Online Advertising Materials
©2003. All Rights Reserved.
Note: The use of this Website is subject to the following terms and conditions, and the use of this website constitutes acceptance of the following terms and conditions.
I. Interpretations
1. Definitions:
"Content" includes, but is not limited to, all text, photographs, animation files, graphics, multimedia files, audio files, banner ads and anything else contained in or on this Website.
"User" includes, but is not limited to, any person who accesses this Website by any means whatsoever, including, but not limited to, legal, illegal, authorized and unauthorized means.
2. Assignment:
Online Advertising Materials. may assign its rights or obligations under this Agreement at any time without notice to Users.
3. Termination:
Either Online Advertising
Materials Ltd. or the User may terminate this Agreement at any time, either
with or without cause. The User may terminate this Agreement by ceasing to use
this Website. The following clauses of this Agreement will survive any termination
by either party: II, III, IV, V and VI.
II. Copyright and trademarks
4. Ownership:
The content of this Website is owned by Online Advertising Materials of Edmonton, Alberta. All Content is protected by domestic and international copyright laws. Netscape is a registered trademark and the Netscape Navigator logo is a trademark of Netscape Communications Corporation. Microsoft is a registered trademark and the Internet Explorer is a trademark of Microsoft Corporation. PhotoShop, Acrobat and the Acrobat logo are trademarks of Adobe Systems Incorporated. Flash and Dreamweaver are trademarks of Macromedia Inc. 3D Max is a trade mark of 3D Max Inc. Caterpillar is a registered trade mark of Caterpillar International Inc. Digital Page Author is a registered trademark of Digital Page Author of Australia. Flexxaire is a registered trademark of Flexxaire Manufacturing Inc. Any and all other company names found on this website are registered trademarks and/or trade names. Nothing contained in these Web pages should be construed as granting or permitting any right to use such trade names or trademarks.
5. Rights:
The use of this Website
grants no interest, whether proprietary, license, or otherwise, in the intellectual
property rights, or any other rights which may exist or are hereafter developed
in respect of any portion of the Website or its Content.
III. Permitted secondary uses
6. The User may freely download, copy, display, exhibit, share, or otherwise distribute the Content of this Website for noncommercial purposes only. However, on any such downloading, copying, display, exhibition, sharing or distribution, the User must explicitly acknowledge OAM as the provider of such Content. OAM reserves the right to require the User to delete, destroy or otherwise remove any Content that is used in a manner that in OAM's opinion is contrary or otherwise inappropriate, derogatory or offensive.
7. The User agrees that any person to whom the Content is provided directly
or indirectly through the User, will be advised of the terms of this Agreement,
and that each such person is bound by these terms.
8. The User may in no way modify, reformulate, adapt, alter, adjust, change,
disassemble, frame, mirror or decrypt any of the Content of this Website.
IV. Choice of law
9. Any dispute arising out of the use of this Website, the Content or availability thereof, the construction or interpretation of this Agreement, or anything related or similar thereto is governed by the laws of the province of Alberta, Canada, without any reference to conflicts of laws, rules or principles.
10. Any dispute arising out of the use of this Website, the Content or availability
thereof, the construction or interpretation of this Agreement, or anything related
or similar thereto is only to be decided by a court of competent jurisdiction
sitting within the legal boundaries of the province of Alberta, Canada.
V. Rights to control site
11. The Content of this
Website is subject to change at anytime without any notice to Users. OAM may
revise these Terms at any time by updating this posting.
VI. Limitations of liability
12. This Website is designed to provide knowledge for informational and instructional purposes only. The information is taken from a variety of sources that are believed to be reliable, and the information is believed to be accurate at the time it is posted to this Website. However, because of the many sources that contribute to this Website, there is no way to ensure that the information contained herein is accurate at any moment in time. Contact Online Advertising Materials for further information before relying on any information contained herein.
13. If this Website should contain links that lead the User to other sites on
the World Wide Web, the links shall be provided for convenience only. A link
to any other Website should not be taken to imply any endorsement of any other
Website or product or service by OAM, its subsidiaries, affiliates, contractors,
agents and/or employees.
14. Online Advertising Materials, its affiliates, contractors, agents and/or
employees are in no way responsible or liable for:
a) any Damages whether
they be direct, indirect, consequential, incidental, special, punitive, exemplary
or general, howsoever caused. Damages shall include, but are not limited to,
breach of contract, loss of profit, business interruption, loss of business
data or information.
b) the result of any decision taken on the basis of information provided through
this Website.
c) any direct or indirect consequence due to the Content of any website link
to which any User links to through this Website.
15. Disclaimer:
THIS WEBSITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANDISING, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR USEFULNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL OAM OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS CONTAINED HEREIN OR SOLD HERETO, EVEN IF OAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OAM and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Online Advertising Materials, its subsidiaries, affiliates, contractors, agents and/or employees do not make any commitment to update the Content or materials contained herein or warrant that the use of this Website will be uninterrupted, error-free, stable or suitable for all Users. Any User who accesses this Website does so solely at his or her own risk.
The User agrees to indemnify, contribute to and hold harmless Online Advertising Materials, its subsidiaries, affiliates, contractors, agents, and/or employees, against any liability, be it civil, criminal or quasi-criminal, resulting from any violation of any law by the User in their use of this Website. The User shall be responsible to the full extent of any liability, payment or other agreement made by OAM, its subsidiaries, affiliates, contractors, agents and/or employees, in settlement and/or satisfaction of any claim or potential claim, whether such payment or agreement is made or concluded prior to or following the institution of formal proceedings against OAM, its subsidiaries, affiliates, contractors, agents and/or employees.
16. Should you choose to respond directly to OAM with comments, questions, suggestions,
ideas or any interests related to this Website, you agree that such information
shall be deemed as non-confidential and that OAM will not be obligated to respond
to such an inquiry. Furthermore, that OAM shall be free to reproduce, use, disclose
and distribute the information to others without limitation, including but not
limited to OAM’s development, services, marketing or any of OAM’s
suppliers.