| Terms and Conditions of Use of Site
Please read these Terms and Conditions carefully before using this Site.
Last Updated on October 28, 2008
This web site (this "Site") is provided by IAPA conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By accessing, using, and/or downloading messages, information, data, text, software or images, or other materials from this Site (the "Materials"), and by sending messages, information, data, text, software or images, or other materials to the Site ("Content"), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or use Materials from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with IAPA. In case of inconsistency between these Terms and Conditions
and any other agreement you may have with IAPA, the other agreement shall prevail, but only to the extent of the inconsistency.
Types of Users
Please be aware that certain activities on this Site, such as entry to the Member Area, are available only to persons who have purchased a software license from IAPA ("Licensees").
1. Changes to this Site
IAPA may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features, at any time without notice or liability; (ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials on or from this Site; or (iv) imposing limits on certain features and Services or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. IAPA reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.
2. Proprietary Rights
Limited License and Copyright. This Site, including all Materials, is protected by Canadian and 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, IAPA does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of IAPA.
Trademarks. The Services names, company names and logos used on this Site may be trademarks, including registered trademarks of IAPA. Such Services names, company names and logos of IAPA may not be copied, imitated or used, in whole or in part, without the prior written consent of IAPA. Other services and company names mentioned on this Site may be the trademarks of their respective owners.
Reservation of Rights. IAPA' Services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. IAPA reserves all such rights.
Software. Any software, including calculator software, as well any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of IAPA or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
3. User Conduct
Subject to these Terms and Conditions, IAPA grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Materials thereon, solely for your own personal or internal company use.
In using the Site, including all Services and Materials available through it, you agree not to:
- disrupt or interfere with any other user's enjoyment of the Site;
- upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
- disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site.
- create a false identity;
- use or attempt to use another's account, password, service, or system without authorization from IAPA;
- register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
- access or attempt to access any Material which you are not authorized to access;
- remove, from any copy of the Materials downloaded, the copyright or other proprietary notices contained in the Materials
- sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Materials on any other web site;
- use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part;
- transmit on, to or from this Site Spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
- harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent
4. License to IAPA for User Content
Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site, you grant IAPA one of the following types of licenses:
Type 1. For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, such as examples of work you have done using IAPA products, you grant IAPA a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant IAPA the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site. You acknowledge and agree that any User Content you submit to IAPA's Community forum or member areas, may be downloaded, modified, reproduced, and distributed by users of this Site.
Type 2. For User Content such as comments to the IAPA Community forum, bug reports, piracy reports, or product suggestions, you grant IAPA and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that IAPA is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (i) you have posted your identity yourself on our Community message board or elsewhere on the Site; (ii) you grant us permission to do so; (iii) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (iv) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (v) we
believe it necessary in order to protect the rights of IAPA or others.
5. Prohibited Communications
You may submit only User Content to the Site that is (i) owned by you, (ii) submitted with the express permission of the owner or within the scope of the license to such content, or (iii) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
6. Managing Content and Communications
IAPA may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Content.
To the maximum extent permitted by law, IAPA will have no liability related to User Content or Design Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. IAPA also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content or Design Content.
7. Registration and Password
You are responsible for maintaining the confidentiality of your registration information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify IAPA of any unauthorized use of your registration or password.
8. Links and Third Party Content
Certain links on this Site may take you to other web sites. IAPA provides these links only as a convenience. These linked sites are not necessarily under the control of IAPA. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
IAPA is not responsible for the contents of any such linked page or any other page not under its control. IAPA makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that IAPA 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 IAPA.
9. Linking Agreement
IAPA generally does not object to links to the IAPA web site from third party sites. However, there are certain conditions that must be followed:
- You may not use any of IAPA names, logos, designs, slogans, graphics or photos in or with your links, except that you may link to the IAPA site using the plain text name of our site or a graphic provided by us to you expressly for that purpose. IAPA Link Graphics.
- Do not present the link to the IAPA site in any way that suggests IAPA has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, without the prior express written permission for a particular use from the IAPA.
- IAPA asks that you link only to the home page/first page of this site. Please do not incorporate any content from this site into your site (e.g., by in-lining or framing).
- Do not use any IAPA logos, images, or any other words or codes identifying IAPA web site in any "metatag" or other information used by search engines or other information location tools to identify and select sites, without IAPA's express written permission for a particular use.
IAPA shall have no responsibility or liability for any content appearing on your web site;
IAPA may at any time, in its sole discretion, immediately terminate your license to use the Licensed Marks and your right to link to this Site, with or without cause. If IAPA exercises this right, you will immediately remove all links to this Site and cease using the Licensed Marks; IAPA may amend these Link Conditions at any time. You agree to abide by these Link Conditions and other legal terms and conditions on this Site, as amended from time to time.
The information contained in this material is provided voluntarily as a public service. No warranty, guarantee or representation is made by IAPA as to the correctness, suitability, fitness, or sufficiency of any information contained in this material. Use of this material means that the user agrees that IAPA and its employees will not have and are released from any liability whatsoever, however caused or arising, in connection therewith. Users also acknowledge that it cannot be assumed that all acceptable safety measures are contained in this material or that additional measures may not be required in the conditions or circumstances that are applicable to the user or his/her organization, and that the user will personally make his/her own assessment of the information contained in this material.
While IAPA does not undertake to provide revision service or guarantee accuracy, we shall be pleased to respond to your individual requests for information.
12. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will we be liable to you, your users or any third party for any indirect, special, consequential, incidental or exemplary damages whatsoever or howsoever caused, including but not limited to loss of revenue or profit, lost or damaged data, lost savings, loss of use, business interruption or any other punitive, exemplary, aggravated or economic damages arising out of the this site provided by us or otherwise related to these terms, or other pecuniary loss whether based in contract, tort or other cause of action, even if we have been advised of the possibility of such damages. In no case will our total liability arising under any cause whatsoever (including, without limitation, breach of contract, negligence, gross negligence, or otherwise), whether in contract or tort, under or related in any way to this agreement or the use of this site exceed $100.
The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
You agree to indemnify, defend and hold harmless Us, Our directors, officers, shareholders, employees, affiliates, subsidiaries, parents, agents, advisors, representatives, successors and assigns and each of their respective officers, directors, shareholders, employees, affiliates, subsidiaries, parents, agents, advisors, representatives, successors and assigns from and against any claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting from Your use and the Users' use of the Site or any violation by You or Your Users of this Site.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, without regard to the United Nations Convention On Contracts for the International Sale of Goods and conflict of laws provisions, if applicable, and the parties hereby irrevocably attorn to the jurisdiction of the courts of that province.