Please read this agreement carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the Second Bind (“Second Bind”) web site (the “Web Site”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Web Site. Second Bind may amend these terms and conditions from time to time. Your access to or use of the Web Site indicates your acceptance of these Terms and Conditions. You acknowledge to use this Web Site at your own risk.
This Web Site is owned and operated by Second Bind, and, unless otherwise noted, Second Bind owns the copyright in all materials provided here. No material from this Web Site may be copied, modified, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as explicitly provided below. Modification of the materials or use of the materials for any purpose other than those purposes explicitly permitted below is a violation of Second Bind copyright and/or other proprietary rights. You shall not copy or adapt the HTML code that is used to generate this Web Site. The use of any materials from this Web Site on any other Web Site or networked computer environment is prohibited unless permission is obtained in writing from Second Bind. The Web Site itself, including all textual and graphic content, is copyrighted by Second Bind, with all rights reserved.
The trademarks and service marks (“Trademarks”) used or displayed on this Web Site are registered and/or unregistered trademarks of Second Bind, unless otherwise noted. Nothing in this Web Site should be construed as granting-by implication, estoppels, or otherwise-any license or right to use any Trademarks displayed on the Web Site without the express written permission of Second Bind or the trademark owner. The name “Second Bind” and any of the Second Bind logos may not be used in any way without the express written permission of Second Bind.
You may view and download a single copy of the information contained in this Web Site for the purpose of this paragraph (the “Materials”) on a single computer for your personal, non-commercial internal use only. This is a revocable license, not a transfer of title, and is subject to the following restrictions: you may not (i) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (ii) decompile, reverse engineer, or disassemble the Materials; (iii) remove any copyright, trademark registration, or other proprietary notices from the Materials; or (iv) transfer the Materials to another person.
You may not use this Web Site in order to transmit, distribute, store or destroy material (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (iii) in a manner that is defamatory, obscene, threatening, abusive or hateful.
You are prohibited from violating or attempting to violate the security of this Web site, including, without limitation, (i) accessing data not intended for you or logging into a server or account which you are not authorized to access, (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to this Web Site, overloading, “flooding”, “spamming”, “mail bombing”, or “crashing”, (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Second Bind will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
As one of the conditions of your use of this Web Site, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) this Web Site for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of this Web Site complies with these terms and conditions (the “Terms and Conditions”) and to seek prior written consent from Second Bind for any uses not permitted or not expressly specified herein.
Second Bind specifically prohibits any use of this Web Site, and you hereby agree not to use this Web Site, for any of the following:
Second Bind disclaims and forever waives any and all responsibility for the contents of any site hot linked to this Web Site, and assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this web site or any linked site or any downloading of a linked site.
This Web Site contains links to sites that are not maintained by Second Bind. While we try to include links only to those sites, which are in good taste and safe for our visitors, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in this Web Site does not imply our endorsement of the linked site. If you decide to access linked third-party web sites, you do so at your own risk. In addition, you acknowledge and agree that Second Bind does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You also acknowledge and agree that any reliance by you on the material on this web site will be at your own risk, and you assume all risks associated with dealing with other users with whom you come in contact through the web site.
This Website is for informational purposes only. The materials and information found on this website are provided as is. Without warranty of any kind, either express or implied, including without limitation, any warranty for information, services or products provided through or in connection with this website and any implied warranties or merchantability, fitness for a particular purpose, expectations of privacy of non-infringement. Second Bind does not warrant that the functions contained in the materials on this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. Second Bind does not warrant or make any representations regarding the use or the results of the use of the materials on the Website in terms of their correctness, accuracy, reliability, or otherwise.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God/act of nature, communication line failure, disaster, destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action. You specifically acknowledge and agree that Second Bind is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and we reserve the right to remove such materials from this Web Site without liability.
Limitation of liability under no circumstances, including but not limited to negligence, shall Second Bind be liable for nay special or consequential damages that result from the use of, or the inability to use, the materials in this Website, even if Second Bind or its authorized representative has been advised of the possibility of such damages. In no event shall Second Bind total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Website.
We may terminate this license of use of our Web Site at any time if, in our sole discretion and judgment, you fail to comply with any term or provision of this agreement. Upon termination, you shall destroy any materials obtained from this Web Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Second Bind as a result of this Agreement or use of this Web Site.
You agree to defend, indemnify, and hold harmless Second Bind, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the materials or your breach of the terms of this agreement. Second Bind shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense and in our discretion, in defending any such claim, suit or proceeding.
Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or provincial court located in the City of Toronto, Ontario. You expressly waive and are estopped from asserting any right to pursue any claim against Second Bind relating to this Agreement in any forum or venue located outside Toronto, Ontario. In the event of the filing of any such claim, you stipulate to the transfer of the filing to any appropriate or available forum or court in Toronto, Ontario, at our sole discretion. Use of this 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.