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AGREEMENT BETWEEN USER AND California Link website (hereafter
referred to as “Web Site”)
The Web Site is comprised of various web pages operated by
California Link.
The Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices
contained herein. Your use of the Web Site constitutes your
agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
California Link reserves the right to change the terms,
conditions, and notices under which the Web Site is offered,
including but not limited to the charges associated with the use
of the Web Site.
LINKS TO THIRD PARTY SITES
The Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of
California Link and California Link is not responsible for the
contents of any Linked Site, including without limitation any
link contained in a Linked Site, or any changes or updates to a
Linked Site. California Link is not responsible for webcasting
or any other form of transmission received from any Linked Site.
California Link is providing these links to you only as a
convenience, and the inclusion of any link does not imply
endorsement by California Link of the site or any association
with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Web Site, you warrant to
California Link that you will not use the Web Site for any
purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Web Site in any
manner which could damage, disable, overburden, or impair the
Web Site or interfere with any other party's use and enjoyment
of the Web Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally
made available or provided for through the California Link Web
Sites.
USE OF COMMUNICATION SERVICES
The Web Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars,
and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a
group (collectively, "Communication Services"), you agree to use
the Communication Services only to post, send and receive
messages and material that are proper and related to the
particular Communication Service. By way of example, and not as
a limitation, you agree that when using a Communication Service,
you will not:
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Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity)
of others.
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Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
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Upload files that contain software or other material
protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
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Upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the
operation of another's computer.
-
Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Service
specifically allows such messages.
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Conduct or forward surveys, contests, pyramid schemes or
chain letters.
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Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be
legally distributed in such manner.
-
Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the
origin or source of software or other material contained in
a file that is uploaded.
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Restrict or inhibit any other user from using and enjoying
the Communication Services.
-
Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
-
Harvest or otherwise collect information about others,
including e-mail addresses, without their consent.
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Violate any applicable laws or regulations.
California Link has no obligation to monitor the Communication
Services. However, California Link reserves the right to review
materials posted to a Communication Service and to remove any
materials in its sole discretion. California Link reserves the
right to terminate your access to any or all of the
Communication Services at any time without notice for any reason
whatsoever.
California Link reserves the right at all times to disclose any
information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in
whole or in part, in California Link’s sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. California Link does not control or endorse the
content, messages or information found in any Communication
Service and, therefore, California Link specifically disclaims
any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication
Service. Managers and hosts are not authorized California Link
spokespersons, and their views do not necessarily reflect those
of California Link.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination.
You are responsible for adhering to such limitations if you
download the materials.
MATERIALS PROVIDED TO CALIFORNIA LINK OR
POSTED AT ANY CALIFORNIA LINK WEB SITE
California Link does not claim ownership of the materials you
provide to California Link(including feedback and suggestions)
or post, upload, input or submit to any California Link Web Site
or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or
submitting your Submission you are granting California Link, its
affiliated companies and necessary sublicensees permission to
use your Submission in connection with the operation of their
Internet businesses including, without limitation, the rights
to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. California Link is under no
obligation to post or use any Submission you may provide and may
remove any Submission at any time in California Link‘s sole
discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in
this section including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE
CALIFORNIA
LINK WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
CALIFORNIA
LINK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE CALIFORNIA LINK WEB SITE
AT ANY TIME. ADVICE RECEIVED VIA THE
CALIFORNIA
LINK WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
CALIFORNIA LINK AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE CALIFORNIA
LINK WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. CALIFORNIA LINK AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL CALIFORNIA LINK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CALIFORNIA
LINK WEB SITE, WITH THE DELAY OR INABILITY TO USE THE CALIFORNIA
LINK WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CALIFORNIA
LINK WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
CALIFORNIA LINK WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CALIFORNIA
LINK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
CALIFORNIA LINK WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE CALIFORNIA
LINK WEB SITE.
SERVICE CONTACT : crm@calilink.com
TERMINATION/ACCESS RESTRICTION
California
Link reserves the right, in its sole discretion, to terminate
your access to the California Link Web Site and the related
services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement
is governed by the laws of the Province of Ontario, Canada and
you hereby consent to the exclusive jurisdiction and venue of
courts in Toronto, Ontario,
Canada in all
disputes arising out of or relating to the use of the California
Link Web Site. Use of the California Link Web Site is
unauthorized in any jurisdiction that does not give effect to
all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between
you and California Link as a result of this agreement or use of
the California Link Web Site. California Link's performance of
this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of
California Link’s right to comply with governmental, court and
law enforcement requests or requirements relating to your use of
the California Link Web Site or information provided to or
gathered by California Link with respect to such use. If any
part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the
entire agreement between the user and California Link with
respect to the California Link Web Site and it supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and California
Link with respect to the California Link Web Site. A printed
version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business
documents and records originally generated and maintained in
printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the California Link Web Site are: Copyright 2007
California Link (Pvt) Ltd. and/or its suppliers. All rights
reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may
be the trademarks of their respective owners.
The example companies, organizations, products, people and
events depicted herein are fictitious. No association with any
real company, organization, product, person, or event is
intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United
States copyright law should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE. |