Legal

Welcome to the Clytan website. Clytan owns and operates this Site to provide information and online services to its users. The following is a legal agreement (“Agreement”) between Clytan and you. By accessing or using this Site you acknowledge that you have read, understood, and agree to be bound by this Agreement. Please read this Agreement carefully because the terms are binding upon you. If you are a regular user of this Site, please check this Agreement for updates. It governs your use of the Site and Service. We may also post additional terms and conditions that apply to specific Site areas. These area-specific terms and conditions are incorporated into the Agreement. We may change this Agreement at any time by posting the amended Agreement on the Site. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. Please read this Policy carefully and be aware that we may change it at any time. As a result, we suggest you check back regularly to this page to be apprised of any updates or changes. We last revised this Agreement on 1 December 2005. You may print out from the Site two copies of pages of content from the Site for your own personal or business use, provided you do not publish, copy, or otherwise re-transmit what you have printed out from the Site – see Copyright below for full details.

No Unlawful or Prohibited Use
You agree not to use the Service for any purpose that is unlawful or prohibited by this Agreement. You agree not to post or submit on this Site, any material that:

(a) infringes or may infringe on anyone else’s copyright, trade secret, trademark, or other intellectual property rights;

(b) violates or may violate others’ privacy or publicity rights;

(c) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another party;

(d) impersonates another person; or

(e) breaches any obligations of confidentiality or any other contractual obligation you may owe to any third parties.

You further agree not to submit any materials that contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information. You may not try to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy pages of this Site or the content contained on it without our express prior written permission.

We may (but need not) monitor, edit, or remove any content from this Site that violates this Agreement.

Disclaimer of Warranties
THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE PROVIDE THIS SITE “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SERVICE; THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIALS INCLUDED ON THE SITE OR THIS SERVICE; OR OTHERWISE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT:

(A) THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

(B) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE, OR

(C) THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU AGREE THAT CLYTAN SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE. YOU AGREE THAT CLYTAN IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

CLYTAN DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU DOWNLOAD ANY MATERIAL THROUGH THE USE OF THE SERVICE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLYTAN OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability
CLYTAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CLYTAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RESULTING FROM OR IN ANY WAY CONNECTED WITH:

(A) THE USE OR THE INABILITY TO USE, ANY DELAY IN, OR THE PERFORMANCE OF THE SERVICE;

(B) THE COST OF PROCURING SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM, THE SERVICE;

(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR

(E) ANY OTHER MATTER RELATING TO THE SERVICE OR THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTAIL DAMAGES. ACCORDINGLY SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR OF THIS AGREEMENT, YOUR EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE.

Export/Import Restrictions and Tariffs
Access to this Site may not be provided by you to anyone for use in any country or used in any manner prohibited by Canada’s export laws or any other country’s export laws, restrictions or regulations. Furthermore, you agree to comply with any import laws, rules, and regulations of the countries and jurisdictions where you access and use this Site or receive copies of any technical information or other materials. You agree to indemnify Clytan and hold Clytan harmless from any fines or other penalties, as well as any tariffs, import or export taxes, levied with respect to your use of this Site by jurisdictions in which you access and use it, or from which you export information from this Site, or for any violation of the requirement not to provide access to and use of this Site for use in any country prohibited by Canada’s export laws or any other export laws, restrictions, or regulations.

Termination
You agree that Clytan, in its sole discretion and without notice, may terminate your access to or use of the Service or any portion thereof, and remove and discard any content within the Service, at any time and for any reason, including, without limitation, if Clytan believes that you have violated or acted inconsistently with this Agreement. Clytan may prohibit or restrict access to the Service to anyone at any time, with or without cause. Clytan may also in its sole discretion and at any time discontinue providing the Service, or any part of it, temporarily or permanently. Clytan will make reasonable commercial efforts to provide notice of any such discontinuation to you. You agree that Clytan shall not be liable to you or any third party for any termination of your access to the Service or for any modification, suspension, or discontinuation of the Service.

Copyright
Canadian and international copyright laws and treaties protect this Site and its content. You agree to comply with all copyright laws in your use of this Site and to prevent any unauthorized copying of this Site and its contents. The copyright in all material provided on this Site is held by Clytan or by the original creator of the material.

You may print out from the Site two copies of pages of content from the Site for your own personal or business use, provided you do not publish, copy, or otherwise re-transmit what you have printed out from the Site. Beyond this limited permission to print content, you may not copy, reproduce, distribute, republish, download, display, post, or transmit any Site content or software in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of Clytan or the copyright owner. You may not “mirror” or “frame” any material contained on this Site without Clytan’s express prior written permission. Except as expressly provided in this Agreement, Clytan does not grant any express or implied right to you under any patents, trademarks, copyrights, or other similar rights.

Indemnification. You hereby agree to indemnify, defend, and hold harmless Clytan and its director, customers, suppliers, service providers, and employees from and against all claims, demands, and damages (including actual and consequential), of every kind and nature whether known or unknown arising out of or relating to:
(a) your posting of any content on, or your use of, the Service or this Site in violation of this Agreement;

(b) any other breach of this Agreement by you; or

(c) your violation of any law or the rights of a third party.

Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be struck from the Agreement and the remaining provisions shall be given full force and effect.

International Users
This Site is controlled, operated, and administered by Clytan from its office within Mississauga, Canada. Access to the Site from territories where the Site’s contents are illegal is prohibited. If you access this Site from locations outside of Canada, you are responsible for compliance with all local laws.

By accessing and using this Site you agree to this Agreement.