The following are terms of a legal agreement between you and Omira Group Inc. (herein referred to as "OMIRA"). By accessing, browsing and/or using
this site ("Site"), you acknowledge that you have read, understood, and
agree, to be bound by these terms and to comply with all applicable laws
and regulations, including Canadian export and re-export control laws and
regulations. If you do not agree to these terms, do not use this Site. The
material provided on this Site is protected by law, including, but not
limited to, Canadian Copyright Law and international treaties. This Site
is controlled and operated by OMIRA from its offices within Canada.
OMIRA makes no representation that materials in the Site are appropriate
or available for use in other locations, and access to them from
territories where their contents are illegal is prohibited. Those who
choose to access this Site from other locations do so on their own
initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials
contained herein is governed by the laws of the province of Ontario.
By using this Site, you agree to be bound by any such revisions and should
therefore periodically visit this page to determine the current Terms of
Use to which you are bound.
2. Limitation of Liability
no responsibility for the accuracy or validity of any claims or statements
contained in the information, or related graphics of this site. Further,
OMIRA makes no representations whatsoever about the suitability of any
of the information contained in the information or graphics on this site
for any purpose. All such information and related graphics are provided
without warranty of any kind, either express or implied, including the
warranties of merchantability, fitness for a particular purpose, and
non-infringement. It is your responsibility to take precautions to ensure
that whatever you select for your use by you is free of such items such as
viruses, worms, trojan horses and other items of a destructive nature.
IN NO EVENT SHALL OMIRA, ITS SUBSIDIARIES OR AFFILIATES, OR THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS
(COLLECTIVELY, "OMIRA") BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, INDIRECT, OR OTHER SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO,
LOSS OF DATA, USE, OR PROFITS, HOWEVER CAUSED, WHETHER FOR BREACH OF
CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT OMIRA HAS BEEN
ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
3. Copyright Notices
All materials published or otherwise accessible through this site,
including, but not limited to, news articles, text, photographs, images,
illustrations, audio clips, video clips, software and other materials
(the "Content") are protected by copyright, and are owned or controlled by
OMIRA and any others which may own copyright or the party credited as the
provider of the content. Some of the images on the site are part of the
Holy Cow 250,000 Graphics Collection and are subject to their terms and
conditions. All visitors shall abide by all additional copyright notices,
information and restrictions contained in any Content. All visitors shall
abide by all additional copyright notices, information and restrictions
contained in any content accessed through the Site. Users of this Website
shall be entitled to copy any information for their own personal use but
may not republish or reproduce any such information in any manner,
including electronic reproduction by "uploading" or "downloading", without
the prior written consent of OMIRA. Otherwise, no one has permission to
copy, redistribute, reproduce or republish, in any form, any information
found in the pages of this Website. Any unauthorized downloading,
re-transmission, or other copying or modification of Trade-marks or other
contents of this Website may be a violation of statutory or common law
rights which could subject the violator to legal action.
The trademarks, logos, and service marks, including but not limited to
"Omira Group", and other names, logos and icons identifying OMIRA’s products
and services (collectively the "Trademarks") displayed on the Site, are
registered and unregistered Trademarks of OMIRA and others. Nothing
contained on the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any Trademark displayed
on the Site without the written permission of OMIRA or such third party
that may own the Trademarks displayed on the Site. Your misuse of the
Trademarks displayed on the Site, or any other content on the Site, except
as provided in this Terms and Conditions, is strictly prohibited. You are
also advised that OMIRA will aggressively enforce its intellectual
property rights to the fullest extent of the law, including the seeking of
You agree to defend, indemnify and hold OMIRA and its affiliates and
related companies harmless from any and all liabilities, costs and expenses,
including reasonable attorneys' fees, related to any violation of this
Agreement by you or users of your account, or in connection with the use of
this site or the placement or transmission of any information or other
materials on this site by you or users of your account.
6. Use of the Site
While visiting the OMIRA site you may not post, upload, publish,
reproduce, transmit or otherwise distribute information or other material:
(i) constituting or encouraging conduct that would constitute a criminal
offense or give rise to civil liability;
(ii) which is protected by copyright, or other intellectual property right,
or derivative works with respect thereto, without obtaining permission
of the copyright owner or rightholder;
(iii) otherwise use this site in a manner which is contrary to law including
the posting or transmitting any information or software which contains
a virus, cancelbot, trojan horse, worm or other harmful or disruptive
7. Non-OMIRA Sites
OMIRA makes no representations whatsoever about any other web site which
you may access through this site. When you access a non-OMIRA web site,
you understand and acknowledge that it is independent from OMIRA, and that
OMIRA has no control over the content on any such web site. In addition, a
link to a non-OMIRA web site does not mean that OMIRA endorses or
accepts any responsibility for the content, or the use, of such web site.
8. Site Content
Information provided by OMIRA and other sources on this Website is
believed to be accurate and reliable when placed on this site, but we
cannot guarantee it is accurate or complete or current at all times.
Due to the volatile nature of the computer market, descriptions may not
reflect current technical information. Any typographical, photographic, or
specification error in product, pricing or offers is subject to correction.
We endeavour to keep the pricing, rates and fees posted at this site
current. However that information is subject to change at any time without
notice to users and the posted prices, rates and fees within this site may
not immediately reflect such changes. Information on this site is for
informational purposes only.
All promotions are subject to availability and inventory. OMIRA reserves
the right to change, alter, or cancel promotions at any time without notice.
From time-to-time, such as promotions or online quotes we may ask you for
personal information. We use the personal information you share with us to
ensure the content, services, and advertising that we provide are tailored
to your current and future needs. If you provide OMIRA with your mailing
address or telephone number, OMIRA and its partners may use this
information to alert you to product upgrades, special offers, updated
information, and new services. If you provide your e-mail address, OMIRA
may contact you via e-mail as well. If you do not want OMIRA, our
partners, or selected third parties to contact you, you may opt out when you
provide personal information or contact OMIRA directly.
11. Confidential Information
Agents or contractors of OMIRA who have access to your personal information
and prospect information are required to keep the information confidential
and not use it for any other purpose than to carry out the services they are
performing. Information regarding you (such as name, address and phone
number) or your order and the products you purchase will not be given or sold
to any outside organization for its use in marketing or solicitation without
your consent. Your information may be shared with agents or contractors of
OMIRA for the purpose of performing services for OMIRA.
This Agreement, including any and all documents referenced herein constitute
the entire agreement between OMIRA and you pertaining to the subject
matter hereof. OMIRA's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as a
waiver of any provisions or right. If any of the provisions contained in
this Agreement be determined to be void, invalid or otherwise unenforceable
by a court of competent jurisdiction, such determination shall not affect
the remaining provisions contained herein. This Agreement shall be governed
by and construed in accordance with the laws of the province of Ontario and
the federal laws of Canada applicable therein. The parties have required
that this agreement and all documents relating thereto be drawn up in
English. Les parties ont demandé que cette convention ainsi que tous les
documents qui s'y rattachent soient rédigés en anglais.
OMIRA has no obligation to monitor this site. However, you agree that
OMIRA has the right to monitor this site electronically from time to
time and to disclose any information as necessary to satisfy any law,
regulation or other governmental request, to operate this site properly,
or to protect itself or its subscribers. OMIRA reserves the right to
refuse to post or to remove any information or materials, in whole or in
part, that, in its sole discretion, are unacceptable, undesirable, or in
violation of this Agreement.
Products and services of OMIRA are only offered in jurisdictions where
they may be lawfully offered for sale. All products and services are
subject to the terms of the applicable agreement. The information on this
Website does not constitute an offer or solicitation by anyone in any
jurisdiction in which an offer or solicitation cannot legally be made, or
to any person to whom it is unlawful to make a solicitation. Some
products and services may not be available in all parts of OMIRA’s
territory. Consult an OMIRA sales representative for information
regarding the products and services which may be available to you.
© 1999-2009, Omira Group Inc. All Rights Reserved.