network, or account, including the documentation and
tutorials on tools designed for compromising security, such as
password guessing programs, cracking tools, packet sniffers or
network probing tools.
Your submissions:
do not constitute or encourage a criminal or civil offence or
unethical activity and do not otherwise give rise to liability;
comply with all applicable laws, rules and regulations;
do not contain any false, misleading,
libellous or defamatory
statements;
do not constitute an invasion of the rights of privacy or
publicity of any third party libellous;
are not obscene, pornographic, threatening, sexually or
racially or ethnically discriminatory, or otherwise
objectionable or harmful
Disclaimers and Warranties
MSI warrants that it will comply with respect to any products or
services purchased from MSI, but makes no other representations
or warranties whatsoever with respect to the products or
services of third parties. Except for these limited warranties,
the Web Site and Site Content are provided on an "as is" and "as
available" basis. To the full extent permissible by applicable
law MSI and its suppliers expressly disclaim all other
representations or warranties, either express or implied, as to
the web site or the site content, including without limitation
implied warranties of merchantability, fitness for a particular
purpose, title, and noninfringement.
MSI does not make any representations or warranties that:
the Web Site or Site Content or any products or services
purchased from MSI will meet your requirements or expectations;
the operation of the Web Site or the Site Content will be
uninterrupted, timely, secure, or error-free or that any errors
will be corrected;
any particular results will be obtained from the use of the
Web Site or from any products or services purchased from MSI.
Limitation of Liability
You agree that neither MSI nor its suppliers shall be liable
under any contract, tort, negligence, strict liability or other
claim for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited
to, damages for loss of profits, goodwill, use, data or other
intangible losses (even if advised of the possibility of such
damages) resulting from:
the use of or the inability to use the web site, site content
or any products or services;
the cost of procurement of substitute goods and services
resulting from any goods, data, information or services
purchased or obtained or transactions entered into through MSI;
unauthorized access to or alteration of your submissions or
data;
statements or conduct of any third party on the web site.
Some jurisdictions do not allow the disclaimer of certain
implied warranties or the limitation or exclusion of liability
for incidental or consequential damages, so some of the above
disclaimers, limitations and exclusions may not apply to you.
Links to Third Party Web Sites
The Web Site may include links to various third party web sites.
MSI is providing these links solely as a convenience. Such
linked third party sites are not under the control of MSI. We
have not reviewed all of the sites linked from the Web Site and
are not responsible or liable for the contents available at any
such linked site. The appearance of a third party link on this
site does not imply MSI's endorsement of the linked site, its
sponsor or any products or services offered on the linked site.
Use of any linked site is at your own risk.
Indemnity
You agree to indemnify, defend, and hold harmless MSI and their
officers, employees, directors, agents, suppliers and sponsors
from and against any and all claims, damages, costs, or other
expenses (including reasonable attorneys fees) that arise
directly or indirectly out of or from:
your breach of these Terms of Use or of any representation or
warranty made by you in these Terms of Use;
your submissions;
your activities in connection with the Web Site or Site
Contents.
Applicable Laws and Jurisdiction
You agree to comply with all applicable laws, statutes,
ordinances, and regulations regarding your use of the Web Site
and your purchase of the products and services on the Web Site.
The Site Content and/or products and services available
through the Web Site are subject to Canadian export controls and
may not be accessed or used by:
a national or resident of any country to which Canada has
embargoed goods;
You hereby agree to the foregoing and represent and warrant
that you are not a national, resident or under the control of
any such country.
MSI controls the Web Site (excluding third party linked
sites) from its corporate offices within the Province of
Ontario, Canada. MSI makes no representation that Site Content
is appropriate or available for use in other locations, and
accessing the Web Site or Site Contents from jurisdictions where
their contents are illegal is prohibited. If you choose to
access this site from such a jurisdiction, you do so at your own
risk and are solely responsible for compliance with all the laws
of your jurisdiction. The law of Canada and the Province of
Ontario, will apply to all issues and matters relating to or
arising from your use of this Web site. You also submit to the
exclusive personal jurisdiction and venue of the Courts located
in Ontario or of any federal court located in Canada.
Copyrights and Trademarks
The Web Site and Site Content is the property of MSI and its
licensors and is protected by Canada and International Copyright
laws. All copyright, trademark, and other proprietary rights in
the site and in the services, products, software,
text, graphics, design elements, audio, music, and all other
materials originated or used by MSI at the Web Site are reserved
to MSI and its licensors. Copyright (c) 2006 Moore Seminars Inc. and its licensors. All rights reserved.
Any domain names, URLs, trademarks or logos appearing on the Web
Site or in any Site Content site are the sole property of their
respective owners.
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