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This Agreement (the "Agreement") governs your access and use of
KWPages facilities, website and service (the "Service"). In consideration for
your right to access and use the Service, you and KWPages agree as follows:
1. ACCEPTANCE OF TERMS
By clicking the "I Accept" button below, you agree to be bound by the terms
of this Agreement and any modifications made to it in accordance with Section 19
below.
2. THE KWPages SERVICE
The KWPages Service is an online application, enabling businesses and
individuals to store information to a central place that they can access at a
future time. You understand and agree that the Service is provided "AS-IS" and
that KWPages assumes no responsibility for, among other things, (1) any service
outages or interruptions (2) the unavailability of particular links, features or
services, (3) the inability to access the Service, (4) the failure or inability
to post materials to the Service, (4) the deletion of materials posted to the
Service or (5) the failure to store materials posted to the service.
3. REGISTRATION
To take advantage of the Service's full capabilities users must register with
KWPages. You may register as a User at Register. If you choose to
register, you agree that you will supply KWPages with the information requested
in the registration process, ensure that the information supplied is accurate,
and update the information as necessary to ensure that it remains accurate.
Information supplied in the registration process, as well as other information
provided to KWPages during your use of the Service is governed by KWPages's
privacy policy that can be viewed at http://www.kwpages.com/privacy_policy.aspl. During the
registration process, you will be asked to select a password for your individual
account. You are solely responsible for maintaining the confidentiality of your
password. You agree that anyone with whom you share your password will abide by
this Agreement, and that you will be liable for the conduct of those using your
account and password. You are encouraged to and may change your password at any
time by visiting The Security Options menu of the KWPages tab of the My Profile
section. If you learn of any unauthorized use of your account or password, you
agree to notify KWPages immediately by submitting Hacking Reports.
4. CONTENT ACCESSIBLE ON THE SERVICE
The KWPages Service contains a huge variety of information, data, messages,
directions, computer programs, pictures, audio/visual works and other materials
(the "Content") that users post. Please use caution and common sense when
viewing KWPages communities. You understand and agree that any Content posted on
the Service is the exclusive responsibility of the person who posted or uploaded
it, and that you will be solely responsible for any Content that you upload,
post, email or otherwise transmit via the Service. You acknowledge that KWPages
is not responsible for, does not control, does not endorse and does not verify
the Content posted to the Service or available through the service, and that it
makes no guarantee regarding the reliability, accuracy, legitimacy or quality of
any such Content. You agree that you will bear any and all risk of reliance on
the accuracy, validity or legitimacy of such Content. Under no circumstances
will KWPages be liable in any way to you for any Content, including, but not
limited to, any errors or omissions in any Content or any loss or damage of any
kind incurred as a result of the use of any Content posted or otherwise
transmitted via the Service.
You acknowledge that KWPages does not pre-screen Content, but agree that
KWPages shall have the right (but not the obligation) to access any Content, and
remove or restrict access to any Content on the Service in its sole discretion
and without notice or compensation. Without limiting the foregoing, KWPages shall
have the right to access any Content and remove or restrict access to any
Content that violates this Agreement or that KWPages believes is otherwise
objectionable.
You acknowledge and agree that KWPages may preserve or disclose any Content if
it reasonably believes disclosure is required by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce this Agreement; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of KWPages, its users and the public.
5. LICENSE GRANTED TO KWPages
You grant KWPages the world-wide, royalty free and non-exclusive license to
reproduce, modify, adapt, distribute and publish any Content you
post/upload/contribute to the Service, for the purposes of displaying such
information on KWPages's sites and for the promotion and marketing of KWPages's
services. However, KWPages will not resell, attempt to resell, or otherwise
convey these rights to any third party.
6. USER CONDUCT
You agree to not use the Service to: (a) violate or solicit the violation
of any applicable local, state, national or international law; (b) infringe the
rights of any third party, including but not limited to intellectual property
rights and privacy or publicity rights (c) upload, post, email or otherwise
transmit any Content that (1) is unlawful, threatening, abusive, tortious,
defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of
instructional information on illegal activities, including, but not limited to,
hacking, cracking, and phreaking; (3) violates or infringes in any way upon the
proprietary rights of others, including, without limitation, copyrighted
software, music, photographs, text, videos or artwork; (4) constitutes
pornography, or sexual material of an obscene nature or that violates local,
state or national laws; (5) is the private information of another such as their
addresses, phone number, Social Security number or credit card number; (6)
contains software viruses, Trojan horses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment; or (7) you do not
have a right to upload or post due to contractual or other legal
obligation. (d) impersonate any person or entity, including, but not limited
to, an KWPages official, another user, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity; (e) forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service; (f) interfere with or disrupt
the Service, computer servers or boards accessible through the Service; (g)
disseminate off-topic Content promoting any product, service, web site, venture,
or promote Content on the Service through unsolicited electronic mail messages
to third parties. If you do use the Service to commit any of the above,
KWPages may, at its sole discretion, terminate your password, account (or any
part of it) or ability to use the Service, and remove and discard any Content
within the Service.
7. MEMBER DISPUTES
You are solely responsible for your interactions with other users of the
Service. KWPages reserves the right, but has no obligation, to monitor disputes
between you and other users of the Service.
8. CREATION OF CONTENT
In using the Service to create or make accessible Content, you agree to use
your best efforts to ensure that individuals posting Content to the Service
comply with Paragraph 6 of this Agreement, and agree to take action to remove or
disable access to any Content on the Service that violates Paragraph 6 of this
Agreement.
9. COMMUNITY-SUPPORTED COMMUNITIES PROGRAMS
By signing up to be a registered user or administrator, you agree to the
following: (a) You expressly understand and acknowledge KWPages's Disclaimer
of Warranties under Section 13 below and that KWPages will not be liable for any
damages under this Agreement pursuant to the Limitations of Liability in Section
14 below. You expressly understand and acknowledge that the pricing reflected in
the Advertising program is based on the above limitations, and that the
limitations in this Section 9(a) represent a reasonable allocation of risk for
the parties. (b) You expressly understand and acknowledge that any fees due
or paid by you under the Advertising program are non-refundable in part or in
whole. KWPages currently accepts payment by check, money order, or PayPal, and
reserves the right to modify its acceptable forms of payment at any time without
notice. (c) You expressly understand and acknowledge that KWPages may change
your privileges as a user or administrator of the Advertising program and that
KWPages reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Advertising program (or any part of
it) with or without notice. You acknowledge that KWPages shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Advertising program.
10. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE
You agree that KWPages may establish, in its sole discretion, any limitations,
conditions or rules concerning use of the Service, including, for example, the
maximum number of links a user may post to a given topic or topics or the
Service in a given day, the number of days that posted Content will be
available, or the maximum size of a given post. You acknowledge that KWPages has
the right to change these general practices and limits at any time, in its sole
discretion, with or without notice.
11. MODIFICATION AND TERMINATION OF SERVICE
KWPages reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part of it) with or
without notice. You agree that KWPages shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service. You
agree that KWPages, in its sole discretion, may terminate your password, account
(or any part of it) or ability to use the Service, and remove and discard any
Content within the Service, for any reason or for no reason, including, without
limitation, for lack of use, or for violating the letter or the spirit of this
Agreement. You agree that any termination of your access to the Service may be
immediate and without prior notice. You further agree that KWPages shall not be
liable to you or any third-party for any termination of your use or ability to
access the Service. Specific reasons for such limitation or termination include,
but are not limited to the following: (a) circumventing any KWPages banner
display. Subscribers to our "no-ad banner option" are exempt from this
requirement. (b) using in the registration of your KWPages membership an
email account that is not your own or that is or becomes inactive. (c)
reproducing, distributing, republishing or retransmitting material posted by
other KWPages members without the prior permission of such members. KWPages
reserves the right to take any action it deems necessary with respect to your
KWPages or user account if we have reason to believe it may cause us to lose the
services of our ISP or suppliers.
12. OTHER WEB SITES AND RESOURCES
Third parties using the Service may provide links or access to other web
sites and resources. Because KWPages has no control over such sites and
resources, you acknowledge and agree that KWPages is not responsible for the
availability of such sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge and agree
that KWPages shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or through any such
site or resource.
13. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, use of the Service, access to the Service or any of the
Content accessible through the Service, other than Content as to which you hold
the intellectual property rights.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS
AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. KWPages EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b)
KWPages MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION 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. (d) NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY BY KWPages. 15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KWPages SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF KWPages HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE. 16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY
TO YOU.
17. INDEMNITY
You agree to indemnify and hold KWPages, and its subsidiaries, affiliates,
officers, agents, employees, and contractors harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post to or transmit through the Service, your use of
the Service, your connection to the Service, your violation of the law, this
Agreement or the rights of another.
18. NOTICES
Notices to you may be made via either email or regular mail. KWPages may also
provide notices of changes to this Agreement or the Service by displaying
notices or links to notices to you generally on the Service.
19. LEGAL DISPUTES
This Agreement and your relationship with KWPages shall be governed by the
laws of the Province of Ontario without regard to its conflict of law
provisions. You and KWPages agree to submit to the personal and exclusive
jurisdiction of the courts located within the Municipality of Waterloo, Ontario,
Canada agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the Agreement
must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
20. MODIFICATION
We may amend this Agreement at any time by posting the amended terms on our
site at http://www.kwpages.com/docs/terms/. All amendments shall automatically be
effective 30 days after they are initially posted on our site. Your use of the
Service following the effective date of any modifications shall constitute your
binding acceptance of those modifications. This Agreement may not be otherwise
amended except in a writing signed by an officer of KWPages. This Agreement was
last modified on October 1, 2005.
21. GENERAL
This Agreement constitutes the entire agreement between you and KWPages with
respect to the Service and supersedes all prior agreements and understandings
between you and KWPages. KWPages's failure to enforce any provision of this
agreement will not be construed as a waiver of any provision or right. In the
event that a portion of this agreement is held unenforceable, the unenforceable
portion will be construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties, and the remainder of
the provisions will remain in full force and effect. Paragraphs 13, 14, 15, 16
and 17 of this Agreement shall survive any termination of the Agreement. If you
are an Ontario resident, you may have a copy of this Agreement emailed to you by
sending a letter with your email address and a request for the Agreement to:
KWPages, Inc. 5 Bramblewood Street Kitchener,
Ontario Canada, N2N 3N1 Attn: Customer Relations
22. OFFICIAL LANGUAGE - ENGLISH
This AGREEMENT AND THE KWPages site is developed in English and MAY BE
translated into other languages. TO THE EXTENT A TRANSLATION OF THE AGREEMENT OR
THE SITE IS PROVIDED, IT IS AFFORDED AS a convenience only. For all purposes,
only the English VERSION OF THIS AGREEMENT, AND THE ENGLISH VERSIONS OF THE
KWPages SITE SHALL BE OFFICIAL AND BINDING ON THE PARTIES. KWPages, Inc. is not
responsible for the accuracy and correctness of the translation. You are solely
responsible to carefully read AND UNDERSTAND the English text and YOU AGREE THAT
YOU MAY NOT RELY on translations provided AS OFFICIAL DOCUMENTS OR
REPRESENTATIONS.
23. REFUND POLICY
Any money that you pay towards KWPages site is refundable on reasonable cause and that to only within 30 day of purchase time.
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