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ONLINE KIOSK WEB SITE TERMS OF USE
This agreement describes your responsibilities and limits our liability, among other things. Please read it carefully before using R. E. Gilmore Investments Corporation's Online Kiosk Web site.
ACCEPTANCE OF TERMS
As a subsidiary of R.E. Gilmore Investments Corp., Gilmore Global operates the Online Kiosk Web site (the "Site") as an exchange mechanism for information, documents and images (collectively, the "Materials"). By accessing the Site, you agree to conduct yourself in accordance with the terms and conditions set forth in this agreement (the "Terms of Use"). Gilmore Global reserves the right to change the Terms of Use and/or its Online Kiosk Web site Privacy Policy from time to time at its sole discretion. Your continuing use of the Site following any such change will be conditional upon your agreement to be bound by, and act in accordance with, the amended Terms of Use as posted on the Site. If you do not agree to abide by the Terms of Use, you should not use this Site or download or use materials from it.
This Agreement is void where prohibited by law, and any right to access the Site and Materials is revoked in such jurisdictions.
LIMITED GRANT OF RIGHTS
The Materials and Services on this Site, including, but not limited to, the compilation of all content, are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, Gilmore Global and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Materials and Services.
The rights granted to you constitute a limited license and not a transfer of title.
The rights specified above to view, download, and, in some cases, print the Materials available on this Site do not convey a right to copy the design, layout, or look and feel of the Site apart from the uses permitted herein. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
USE OF SITE
Gilmore Global provides a platform whereby the buyer and seller may communicate, display information about seller's products or services (i.e.: prices, quotes, availability of Supplies, delivery dates, and related information), and place orders for Supplies.
To the maximum extent permitted by law, Clients and Delegate waive any and all rights they may have against Gilmore Global arising out of any purchase, sale, or other transaction Clients or Delegates enter into with any third party through the Site.
This Site can be accessed from other countries around the world and may contain references to Gilmore Global products, services, and programs that are not available in your country. These references do not imply that Gilmore Global intends to make such products, services, or programs available in your country.
CONSENT TO AGGREGATE USE OF CLIENT INFORMATION
In order to make various features and functions of Services and Materials available to Clients, Gilmore Global may collect information about Client and Client's use of the Online Kiosk Web site , including the information identified in Gilmore Global's Privacy Policy ("Client Information"). Client acknowledges and agrees that Gilmore Global's collection and use of Client Information as set forth in the Privacy Policy, and Gilmore Global's operation and provision of the Online Kiosk Web site , as contemplated under the Terms of Use, is not a breach of Client's right of privacy, publicity, or any other right related to protection of personal data, whether in equity, law, contract, or otherwise. Client hereby waives any and all such claims or rights of action, whether foreseen or unforeseen, so long as the Client Information is collected, stored, and used in accordance with Gilmore Global's Privacy Policy.
RELIABILITY OF MATERIALS AND SERVICES
Materials and Services available on or through the Site are routinely updated, and Gilmore Global uses commercially reasonable efforts to ensure that such information is reliable and that Services are available. Gilmore Global expressly disclaims any responsibility or liability for any third-party Materials or Services on the Site , or any third-party information or services available through a link from the Online Kiosk Web site .
LINKS TO OTHER INTERNET WEB SITES
This Site may, from time to time, contain links to third-party Web sites that are not under the control of Gilmore Global . Gilmore Global makes no representations whatsoever about any other Web site to which you may have access through this Site, including the Web sites of * Associates. When you access a non-Gilmore Global Web site, you do so at your own risk and Gilmore Global is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites; or for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, or resource. Gilmore Global provides these links merely as a convenience and the inclusion of such links does not imply that Gilmore Global endorses or accepts any responsibility for the content or uses of such Web sites.
SUBMITTED INFORMATION
Responsibility for Submissions. You are solely responsible for the content of any comments, information, questions, data, feedback, ideas, descriptions of processes, or other information submitted to Gilmore Global through the Site. You may only submit to the Site, content that is (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that would violate any law or the rights of others, including without limitation, laws against copyright infringement. Violation of these restrictions may result in limitations on access by you to this Site.
Unsolicited Information. Gilmore Global does not want to receive unsolicited information from you through the Site for the purpose of communicating to any entity any ideas or other information, including, but not limited to product or service suggestions or enhancements, product or service names, advertising campaigns or marketing plans, technology or material, business methods, or any similar information. Gilmore Global maintains this policy to prevent misunderstandings or disputes in the event it develops products or services that may seem similar to an unsolicited proposal. Any non-personal unsolicited information or material sent to Gilmore Global will be deemed NOT confidential, and by sending such unsolicited information you hereby grant Gilmore Global an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Gilmore Global is free to use any ideas, concepts, know-how, or techniques that you send to us for any purpose. Personal information, such as names, address, telephone numbers, etc., will remain subject to Gilmore Global's Privacy Policy.
TRYOUT PRODUCTS AND TRIAL AGREEMENTS
Some products or services available on or from the Site may be tryout versions of products or products or services subject to a limited trial period. To the extent that any provision of this paragraph conflicts with any other provision of the Terms of Use, this paragraph shall supercede such other terms with respect to the tryout or trial versions, but only to the extent necessary to resolve any conflict in terms. THE TRYOUT TRIAL VERSIONS OF PRODUCTS OR SERVICES MAY HAVE LIMITED FUNCTIONALITY AND/OR FUNCTION FOR A LIMITED PERIOD OF TIME AND SUCH VERSIONS ARE OFFERED ON AN "AS IS" BASIS AND SOLEY FOR DEMONSTRATION PURPOSES. If the product or service is offered for a limited time, then such product or service will terminate operation after a designated period of time (i.e. 10, 15, 30, or 60 days) following installation or commencement of service as specified in the appropriate license or service terms ("Time Out Date"). Upon the Time Out Date, the license or service agreement for such tryout or trial version will terminate and all rights to use the product or service will cease unless and until any fees or charges for the commercial version of such product or service is received by Gilmore Global. After the Time Out Date any files, documents or other material created with such product or service, or stored on the Site and accessible as part of such tryout or trial version shall no longer be accessible and any risk of loss for all work created or material stored shall be borne solely by the Client, Delegate or user.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF YOU AND GILMORE GLOBAL, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GILMORE GLOBAL MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS . SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. GILMORE GLOBAL MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND GILMORE GLOBAL MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
GILMORE GLOBAL ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND/OR SERVICES OR FOR INFORMATION, MATERIALS, OR SERVICES OF THIRD PARTIES THAT ARE REFERENCED BY OR LINKED TO THIS SITE.. REFERENCES TO OTHER COMPANIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF YOU AND GILMORE GLOBAL, IN NO EVENT SHALL GILMORE GLOBAL OR ITS LICENSORS OR ASSOCIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT GILMORE GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE, INCLUDING THOSE OF GILMORE GLOBAL'S ASSOCIATES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GILMORE GLOBAL OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, DELICT, QUASI-DELICT, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY.
IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, IN NO EVENT WILL GILMORE GLOBAL'S LIABILITY FOR THE SUBJECT MATTER OF THIS AGREEMENT EXCEED ONE THOUSAND FIVE HUNDRED CANADIAN DOLLARS.
CLIENTS ACKNOWLEDGE THAT THE ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THIS AGREEMENT IS A MATERIAL CONSIDERATION FOR GILMORE GLOBAL ENTERING INTO THIS AGREEMENT.
INDEMNITY
At Gilmore Global's option and request, Client shall, at its own expense, indemnify, defend, and hold Gilmore Global and its subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees), arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between Client or its Delegate and any third party, (b) based on or caused by access to the Site, (c) based on facts or alleged facts that would constitute a breach of any of Client's or Delegate's representations, warranties, or covenants under these Terms of Use. Client shall not enter into a settlement of any of the foregoing without Gilmore Global's prior written consent, and shall not incur expenses and fees in defending any such claims, actions, or allegations without prior approval from Gilmore Global.
ENTIRE AGREEMENT
This Terms of Use Agreement constitutes the entire agreement between you and Gilmore Global with respect to the Site and supersedes all prior agreements or previous discussions (written or oral) between you and Gilmore Global.
MISCELLANEOUS PROVISIONS
In the event that a portion of these Terms of Use 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.
Waiver by either party of a breach of any provision of these Terms of Use or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
Gilmore Global will not be liable in any amount for failure to perform any obligation under these Terms of Use if such failure is caused by the occurrence of cause beyond the reasonable control of Gilmore Global including, without limitation, outages of the Internet or connections thereto, communications outages, earthquake, fire, terrorism, flood, war, or act of God; or any acts of governmental bodies or authorities.
GOVERNING LAW AND JURISDICTION
This Site, excluding linked sites, is controlled by Gilmore Global from its offices within the province of Ontario, Canada. By accessing this Site, you and Gilmore Global agree that the laws of the province of Ontario, and the laws of Canada applicable therein, shall govern all matters relating to your access to, or use of, this Site and any Materials or Services, without regard to conflicts of laws principles. Gilmore Global makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from jurisdictions 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 local laws.
CONTACT INFORMATION
Please direct any questions regarding the Terms of Use to :
Brian M. Wright
Vice President, Operations
R.E. Gilmore Investments Corporation
120 Herzberg Road,
Kanata, Ontario
K2K 3B7