|
|
 |
Disclaimer
Gestalt Corporation
maintains this site (the "Site") for your information, education, for
the commercial exploitation of your personal skills and for your
personal benefit. Please feel free to browse the Site and you may
download material offered for download subject to the License associated
therewith.
However, if you download the Product, you should be aware that the
License specifically provides that: "THE PRODUCT IS PROVIDED UNDER THIS
LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE
PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE
OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE PRODUCT AND ANY SCRIBE-BASED APPLICATION IS WITH YOU. SHOULD ANY
SCRIBE-BASED APPLICATION PROVE DEFECTIVE IN ANY RESPECT, YOU ASSUME THE
COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF THE
PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. IN NO
EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL,
SPECIAL DAMAGES, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST
SAVINGS, EVEN IF A LICENSOR'S REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE
LICENSOR ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR,
ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR
OTHER PROPERTY ON ACCOUNT OF DOWNLOADING, OR USE OF THE PRODUCT."
Site Usage
If you access and use this Site, you accept and agree to be bound by
and comply with all terms and conditions (the "Terms") which are
specified throughout various pages of this Site, as well as any
applicable laws. You also acknowledge that any other agreements between
you and the Licensor are superseded by these Terms and are of no force
or effect, if they are in conflict with these Terms. If you are not
willing to accept this condition, do not use the Site.
Terms and Conditions
- You should assume that everything you see or read on this Site
is copyrighted unless otherwise noted and may not be used except as
provided in these Terms and Conditions or represents that your use
of materials displayed on the Site will not infringe rights of third
parties not owned by or affiliated with the Licensor.
- While the Licensor uses reasonable efforts to include accurate
and up-to-date information in this Site, the Licensor makes no
warranties or representations as to its accuracy. The Licensor
assumes no liability or responsibility for any errors or omissions
in the content of this Site.
- You use and browse this Site at your own risk. Neither the
Licensor nor any other party involved in creating, producing, or
delivering this Site is liable for any direct, incidental,
consequential, indirect, or punitive damages arising out of your
access to, or use of, this Site. By limiting the foregoing,
everything on this Site is provided to you "as is" without warranty
of any kind, either expressed or implied, including, but not limited
to, the particular purpose, or non-infringement. Please note that
some jurisdictions may not allow the exclusion of implied
warranties, so some of the above exclusions may not apply to you.
Check your local laws for any restrictions or limitations regarding
the exclusion of implied warranties. The Licensor also assumes no
responsibility, and shall not be liable for, any damages to, or
viruses that may infect, your computer equipment or other property
on account of your access to, use of, or browsing in the Site or
your downloading of any materials, data, text, images, video, or
audio from the Site.
- With the exception of your Credit Card information which is
being processed by a third-party on a secure site, any communication
or material you transmit to or through the Site by electronic mail
or otherwise, including any data, questions, comments, suggestions,
or the like, is and will be treated as non-confidential and
non-proprietary, unless otherwise indicated by you.
- Images of people or places displayed on the Site are either the
property of the Licensor or used with permission. The use of these
images by you, or anyone else authorized by you, is prohibited
unless specifically permitted by these Terms and Conditions or
specific permission provided elsewhere on this Site. Any
unauthorized use of the images may violate copyright laws, trademark
laws, the laws of privacy and publicity, or communications
regulations and statutes.
- Although, the Licensor may from time to time monitor or review
discussions, chats, postings, transmissions, bulletin boards, and
the like on this Site, if any occur, the Licensor is under no
obligation to do so and assumes no responsibility or liability
arising from the content of any such locations nor for any error,
defamation, libel, slander, omission, falsehood, obscenity,
pornography, profanity, danger, or inaccuracy contained in any
information within such locations on this Site. You, however, are
prohibited from posting or transmitting any unlawful, threatening,
libellous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material or any material that could
constitute or encourage conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise violate any law.
The Licensor will fully cooperate with any law enforcement
authorities or court order requesting or directing the Licensor to
disclose the identity of anyone posting any such information or
materials.
- All Products (consisting of software) available from this Site
are subject to Canadian Export Controls. No Product may be
downloaded from this Site for export into (or to a national or
resident of) any country to which Canada has embargoed goods. By
downloading, ordering, or using the Product you represent and
warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
- The Products or services available from this Site may also be
subject to federal, provincial, state, or local laws or restrictions
within the jurisdiction that you live in. By ordering a Product or
service from this Site, you represent and warrant that you are in
full compliance with all applicable laws or restrictions and are
authorized to order the product or service in your area, and that
you will pay any applicable taxes, that have not been included in
our charges, to the appropriate revenue agency in your jurisdiction.
If you reside in Canada, you will be deemed to have made the
purchase in the Province of Alberta and we will add to the cost of
the Product or service the applicable 7% GST; however, any
Provincial Sales Taxes (whether assessed separately or included in
your HST) must be recorded and paid by you directly to the
applicable government agency.
- The Licensor may at any time revise these Terms and Conditions
by updating this posting. You are bound by any such revisions and
should, therefore, periodically visit this page to review the then
current Terms and Conditions to which you are bound.
|
 |
 |