Terms of Use Agreement

Welcome to the KeiBerg Inc. website. BY USING THIS SITE, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS OF USE. PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THIS SITE. The term “KeiBerg” or “us” or “we” or “our” refers to KeiBerg Inc., the owner of this website. The term “you” refers to the user or viewer of this website.

1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement (the "Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. THIS AGREEMENT MAY BE AMENDED BY US AT ANY TIME OR FROM TIME TO TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST AGREEMENT WILL BE POSTED ON THE SITE (AND APPROPRIATELY DATE-STAMPED), AND YOU SHOULD REVIEW ANY AMENDEED AGREEMENT PRIOR TO RE-USING THE SITE. WHETHER OR NOT YOU REVIEW THIS AGREEMENT, IN ITS INITIAL OR ANY AMENDED VERSION, YOU WILL BE BOUND BY ITS TERMS.

2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

3. Service Marks.
"Line Alert" is the trademark of KeiBerg International Inc., and is licensed to us to use in this Site. Other product and company names mentioned on the Site may be trademarks of their respective owners.

4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal and non-commercial purposes (except for commercial dealings that benefit the KeiBerg group of companies); and (c) to print out discrete information from the Site solely for internal, personal and non-commercial purposes (except for commercial dealings that benefit the KeiBerg group of companies) and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) provided in or by the Site is subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any Content and Materials obtained from the Site to develop, of or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any provincial, state, federal or other law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site, or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of Canada or the United States.

6. Forms, Agreements & Documents
We may make available through the Site or through other websites sample and actual forms, checklists, business documents and legal documents (collectively defined as “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes (except for commercial dealings that benefit the KeiBerg group of companies), without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided free of charge and without any representations, warranties or conditions, express or implied, statutory or otherwise, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. The Documents may be inappropriate for your particular circumstances.

7. Registration.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

8. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit, delete or add at any time or from time to time any Documents or any Content and Materials appearing on the Site without notice to you.

9. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You agree that the information and opinions in the third party content represent solely the thoughts of each such third party and are neither endorsed by nor does it necessarily reflect our belief.

10. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

11. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of Documents and/or Content and Materials, attorneys, advertisers, product and service providers, and affiliates (collectively defined as "Affiliated Parties") harmless from and against any and all liabilities, losses, claims and expenses of any nature or kind whatsoever, including reasonable attorney's fees, related to your violation of this Agreement or your use of the Site.

12. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain Documents and/or Content and Materials is not transferable or assignable. You will not reveal your password to any third party, and you will take all reasonable steps to protect your password.

13. Disclaimer.
THE DOCUMENTS AND CONTENT AND MATERIALS PROVIDED FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS", "AS AVAILABLE" AND WITH “ALL FAULTS”, AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE EXPRESSLY DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SITE, DOCUMENTS, CONTENTS AND MATERIALS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE, ANY DOCUMENTS, OR ANY CONTENT AND MATERIALS, EXCEPT AS PROVIDED IN SECTION 14(b). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY LOSSES OR DAMAGES OF ANY NATURE OR KIND WHATSOEVER CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT OR ANY CONTENT AND MATERIALS IS DISCLAIMED.

14. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any nature or kind whatsoever directly or indirectly resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the Documents, Content and Materials contained on the Site, or (e) any delay or failure in performance of the Site.
(b) REGARDLESS OF CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE OR PRODUCTS LIABILITY, OUR MAXIMUM CUMULATIVE LIABILITY AND THAT OF ALL OF OUR AFFILIATED PARTIES FOR YOUR DIRECT LOSSES OR DAMAGES ARISING OUT OF OR RESULTING IN ANY MANNER WHATSOEVER FROM YOUR USE OF THIS SITE AND/OR THE DOCUMENTS, CONTENT AND MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED IN OR BY THE SITE SHALL NOT EXCEED $100 (CANADIAN FUNDS).
(c) REGARDLESS OF CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE OR PRODUCTS LIABILITY, NEITHER WE NOR ANY AFFILIATED PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES OF ANY NATURE OR KIND WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES ARISING OUT OF OR RESULTING IN ANY MANNER WHATSOEVER FROM ANY USE OF OR ANY INABILITY TO USE THIS SITE, ANY DOCUMENTS, ANY CONTENT AND MATERIALS, OR ANY PRODUCTS OR SERVICES PROVIDED IN OR BY THE SITE, LOST PROFITS OR LOST GOODWILL, FAILURE TO REALIZE SAVINGS, OR FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY THIRD PARTY, EVEN IF WE OR ANY AFFILIATED PARTY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE REASONABLY FORESEEABLE.
(d) THE LIMITATION AND NEGATION OF DAMAGES SET FORTH ABOVE IN SECTIONS 14(b) AND 14(c) ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN US AND YOU. THIS SITE AND THE DOCUMENTS, THE CONTENT AND MATERIALS, AND THE PRODUCTS AND SERVICES PROVIDED IN OR BY THE SITE WOULD NOT BE PROVIDED IN THE ABSENCE OF SUCH LIMITATION AND NEGATION.

15. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

16. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this link.

17. Links to other Web Sites.
The Site contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

18. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. For notice of claims of copyright infringement, we can be reached email.

19. Information and Press Releases.
The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.

20. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Documents, Content and Materials provided in or by the Site.

21. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Winnipeg, Manitoba, Canada, and shall be governed by and construed in accordance with the laws in force in the Province of Manitoba (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any Documents, Content and Materials, products or services related thereto) must be instituted in the courts of the Province of Manitoba within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the disclaimers and limitations of liability set forth in this Agreement including, without limitation, those in Sections 6, 13 and 14. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement for any reason whatsoever.