| Terms And Conditions |
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Terms of Use 1. Overview 1.0 Overview This Web site (the "Site") is owned by OptiDirectory Inc. ("OptiDirectory") and the online content and services available on the Site (the "OptiDirectory Content") is made available on the following terms and conditions of service (the "Terms"). By using the Site you accept these Terms. OptiDirectory may revise these Terms at any time by updating this posting. Your use of the Site, or any service on the Site, after posting of modification to the Terms, will constitute your acceptance of the Terms as modified. This Site is for informational purposes only. The services of this Site are provided on an "as is" basis and without warranty. OptiDirectory.ca does not guarantee that the service will meet the users need or that it will be error-free and without interruption. This web Site contains links to other web sites. We make no representation as to the accuracy, integrity or value of the information contained in these links. OptiDirectory expressly disclaims all liability with respect to actions taken based upon any or all of the information on the Site. 2.0 User Assent to Terms and Conditions of Service In using the Site, you represent and agree that you have read and agree to be bound by the Terms and shall: (i) comply with U.S. and Canadian law regarding the transmission of any data obtained from the Site in accordance with the Terms; (ii) not use the Site for illegal purposes, (iii) not use the Site or any OptiDirectory Content for any commercial purposes; and (iv) not interfere with or disrupt networks connected to the Site. 3.0 Privacy Policy/Data Protection Your privacy is important to us. OptiDirectory' use of personal information supplied by you when using this Site is governed by our privacy policy. 4.0 Any material posted on the Site will become the property of OptiDirectory and OptiDirectory shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to the Site you agree the OptiDirectory has the right to publish the material for any type of use as outlined above including promotional and advertising purposes. You shall not submit or otherwise publish any content which : a) libels, defames, invades privacy, or is obscene, pornographic, abusive or threatening; You agree to indemnify OptiDirectory and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable lawyer's fees, resulting from your breach of any of the foregoing agreements, representations and warranties. 5.0 Restrictions on Use You may not use the Site for any illegal purpose or in any manner inconsistent with the Terms. You agree to use the Site solely for the noncommercial use and benefit of yourself or your own organization, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. You agree to comply with any other applicable terms and conditions of service set forth on the Site. Except as expressly set out above, you may not copy, reproduce, publish, broadcast, transmit, modify, adapt, create derivative works from, store, archive, publicly display or in any way commercially exploit any of the OptiDirectory Content. Without limitation, you may not do any of the following without prior written permission from OptiDirectory (and may not allow a third party to do any of the same): * Search and retrieve information from OptiDirectory' computer systems using automatic querying, harvesting, crawling, scraping or any similar program; PLEASE NOTE THAT, IN ADDITION AND WITHOUT PREJUDICE TO THE RIGHTS OF OptiDirectory AT LAW TO RESTRICT THE TYPES OF USE REFERRED TO ABOVE, THESE RESTRICTIONS ARE ALSO CONTRACTUAL IN NATURE AND BIND ALL USERS OF THE SITE. 6.0 Rights Reserved All present and future rights in and to trade secrets, patents, copyrights, trade names, trademarks, service marks, databases, know-how and other proprietary rights of any type under the laws of any governmental authority, including rights in and to all applications and registrations appearing on or relating to the Site (the "IP Rights"), shall, as between you and OptiDirectory, at all times be and remain the sole and exclusive property of OptiDirectory. 7.0 Feedback Submissions We welcome your feedback, but be advised that our policy does not permit us to accept submissions other than those which we have specifically requested. If, despite our request, you send us submissions, the submission shall be the property of the OptiDirectory. 8.0 Intellectual Property You acknowledge that the Site has been developed, compiled, prepared, revised, selected and arranged by OptiDirectory through the application of methods and standards of judgment requiring substantial time, effort and money and constitutes valuable intellectual property of OptiDirectory. The Site, including but not limited to text, content, photographs, video, audio and graphics, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Canada, the U.S. and other countries. All individual elements making up the Site are copyrighted works and the Site is protected as a collective work or compilation under Canadian & U.S. copyright and other laws and treaties. You acknowledge that you have no ownership rights in or to any proprietary rights and agree to abide by all applicable copyright and other laws in regard to the contents of the Site. 9.0 License By accessing the Site, you acquire no rights or licenses in or to the Site or materials (the "Content") contained therein other than the limited right to utilize the Content on the Site in accordance with the Terms. If you submit material to the Site, you grant OptiDirectory a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicenseable right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, copy, and display the Content throughout the world in any format. Disclaimer of Warranty and Limitation of Liability 10.1 You agree that your use of the Site is at your sole risk and acknowledge that the Site and anything contained therein, are provided "AS IS" and that OptiDirectory excludes all warranties, express or implied relating to the Site to the fullest extent permissible pursuant to applicable law. This includes, but is not limited to, any implied warranty that the information it contains is accurate or up-to-date or is suitable for any particular purpose. OptiDirectory does not warrant or make any representations regarding the use or the results of the use of the Site information in terms of their correctness, accuracy, reliability or otherwise. You (and not OptiDirectory) assume the entire cost of all necessary servicing, repair or correction. You hereby disclaim all warranties by OptiDirectory relating to your Site use. OptiDirectory shall not be liable for any loss or damage suffered as the result of the use of this Site. Without limiting the generality of the foregoing, under no circumstances will OptiDirectory be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, loss of profits, litigation, or the like) special, exemplary, punitive or other damages under any legal theory, arising out of or in any way relating to the Site, your Site use, or the Content even if advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site and/or Content is to cease all of your Site use. 10.2 Your use of assistance given by our staff shall be solely at your own risk. 10.3 OptiDirectory does not warrant that the Site will operate error-free. 10.4 In no event shall OptiDirectory be liable for any damages resulting from the use or inability to use the Site. 11.0 Indemnification You expressly agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, agents, shareholders, representatives, subsidiaries, affiliates and assigns from and against any and all losses, costs, claims, suits, obligations, demands, damages, liabilities and expenses (including, but not limited to, court costs, reasonable attorney, paralegal and expert witness fees) arising in connection with the breach of the Agreement, your use of the Web Site or the breach of any third party intellectual property rights, regardless of the sole and/or comparative negligence or other fault or responsibility of the Company or its officers, directors, employees, agents, shareholders, representatives, subsidiaries, affiliates and assigns. Such indemnity shall continue in full force and effect notwithstanding the termination of the Agreement or your discontinuance of use of the Web Site 12.0 Links to Other Sites OptiDirectory is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. Such Web sites are not investigated, monitored or checked for accuracy or completeness by OptiDirectory. Inclusion of any linked Web site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our site and access these third party sites, you do so at your own risk. 13.0 NO USERS UNDER 18 YEARS OF AGE The site is not designed to be used by children under eighteen (18) years of age. By submitting any personal information, you represent, warrant and covenant that you are at least eighteen (18) years old. Anyone eighteen (18) years of age or under may visit the site as a guest, but should under no circumstances submit or post to the site any personal information. OptiDirectory believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. 14.0 Miscellaneous 14.1 Other areas of this Site are subject to additional terms of use. You agree to be bound by these additional terms of use. 14.2 You acknowledge that OptiDirectory has the right to change the content or technical specifications of the Site at any time at OptiDirectory' sole discretion. You further accept that such changes may result in your being unable to access the Site. 14.3 These Terms shall be governed and construed in accordance with the laws of Canada in the Province of Ontario, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the provincial and federal courts located in Durham Region, Ontario, with respect to any legal proceedings arising out of this agreement or your use of the Site and waive any objection to the propriety or convenience of venue in such courts. 14.4 In the event a court or other tribunal of competent jurisdiction shall hold any of the provisions of this Agreement to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that his Agreement shall otherwise remain in full force and enforceable. 14.5 Official Correspondence must be sent via postal mail to: OptiDirectory Inc., 120-2377 Highway #2, Suite #440, Bowmanville, ON, L1C 5E2 Attn.: Legal department 15.0 OptiDirectory policy on slanderous, critical or negative recommendations GigPark is a place to tell your friends about your favourite local businesses, and to find the local businesses you friends trust and love. Because of this we don't ask members to review all of the thousands of businesses out there, we encourage them to recommend only the very best. OptiDirectory.ca is monitored several times a day for slanderous, critical or negative recommendations. If a negative recommendation is found, we email the recommender to confirm that it is a legitimate - i.e. it was created by a real person with a valid email address who stands behind the opinion they expressed. If the recommendation is confirmed, we treat it exactly the same as all other recommendations we celebrate another helpful opinion. If the recommendation is not confirmed within 24 hours we remove it. Our point of view is that a false comment written by a person with an obvious agenda is not helpful to the community. OptiDirectory.ca is intended as a place for local businesses to promote themselves. |
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