ESTec Group of companies
Revised June 2002
carefully before You ("You") accept these Terms by using
the ESTec website ("Website") in any other manner. If
You do not agree to all of these terms, do not use this Website.
The Terms are entered into by and between ESTec
Systems Corp, and its subsidiaries ("ESTec") and You.
If you are using the Services on behalf of Your employer, You represent
that You are authorized to accept these Terms on Your employer's
behalf. Unless explicitly stated otherwise, the Terms will govern
Your use of any new features that augment or enhance the current
Services, including the release of new ESTec resources.
This Web site is provided by ESTec and may be
used for informational purposes only. By using the site or downloading
materials from the site, you agree to abide by the terms and conditions
set forth in this notice. If you do not agree to abide by these
terms and conditions do not use the site or download materials from
1. Limited License
Subject to the terms and conditions set forth
in this Agreement, ESTec grants you a non-exclusive, nontransferable,
limited right to access, use and display this site and the materials
thereon. You agree not to interrupt or attempt to interrupt the
operation of the site in any way.
ESTec authorizes you to view and download the
information ("Materials") at this Web site ("Site")
only for your personal, non-commercial use. This authorization is
not a transfer of title in the Materials and copies of the Materials
and is subject to the following restrictions: 1) you must retain,
on all copies of the Materials downloaded, all copyright and other
proprietary notices contained in the Materials; 2) you may not modify
the Materials in any way or reproduce or publicly display, perform,
or distribute or otherwise use them for any public or commercial
purpose; and 3) you must not transfer the Materials to any other
person unless you give them notice of, and they agree to accept,
the obligations arising under these terms and conditions of use.
You agree to abide by all additional restrictions displayed on the
Site as it may be updated from time to time. This Site, including
all Materials, is copyrighted and protected by worldwide copyright
laws and treaty provisions. You agree to comply with all copyright
laws worldwide in your use of this Site and to prevent any unauthorized
copying of the Materials. Except as expressly provided herein, ESTec
does not grant any express or implied right to you under any patents,
trademarks, copyrights or trade secret information.
2. Information Provided By You
ESTec does not want you to, and you should not,
send any confidential or proprietary information to ESTec via the
Site. You agree that any information or materials that you or individuals
acting on your behalf provide to ESTec will not be considered confidential
or proprietary. By providing any such information or materials to
ESTec, you grant to ESTec an unrestricted, irrevocable, worldwide,
royalty-free license to use, reproduce, display, publicly perform,
transmit and distribute such information and materials, and you
further agree that ESTec is free to use any ideas, concepts or know-how
that you or individuals acting on your behalf provide to ESTec.
You further recognize that ESTec does not want you to, and you warrant
that you shall not, provide any information or materials to ESTec
that is defamatory, threatening, obscene, harassing, or otherwise
unlawful, or that incorporates the proprietary material of another.
3. Your Conduct
You agree not to use the Services for any unlawful
activities, including (without limitation) attempting to compromise
the security of any networked account or site.
4. Use of Registration Data
You agree that ESTec, its Partner(s), or a
designee of ESTec or Partner(s) may disclose Registration Data to
third parties about you and information about Your use of the Service,
provided that such disclosures do not include Your name, mailing
address, email address, telephone or facsimile number, or account
number, unless such disclosure is required by law or legal process.
This Agreement includes the terms and conditions
and which is hereby incorporated by reference. In the event that
there exists any inconsistency between this Agreement and the Privacy
ESTec contains links to other related World
Wide Web Internet sites, resources, and sponsors of ESTec. Since
ESTec is not responsible for the availability of these outside resources,
or their contents, you should direct any concerns regarding any
external link to the site administrator or Webmaster of such site.
Links do not imply that ESTec sponsors, endorses, is affiliated
or associated with, or is legally authorized to use any trademark,
trade name, logo or copyright symbol displayed in or accessible
through the links, or that any linked site is authorized to use
any trademark, trade name, logo or copyright symbol of ESTec or
any of its affiliates or subsidiaries.
6. Username and Password
You may receive a password and account designation
upon completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify ESTec of
any unauthorized use of your password or account or any other breach
of security, and (b) ensure that you exit from your account at the
end of each session. ESTec cannot and will not be liable for any
loss or damage arising from unauthorized use of your username and/or
password. Any fraudulent, abusive, or otherwise illegal activity
may be grounds for termination of your account, at ESTec's sole
discretion, and ESTec may refer you to appropriate law enforcement
7. Fees and Payments
ESTec reserves the right at any time to charge
fees for access to portions of the Service or the Service as a whole.
However, in no event will you be charged for access to the Service
unless we obtain your prior agreement to pay such charges. Thus,
if at any time ESTec requires a fee for portions of the Service
that are now free, ESTec will give you advance notice of such fees
and the opportunity to cancel the account before such charges are
imposed. All new fees, if any, will be posted on the service. You
shall pay all fees and charges incurred through your account at
the rates in effect for the billing period in which such fees and
charges are incurred, including, but not limited to charges for
any products or services offered for sale through the Service by
ESTec or by any other vendor or service provider. All fees and charges
shall be billed to and paid for by you. You shall pay all applicable
taxes relating to use of the Service through your account.
ESTec reserves the right, at its sole discretion,
to change, modify, add or remove any portion of this Agreement in
whole or in part, at any time. Changes in this Agreement will be
effective when notice of such change is posted. Your continued use
of the Site after any changes to this Agreement are posted will
be considered acceptance of those changes.
ESTec may terminate, change, suspend or discontinue
any aspect of any ESTec Site, including the availability of any
features of the Site, at any time. ESTec may also impose limits
on certain features and services or restrict your access to parts
or all of the Site without notice or liability. ESTec may terminate
the authorization, rights and license given above and, upon such
termination, you shall immediately destroy all Materials.
9. Advertisements and Promotions
ESTec may from time to time run advertisements
and promotions from third parties on the Services. The manner, mode
and extent of advertising is subject to change. Your correspondence
or business dealings with, or participation in promotions of, advertisers
other than ESTec found on or through the Services, including payment
and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between You and such advertiser. ESTec is not responsible
or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such non-ESTec
advertisers on the Services.
ESTec may, in its sole discretion, terminate
or suspend your access to all or part of the Service for any reason,
including, without limitation, breach or assignment of this Agreement.
11. Breach of Terms
Any breach of the Terms will result in irreparable
harm to ESTec for which damages would be an inadequate remedy and,
therefore, in addition to its rights and remedies otherwise available
at law, ESTec will be entitled to equitable relief, including both
a preliminary and permanent injunction, if such a breach occurs.
You waive any requirement for the posting of a bond or other security
if ESTec seeks such an injunction.
You agree to indemnify and hold ESTec, and its
subsidiaries, affiliates, officers, agents, or partners, and employees,
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Your use
of the Services, including any use by Your employees, Your connection
to the Services, Your violation of the Terms, or Your violation
of any rights of another.
13. International Users and Choice of Law
This Site is controlled, operated and administered
by ESTec from its offices within Canada. ESTec makes no representation
that materials at this site are appropriate or available for use
at other locations outside of Canada and access to them from territories
where their contents are illegal is prohibited. You may not use
the Site or export the Materials in violation of Canadian export
laws and regulations. If you access this Site from a locations outside
of Canada, you are responsible for compliance with all local laws.
These Terms and Conditions of use shall be governed by the laws
of the province of Alberta, without giving effect to its conflict
of laws provisions.
This Agreement constitutes the entire agreement
between ESTec and you with respect to your use of the Site. Any
cause of action you may have with respect to your use of the Site
must be commenced within one (1) year after the claim or cause of
action arises. If for any reason a court of competent jurisdiction
finds any provision of the Agreement or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible
so as to effect the intent of the Agreement, and the remainder of
this Agreement shall continue in full force and effect.
The materials may contain inaccuracies and typographical
errors. ESTec does not warrant the accuracy or completeness of the
materials or the reliability of any advice, opinion, statement or
other information displayed or distributed through the site. You
acknowledge that any reliance on any such opinion, advice, statement,
memorandum, or information shall be at your sole risk. ESTec reserves
the right, in its sole discretion, to correct any errors or omissions
in any portion of the site. ESTec may make any other changes to
the site, the materials and the products, programs, services or
prices (if any) described in the site at any time without notice.
This site, the information and materials on
the site, and the software made available on the site, are provided
"as is" without any representation or warranty, express
or implied, of any kind, including, but not limited to, warranties
of merchantability, non-infringement, or fitness for any particular
purpose. Some jurisdictions do not allow for the exclusion of implied
warranties, so the above exclusions may not apply to you.
15. Limitations of Damages
In no event shall ESTec or any of its subsidiaries
be liable to any entity for any direct, indirect, special, consequential
or other damages (including, without limitation, any lost profits,
business interruption, loss of information or programs or other
data on your information handling system) that are related to the
use of, or the inability to use, the content, materials, and functions
of the site or any linked website, even if ESTec is expressly advised
of the possibility of such damages.
Official correspondence must be sent via postal
ESTec Systems Corp.
2nd floor, 17510 102 Avenue
Edmonton, Alberta, Canada, T5S 1K2
I have read and understand the foregoing
agreement and agree to be bound by all of its terms.