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TERMS + CONDITIONS
MediaLinx Interactive Inc. ("MediaLinx") provides the Advantage Internet Web site including the Business Internet Home Page and other Business Internet content (collectively, the "Advantage Internet Site") subject to your compliance with the terms and conditions below.
PLEASE READ THIS BEFORE ACCESSING THE ADVANTAGE INTERNET SITE. BY ACCESSING THE ADVANTAGE INTERNET SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE ADVANTAGE INTERNET SITE.
By accessing the Business Internet Site you agree to be bound by the terms and conditions listed below:
- Rules.
While visiting the Business Internet Site, you may not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Business Internet Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Business Internet Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Advantage Internet Site which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder.
- Monitoring.
MediaLinx has no obligation to monitor the Advantage Internet Site. However, you agree that MediaLinx has the right to monitor the Business Internet Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Business Internet Site properly, or to protect itself or its subscribers. MediaLinx will not intentionally monitor or disclose any private electronic-mail message unless required by law. MediaLinx reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
- Privacy.
MediaLinx cannot insure or guarantee privacy for Advantage Internet users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and MediaLinx and its affiliate and related companies shall be relieved of all liability in connection therewith.
- Buying over the Internet.
When making purchases or other transactions through the Business Internet Site or the Internet, you may be asked by the merchant or information or service provider to supply certain information, including credit card or other payment mechanisms. You agree that all information you provide any merchant or information or service provider through the Business Internet Site will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the Business Internet Site. MediaLinx is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.
- Limitation of Liability.
MediaLinx takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the Business Internet Site. Further, MediaLinx makes no representations about the suitability of any of the information contained in the documents and related graphics on the Business Internet Site for any purpose. All such documents and related graphics are provided without warranty of any kind. In no event shall MediaLinx be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.
- Recourse.
If you are dissatisfied with the Business Internet Site or with any terms, conditions, rules, policies, guidelines, or practices of MediaLinx in operating the Business Internet Site, your sole and exclusive remedy is to discontinue using the Business Internet Site.
- Confidential Information.
You authorize MediaLinx to collect from any party and to retain all relevant information relating to your use of the Business Internet Site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify MediaLinx to the contrary by e-mailing us, you further authorize MediaLinx to disclose, on a confidential basis, to any party with whom MediaLinx has business relations all relevant information relating to your dealings with us and the Business Internet Site. We will open and maintain a file in your name, which file will be kept at our head office. You may access your file or such credit reports free-of-charge upon 24 hours' prior written request to our credit department at our head office. If any of the information contained in your file or in such reports is inaccurate, you may make a written request for rectification, specifying the information to be rectified and explaining the inaccuracy, to our credit department at our head office.
- Indemnity.
You agree to defend, indemnify and hold MediaLinx and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the Business Internet Site or the Internet or the placement or transmission of any message, information, software or other materials on the Business Internet Site or on the Internet by you or users of your account.
- Trademarks.
Business Internet™ and other names, logos and icons identifying Business Internet products and services referenced herein are trademarks or registered trademarks of Stentor Resource Centre Inc. Stentor Alliance members and MediaLinx Interactive, Limited Partnership are licensed users of the mark. Sympatico is a trademark of MediaLinx Interactive, Limited Partnership. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.
- Territory.
The Business Internet Site originates in Canada.
- Miscellaneous.
This Agreement, including any and all documents referenced herein constitute the entire agreement between MediaLinx and you pertaining to the subject matter hereof. MediaLinx's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.