PLEASE READ THE FOLLOWING
CAREFULLY
IMPORTANT! These Terms of Use govern your use of this website (“Site”)
which is owned and operated by DRIcore. Any
person who wishes to use this Site must accept these Terms of Use
without change. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR
ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE AND ALL RELATED
POLICIES AND GUIDELINES OF THIS SITE.
DRIcore reserves the right to change or modify these Terms of Use or any
other policies or guidelines governing the Site at any time in its sole
discretion. Any changes will be effective upon the posting of the
revisions on the Site. Your use of the Site will be subject to the most
current version of the Terms of Use posted on the Site at the time of
such use. YOUR CONTINUED USE OF THIS SITE AFTER SUCH CHANGES ARE
IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE
CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY. IF YOU DO NOT
AGREE TO ANY CHANGES TO THESE TERMS OF USE, PLEASE IMMEDIATELY
DISCONTINUE YOUR USE OF THE SITE.
1. Restrictions On Use.
You may use this Site for purposes expressly permitted by this Site. You
may not use this Site for any other purpose, including any commercial
purpose, without DRIcore’s express prior written consent. For example, you
may not and may not authorize any other party to without the express
prior written permission of an authorized representative of DRIcore: (i) co
brand this Site; (ii) frame this Site; or (iii) hyperlink to this Site .
For purposes of these Terms of Use, “co branding” means to display any
name, logo, trade-mark, or other means of attribution or identification
of any party in such a manner as is reasonably likely to give a user the
impression that such other party has the right to display, publish, or
distribute this Site or content accessible within this Site or which may
confuse a user as the nature of the relationship between any party and
DRIcore. You agree to cease and desist causing any unauthorized co-branding,
framing or hyperlinking upon notice from DRIcore and at all times you will
cooperate with DRIcore following DRIcore’s discovery of any such illegal
activity.
2. Proprietary Information.
(a) The Site contains text, graphics, photos, software, logos, icons and
other materials furnished by DRIcore (the “Content”). The Content is
protected under Canadian copyright and trade-mark laws and other laws of
Canada and other nations. All Content, including the collection,
arrangement, and assembly of such content, is the exclusive property of
DRIcore and its licensors. You may not copy, sell, license, transfer,
publish, reproduce, modify, display, reverse engineer, decompile,
disassemble, adapt, translate, transmit, arrange, bundle, sublicense,
export, merge, loan, rent, lease, assign, share, outsource, host,
distribute in any way, prepare derivative works based on, re-post, make
available to any person or otherwise use, either directly or indirectly,
any of the Content, in whole or in part, in an form or by any means
whatsoever, be they physical, electronic or otherwise, for any public or
commercial purpose, without the prior written consent of DRIcore. You shall
not permit, allow or do anything that would infringe or otherwise
prejudice the proprietary rights of DRIcore or its licensors or allow any
third party to access the Content. The restrictions set out herein shall
not apply to the limited extent the restrictions are prohibited by
applicable law.
(b) Permission is granted to you to download and make one printed copy
of the Content for your own private, non-commercial use only, without
alterations, so long as the following copyright notice is included: “© DRIcore., 2008. All Rights Reserved.” You do not
acquire any ownership rights by downloading Site Content from the Site.
(c) Trade-marks, service marks, and logos appearing in this Site are the
property of DRIcore or the party that provided the trade marks, service
marks, and logos to DRIcore. DRIcore and any party that provided trade-marks,
service marks, and logos to DRIcore retain all rights with respect to any of
their respective trade-marks, service marks, and logos appearing in this
Site. Nothing contained in this Site should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any
trade-mark displayed on this Site.
3. Hyperlinks.
This Site contains hyperlinks to other sites which are not maintained
by, or related to, DRIcore. Hyperlinks to such sites are provided solely as
a convenience to you and do not imply any endorsement by DRIcore of, the
contents or materials on such sites or any affiliation, or endorsement
of or by any affiliation with the owner of the linked site, or third
party products or services in any manner. DRIcore has no control over such
third party sites, third party products or services is expressed or
implied by any information, material or content referred to or included
on or linked from or to the Site. DRIcore does not assume responsibility for
the accuracy or appropriateness of the information, data, opinions,
advice or statements contained at such sites and your access and use of
such third party sites, including any information, material, products
and services therein, is solely at your own risk. DRIcore accepts no
liability for any direct, indirect, special, consequential or other
losses or damages of whatsoever kind arising out of access to or use of
any hyperlinked website or any information or reliance on any such
content, goods or services available on or through any such linked
website. You also understand and agree that DRIcore’s Privacy Policy is
applicable only while you are using the Site. Once you are linked to
another website, you should read the privacy statement of that website
before disclosing any personal information.
4. Conduct and the Use of the Site/Remarks.
(a) DRIcore expects that you will access and use the Site in a professional,
responsible and business-like manner in accordance with applicable laws.
As a visitor to the Site, you may have the opportunity to post comments,
submit questions or other information or otherwise engage in dialogue
with representatives of DRIcore through the sending of email to the Site.
DRIcore welcomes your content, remarks, suggestions, ideas, graphics, and
other information communicated to DRIcore by you through this Site
(collectively, “Remarks”) so long as such Remarks are not obscene,
illegal, threatening, defamatory, invasive of privacy, infringing of
third party intellectual property or privacy rights, or is otherwise
injurious to third parties and does not consist of or contain software
viruses, commercial solicitation, chain letters, political campaigning,
or any form of “spam”. Of course, you are prohibited from using a false
e-mail address, from impersonating another person or entity, or
otherwise misleading DRIcore as to your identity when you are on the Site or
otherwise communicating with DRIcore.
(b) You hereby grant to DRIcore a royalty-free, perpetual, irrevocable,
worldwide, non exclusive right and license to reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform,
copy, bundle, market, adapt, transmit, arrange, sublicense, export,
merge, transfer, loan, rent, lease, assign, share, outsource, host, make
available to any person, display or otherwise use any Remarks
communicated to DRIcore by you through this Site (including, without
limitation, any ideas, concepts, inventions, know-how, techniques or any
intellectual property contained therein) and to incorporate any Remarks
in other works in any form, media, or technology now known or later
developed, including for advertising and promotion purposes, for any
purpose, whatsoever, without any duty to account to you. You represent
and warrant that you own or otherwise control all of the rights to the
Remarks that you post; that the Remarks is accurate; that the use of the
Remarks that you supply does not violate these Terms of Use and will not
cause injury to any person or entity, and that you will indemnify DRIcore
and/or its affiliates/subsidiaries for all claims resulting from any
Remarks that you provide to DRIcore. In addition, You irrevocably waive all
of your moral rights as author in respect of such Remarks, however
arising. DRIcore will not be required to treat any Remarks as confidential,
and may use any Remarks in its business (including without limitation,
for products or advertising) without incurring any liability for
royalties or any other consideration of any kind, and will not incur any
liability as a result of any similarities that may appear in future DRIcore
operations.
(c) You hereby agree to release DRIcore, its directors, officers,
shareholders, employees, affiliates, subsidiaries, parents, agents,
advisors, service providers, representatives, successors and assigns,
and each of their respective officers, directors, shareholders,
employees, affiliates, subsidiaries, parents, agents, advisors,
representatives, successors and assigns from any and all liability
whatsoever or arising from your use of the Site, or from Remarks that
you post to, submit or transmit through the Site and you agree that if
you are unhappy with the Site that your sole remedy is to cease using
the Site.
(d) DRIcore will treat any personal information that you submit through this
Site in accordance with its Privacy Policy.
5. Privacy Policy.
Please click here to read and review DRIcore’s Privacy Policy, which
describes DRIcore’s privacy policies and practices in detail, as such
statement may be amended from time to time by DRIcore. DRIcore advises you to
check the Privacy Policy on a frequent basis for changes. You hereby
consent to the use of your personal information by DRIcore and/or its
service providers in accordance with the terms and for the limited
purposes set forth in the Privacy Policy. By agreeing to these Terms of
Use, you acknowledge and agree that certain information about you is
subject to DRIcore’s Privacy Policy.
6. Disclaimer of Warranties.
(a) You understand that DRIcore cannot and does not guarantee or warrant
that files available for downloading from the Internet will be free of
viruses, worms, Trojan horses or other code that may manifest
contaminating or destructive properties. 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 this Site for the reconstruction of any
lost data. DRIcore does not assume any responsibility or risk for your use
of the Internet.
(b) DRIcore make no warranties or conditions regarding the completeness,
accuracy or availability of the Content. The Content is provided for
informational purposes only, is not necessarily complete and up-to-date
and should not be used to replace any written reports, statements, or
notices provided by DRIcore. Users of this Site should use the Content in
the same manner as any other educational medium and should not rely on
the Content to the exclusion of their own professional judgment.
Information obtained by using this Site is not exhaustive and does not
cover all issues, topics, or facts that may be relevant to your goals.
(c) YOUR USE OF THIS SITE IS AT YOUR OWN RISK. EVERYTHING ON THE SITE,
INCLUDING THE CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT
REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND,
EITHER EXPRESS OR IMPLIED. DRIcore EXPRESSLY DISCLAIMS ALL REPRESENTATIONS,
WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR PARTICULAR USE RELATING TO
THE SITE, THE CONTENT AND YOUR USE OF THE CONTENT AND ALL PERFORMANCE
HEREUNDER), TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING
OUT A COURSE OF DEALING OR USAGE OF TRADE.
(d) FOR GREATER CLARITY, DRIcore DOES NOT WARRANT THAT (I) THE FUNCTIONS OR
CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED, RELIABLE,
ACCURATE, COMPLETE, SUITABLE, VALID, TRUTHFUL, ERROR-FREE OR WILL MEET
YOUR REQUIREMENTS IN ANY WAY; (II) THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS; (III) THE USE OF THE CONTENT AND THE SITE
WILL BE TIMELY, SECURE, OR ERROR-FREE; (IV) THE RESULTS THAT MAY BE
OBTAINED FROM YOUR USE OF THE CONTENT AND THE SITE WILL ACCURATE,
BENEFICIAL OR RELIABLE; OR (V) THE QUALITY OF ANY CONTENT OBTAINED BY
YOU THROUGH YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. DRIcore DOES
NOT REPRESENT, WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE
RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR
OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS, AND DRIcore MAY MAKE CHANGES OR IMPROVEMENTS AT ANY
TIME. YOU, AND NOT DRIcore, ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE
ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. DRIcore MAKES NO
REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT
INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ERRORS OR OMISSIONS IN SUCH CONTENT. ANY CONTENT DOWNLOADED OR
OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS USED BY YOU AT YOUR
OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF
SUCH MATERIAL. DRIcore DOES NOT REPRESENT OR WARRANT THAT THE CONTENT, THE
SITE, ITS SERVERS OR EMAIL SENT FROM THE SITE ARE FREE FROM VIRUSES OR
OTHER HARMFUL COMPONENTS.
(e) DRIcore DISCLAIMS ANY AND ALL SUCH ABOVE REPRESENTATIONS, WARRANTIES AND
CONDITIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
7. Limitation Of Liability..
(a) YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR
RESULTING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE
RISK OF FINANCIAL LOSS, PHYSICAL HARM, DEALING WITH OTHER USERS OF THE
SITE AND PERSONS ACTING UNDER FALSE PRETENSE. YOU EXPRESSLY UNDERSTAND
AND AGREE THAT IN NO EVENT SHALL DRIcore, ITS DIRECTORS, OFFICERS,
SHAREHOLDERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS
AGENTS OR ADVISORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF INCOME, REVENUES,
LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION,
FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF
THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF DRIcore HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
WHETHER IN TORT, NEGLIGENCE, STATUTE, CONTRACT, COMMON LAW, EQUITY,
STRICT LIABILITY OR OTHERWISE), RESULTING FROM: (I) YOUR USE OR THE
INABILITY TO USE OR OBTAIN THE SITE, THE CONTENT OR ANY SITE TO WHICH
YOU HYPERLINK FROM THE SITE; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY
YOU OF THE CONTENT VIOLATES ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT;
(III) ANY FAILURE OF PERFORMANCE OF THE SITE, THE CONTENT, WHETHER
RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; (IV) OR ANY OTHER
MATTERS RELATING TO THE SITE, REMARKS AND THE CONTENT.
(b) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING, IF
DRIcore SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGES WHICH ARISE OUT OF OR
IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR
USES OF THIS SITE OR ITS CONTENT, THE MAXIMUM LIABILITY OF DRIcore WILL IN
NO EVENT EXCEED, IN THE AGGREGATE, CDN$500.
8. Indemnity
You agree at all times to indemnify, defend and hold harmless DRIcore, its
subsidiaries, affiliates, licensors, service providers, employees,
contractors, agents, officers, directors, successors and assigns (the
“Indemnified Parties”) from and against any claims, losses, judgements,
actions, proceedings, damages, costs and expenses (including without
limitation, reasonable legal and other fees and disbursements) incurred
by any of the foregoing parties due to or resulting from your use or
misuse of the Site, the Content or your violation from these Terms of
Use. You will also indemnify, defend, save and hold the Indemnified
Parties harmless from and against any claims brought by third parties
arising out of your use of Content from this Site.
9. Violations.
DRIcore reserves the right to fully cooperate with any law enforcement
authorities or court order requesting or directing DRIcore to disclose the
identity of anyone posting any messages, or publishing or otherwise
making available any materials that are believed to violate these Terms
of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE, AND HOLD DRIcore HARMLESS
FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DRIcore DURING OR AS A
RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER DRIcore OR LAW ENFORCEMENT
AUTHORITIES. PLEASE REPORT ANY VIOLATIONS OF THESE TERMS OF USE TO DRIcore
TO OUR SITE ADMINISTRATOR AT (905) 403-0425 OR BY E-MAIL AT
web@kruger.com OR BY EMAIL TO THE ATTENTION OF THE WEBSITE
ADMINISTRATOR (THE “WEBSITE ADMINISTRATOR”) AT:
DRIcore
2311 Royal Windsor Drive
Unit 2
Mississauga, Ontario
L5J 1K5
Attention: Website Administrator
10. Termination.
You acknowledge and agree that these Terms of Use shall remain in effect
for so long as you use this Site. You agree that this agreement can only
be terminated by you once you have stopped using the Site. DRIcore reserves
the right to terminate your use of the Site at any time, for any reason,
with or without cause, if DRIcore believes that you are violating these
Terms of User in any way. DRIcore also has the right, in its sole
discretion, to remove any Remarks from the Site and, to if applicable,
DRIcore may also terminate your password on the Site at any time, with or
without cause or notice, for any reason. If you wish to terminate your
account, you many choose to cease your use of the Site or to send DRIcore
notification by e-mail at web@kruger.com. DRIcore shall not be
responsible for maintaining or returning Remarks or your password. You
should always maintain a copy of your Remarks.
11. General.
(a) These Terms of Use and any action related thereto or related to the
Site and the Content shall be governed, controlled, interpreted and
defined by and under the laws of the Province of Ontario and the federal
laws applicable therein without giving effect to any principles of
conflicts of laws. The United Nations Convention on the International
Sale of Goods is explicitly excluded from this agreement. You agree that
any action at law or in equity arising out of or relating to these Terms
of Use or your use of the Site and the Content will be filed only in a
court located in Toronto, Ontario, Canada, and you hereby irrevocably
and unconditionally consent and submit to the exclusive jurisdiction of
such courts for the purpose of any such action. Your use of the Site is
void where prohibited by laws in jurisdictions to which you are
otherwise subject, and you agree not to visit or use the Site or the
Content in any such circumstances. Sections 2, 3, 4, 5, 6, 7, 8, 9 and
11 shall survive any termination of these Terms of Use for any reason.
(b) These Terms of Use and any other legal notices, policies and
guidelines of DRIcore linked to these Terms of Use constitute the entire
agreement between you and DRIcore relating to the subject matter hereof and
supersede any prior understandings or agreements (whether oral or
written), claims, representations, and understandings of the parties
regarding such subject matter and the Terms of Use may not be amended or
modified except in writing or by making such amendments or modifications
available on this Site.
(c) DRIcore is not your agent, fiduciary, trustee, or other representative.
Nothing expressed or mentioned in or implied from these Terms of Use is
intended or will be construed to give to any person other than the
parties hereto any legal or equitable right, remedy, or claim under or
in respect to these Terms of Use. These Terms of Use and all of the
representations, warranties, covenants, conditions, and provisions
hereof are intended to be and are for the sole and exclusive benefit of
DRIcore, you, and relying service providers.
(d) The headings used in these Terms of Use are included for convenience
only and have no legal or contractual effect and shall not affect the
construction or interpretation of these Terms of Use.
(e) You may not assign, convey, subcontract or delegate your rights,
duties or obligations hereunder.
(f) DRIcore will not be considered to have waived any of its rights or
remedies described in these Terms of Use unless the waiver is in writing
and signed by DRIcore. No delay or omission by DRIcore in exercising its rights
or remedies will impair or be construed as a waiver. Any single or
partial exercise of a right or remedy will not preclude further exercise
of any other right or remedy. DRIcore’s failure to enforce the strict
performance of any provision of these Terms of Use will not constitute a
waiver of DRIcore’s right to subsequently enforce such provision or any
other provisions of these Terms of Use.
(g) If any provision of the Terms of Use is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavour to give effect to the parties’
intentions as reflected in the provision, and the other provisions of
the Terms of Use remain in full force and effect.
All rights reserved. DRIcore is a
registered trade-mark of Kruger Inc. and DRIcore is a licensed user of such
trade-mark.
Last updated: October 2, 2008
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Terms of Use
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