The following spells out the terms of use (“Terms of Use”) which apply to your use of the Cormode and Dickson website provided by Cormode and Dickson and accessed by you at the Cormode and Dickson website at http://cormode.com/, as may be amended from time to time (“Site”), or otherwise.
You acknowledge that you have read the Cormode and Dickson Privacy Policy at http://cormode.com/privacy-policy/ (as it may be updated from time to time) (the “Privacy Policy”) and hereby consent to the collection, use and disclosure by Cormode and Dickson and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the Privacy Policy.
The website is provided to individuals and for personal use only. Any unauthorized use of the website is strictly prohibited.
Nothing within the website shall be construed as conferring any license under any of Cormode and Dickson’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. You further acknowledge that, except where expressly stated otherwise, all programs, services, processes, designs, technologies, materials and all other things comprising the website are owned by Cormode and Dickson, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. You release and forever discharge (for and on behalf of yourself, your heirs, executors and administrators) Cormode and Dickson and all its employees, officers, directors, principals, shareholders and agents, from any actions, claims or demands that you now have or ever will have against Cormode and Dickson for the use of the website, provided that they were used for legal purposes. You understand that unless you and Cormode and Dickson agree in writing to publish, use or refer to my name in connection with the website, neither the website nor the words published with it will be attributed to you personally. Any use of the website, by any means, without the express written consent of Cormode and Dickson and/or the owner, as appropriate, is strictly prohibited.
YOU ACKNOWLEDGE AND AGREE THAT:
THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS; NEITHER Cormode and Dickson NOR ITS SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR LOSS; Cormode and Dickson IS NOT RESPONSIBLE FOR ANY CONTENT THAT IS TRANSMITTED THROUGH SITE OR OTHERS OR THAT IS SENT, RECEIVED OR ACCESSED USING THE SERVICES, BY YOU OR ANY THIRD PARTY; AND Cormode and Dickson EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL Cormode and Dickson, AND ITS PRINCIPALS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND SHAREHOLDERS (COLLECTIVELY, THE “Cormode and Dickson ENTITIES” AND EACH, A “Cormode and Dickson ENTITY”) BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THE USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY, IN WHICH CASE, SOME OF THE EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS MAY NOT APPLY TO YOU.
You agree to indemnify the Cormode and Dickson Entities from any loss or damages, including without limitation reasonable legal fees, which they may suffer from your use of the website including, without limitation, any breach by you of these Terms of Use. You shall cooperate as fully as reasonably required in the defense of any claim. Cormode and Dickson reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim. These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable in Alberta, without regard to conflict of law principles or provisions. You agree to be bound by the laws of these jurisdictions and you irrevocably consent to the exclusive jurisdiction of the courts of the Province of Alberta and the federal courts situated in the Province of Alberta in connection with any matter arising under these Terms of Use.
These Terms of Use represent the entire agreement between Cormode and Dickson and you concerning the website. Cormode and Dickson’ failure to insist upon or enforce strict performance of any provision of the Terms of Use shall not be construed as a waiver of any other provision or right. In the event that any portion of the Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remainder of the Terms of Use shall remain in full force and effect.