TERMS, CONDITIONS, AND NOTICES
THESE TERMS CONTAIN IMPORTANT DISCLAIMERS AND LEGAL INFORMATION
Agreement between User and R&D Energy Savers Ltd. (hereinafter “R&D”)
This Web site is offered to you (“you”, “your” or the “User”) solely on the condition that User accepts, without modification, all of the terms, conditions, and notices contained herein. Accessing this Web site or any pages thereof and/or use of the content, services and/or products presented in any and all areas of this site constitutes the User’s agreement to abide and be bound by all of the following terms and conditions.
Copyright and Trademark Notices
All contents of this Web site are Copyright 2006 R&D , 2861 Sherwood Heights Dr., Unit 21 Oakville Ontario L6J 7K1 All rights reserved.
Certain names, graphics, icons, designs, logos, words, titles or phrases used on pages of this Web site may constitute trade names, service marks or registered or unregistered trademarks of R&D or of other entities. The display of product and service marks on pages of this Web site does not imply the granting of a license of any kind. All marks and trade names displayed on pages of this Web site are the trademarks of their respective owners.
This Web site is for the User’s use. If you download any material, you must keep all copyright, trademark and other notices intact. The right to use it is not transferable to any other person or entity. User is responsible for all usage of User’s account (under any screen name or password) and for ensuring that all uses of this Web site through User’s account complies fully with the provisions of this Agreement. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, or other content, software, products or services obtained from this Web site without the prior written consent of R&D.
ALL MATERIALS AND SERVICES IN THIS SITE AND THIRD PARTY SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE CONTENT PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED HEREIN. R&D AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. R&D AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION, INCLUDING, THE ACCURACY, ADEQUACY, QUALITY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THIS SITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE AND/OR THE CONTENT CONTAINED HEREIN. R&D DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS BE UNINTERRUPTED OR ERROR‑FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
NEITHER R&D NOR ANY OF ITS AGENTS, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, REPRESENTATIVES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEB SITE, YOUR INABILITY TO GAIN ACCESS TO OR USE THE WEB SITE, THE CONTENT ON THIS WEB SITE OR OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY CONTAINED HEREIN OR ON THE WEB SITE EVEN IF R&D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER R&D NOR ANY OF ITS OFFICERS, MANAGERS, MEMBERS, AGENTS, DIRECTORS, AFFILIATES, EMPLOYEES OR CONTENT PROVIDERS SHALL BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, THE POTENTIAL LIABILITY OF R&D WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE PRODUCTS AND SERVICES DESCRIBED IN PAGES OF THIS WEB SITE ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY LEGALLY BE OFFERED FOR SALE.
Companies and products referred to on this site may not be available in all jurisdictions.
Use of this Web site is at your own risk. This site may contain advice, opinions, and statements of various information providers and content providers. R&D does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information or content provider, or any user of this site or other person or entity. Reliance upon any such opinion, advice, statement or other information shall be at your own risk. Neither R&D nor any of its officers, directors, shareholders, employees, agents, affiliates, information providers or content providers shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, for any damages resulting therefrom.
R&D has no responsibility for the content of any messages, information or materials uploaded, posted, distributed or transmitted by Users of this site. R&D retains the right, but not the obligation, in its sole discretion to monitor, review, edit, delete or refuse to post any third‑party content which R&D deems to be objectionable or in violation of these Terms and Conditions. R&D reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
By submitting messages, information and material to any public area of this site, you are granting R&D a perpetual royalty‑free license to reproduce, edit, modify, publish, transmit and display such messages, information and material in whole or in part.
The User agrees to indemnify and hold harmless R&D and its officers, directors, shareholders, employees, agents, affiliates, representatives, information providers and content providers from and against all claims and expenses, including attorney fees, arising out of any messages, information or materials uploaded, posted, distributed or transmitted to or through this site by you.
The User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this Web site only as permitted by these Terms and Conditions, any additional policies or procedures published in this Web site from time to time by R&D and applicable law.
Links to Third Parties’ Web Sites
This Web site may contain links and pointers to Internet sites or Web sites maintained by third parties. R&D does not operate or control in any respect any information, products or services on such third‑party sites. Third party links are included solely for the convenience of Users, and do not constitute any endorsement by R&D and/or its suppliers. The User assumes sole responsibility for the use of third party links and pointers, and the disclaimers set forth herein are equally applicable to such third party sites. R&D is not responsible for the content of any such third party Web site or the actions of any operator of any such Web site.
Software Available On This Web Site
Any software that is made available to download from this Web site (“Software”) is the copyrighted work of R&D‘s suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Any such Software is not available to Users in jurisdictions in which its distribution is prohibited by law.
R&D shall have the right, in its sole discretion, to change, modify, add or remove terms of these Terms and Conditions at any time. Notification of any such changes shall be made herein. Changes shall be effective immediately, and subsequent use by you of this site shall constitute your acceptance of them.
These Terms and Conditions are effective until terminated at any time without notice by R&D.
R&D reserves the right to deny access to this Web site to anyone at any time.
These Terms and Conditions shall be deemed to include all notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between any other terms and the terms of these Terms and Conditions, the terms of these Terms and Conditions shall govern.
These Terms and Conditions are subject to, and shall be construed and enforced in accordance with, Canadian law. Any action to enforce these Terms and Conditions shall be brought in the courts located in Canada. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
Any rights not expressly granted herein are reserved.
©2006 R&D Energy Savers Ltd., All rights reserved.