TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS
SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF
USE, PLEASE DO NOT USE THIS SITE.
1. General. This site is owned and operated by JVL Corporation
(hereafter 'JVL'). JVL has the right at any time to change or discontinue any
aspect or feature of the site, including, without limitation, the content,
hours of availability, and equipment needed for access or use of the site.
These terms of use apply to all users of JVL web site.
2. Equipment. You shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access to and use
of the site and all charges related thereto.
3. Restrictions on Use.
A. You shall use the site for lawful purposes only. You shall not post
or transmit through the site any material that (i) violates or infringes in any
way upon the rights of others, (ii) is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, or (iii) encourages conduct that would constitute a
criminal offence, gives rise to civil liability or otherwise violate any law.
Without JVL's express prior approval, you shall not post or transmit through
the site any material that contains advertising or any solicitation with
respect to products or services. You shall not use the site to advertise or
perform any commercial solicitation, including, without limitation, the
solicitation of users to become subscribers of other on-line information
services. Any conduct by you that in JVL's discretion restricts or inhibits any
other user from using or enjoying the site will not be permitted.
B. The site contains copyrighted material, trademarks and other
proprietary information, including, without limitation, text, software, photos,
video, graphics, music and sound, and the contents of the site are copyrighted
under the United States and Canadian copyright laws. You may not modify,
publish, transmit, display, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content, in whole or in
part. No copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express
written permission of JVL and the copyright owner. In the event of any
permitted copying, redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend or copyright
notice shall be made. You acknowledge that you do not acquire any ownership
rights by downloading copyrighted material.
C. You shall not upload, post or otherwise make available on the site
any material protected by copyright, trademark or other proprietary right
without the express permission of the owner of the copyright, trademark or
other proprietary right and the burden of determining that any material is not
protected by copyright rests with you. You shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary rights, or
any other harm resulting from such a submission. By submitting material to any
public area of the site, you automatically grant, or warrant that the owner of
such material has expressly granted JVL the royalty-free, worldwide, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, display, translate and distribute such material (in whole or in part)
and/or to incorporate it in other works in any form, media or technology now
known or hereafter developed. You also permit any other user of the site to
access, view, store or reproduce the material for that user's personal use. You
grant JVL the right to edit, copy, display, publish and distribute any material
made available on the site by you.
D. The foregoing provisions of Section 3 are for the benefit of JVL,
affiliates and its third party content providers and licensors and each shall
have the right to assert and enforce such provisions directly or on its own
behalf.
4. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
NEITHER JVL, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
B. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM
THE USE OF THE SITE.
C. IN NO EVENT WILL JVL, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE
IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER
LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR
SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS
OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL JVL's
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY
(INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS SITE.
D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT JVL IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
5. Monitoring. JVL shall have the right, but not the obligation, to
monitor the content of the site, to determine compliance with these Terms of
Use and any operating rules established by JVL and to satisfy any law,
regulation or authorized government request. JVL shall have the right in its
sole discretion to edit, refuse to post or remove any material submitted to or
posted on the site. Without limiting the foregoing, JVL shall have the right to
remove any material that JVL in its sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable.
6. Indemnification. You agree to defend, indemnify and hold harmless JVL
and its affiliates and their respective directors, officers, employees and
agents from and against any and all claims, actions, demands, damages, costs,
liabilities, losses and expenses (including reasonable attorneys' fees) arising
out of your use of the site.
7. Trademarks. JVL, www.JVL-Ent.com, and all page headers, custom
graphics and button icons are service marks, trademarks, and/or trade dress of
JVL. All rights reserved. All other trademarks appearing on the site are the
property of their respective owners.
8. Third Party Content. Any opinions, advice, statements, services,
offers, or other information or content expressed or made available by third
parties, including information providers and users, are those of the respective
author(s) or distributor(s) and not of JVL. In many instances, the content
available through the site represents the opinions and judgments of the
respective information provider or user. JVL neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice or statement
made on the site by anyone other than authorized JVL employee spokespersons
while acting in their official capacities.
9. Changed Terms. JVL has the right at any time to change or modify
these Terms of Use applicable to use of the site, or any part thereof, or to
impose new conditions. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which may be given by any
means including, without limitation, posting on the site, or by electronic or
conventional mail, or by any other means. Any use of the site by you after such
notice shall be deemed to constitute acceptance of such changes, modifications,
additions or deletions.
10. Miscellaneous. These Terms of Use shall be construed in accordance
with the laws of Ontario, without regard to its conflict of laws rules. No
waiver by either party of any breach or default hereunder shall be deemed to be
a waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal import.
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