The following Terms and Conditions govern your use of the Protexis Inc. Web Site (the "Site"), which shall include, without limitation, the home page, splash page, and all other pages and all content thereon as provided by Protexis ("Protexis" or "we"). Please read these Terms and Conditions carefully before using this Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. We may change the Terms and Conditions from time to time, and at any time, without notice to you, by posting such changes on the Site. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By accessing the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
Any person accessing the Protexis Site and any other site owned by Protexis Inc. agrees to and is bound by the following terms and conditions.
Copyright and Trademarks
Copyright 2006, Protexis Inc. All rights reserved. "Protexis", the Protexis logo, "nTitles" and certain other names, words, titles, phrases, slogans, logos, icons, graphics, designs and other content are proprietary trademarks belonging to Protexis Inc. All other trademarks are the property of their respective owners. All content such as graphics, logos, button icons, images, illustrations, designs, photos, icons, text, programs, audio clips, digital downloads, data compilation, software and other materials included on this Site and found on other Protexis sites constitute intellectual property owned and controlled by Protexis Inc. or its content providers, unless otherwise noted. The compilation of all content on this Site is the exclusive property of Protexis and all software used on this Site is the property of Protexis or its software suppliers and all such copyright materials are protected by Canadian and International copyright laws. Protexis products and technologies are protected by US patents and US and International patents pending.
You may download one copy of the materials available on this Site on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. You may not reproduce or distribute the content of this Site, including but not limited to the images, in whole or in part without the prior written permission of Protexis. To request permission, send an email to webmaster@protexis.com with your name, address and the description of the purpose and scope of your intended distribution and the information you would like to distribute.
User Information
While using the Site, you may be asked to provide certain information to Protexis. Our information collection and use policies can be found in the Protexis Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of the information you provide.
Submissions to this Web Site
All questions, comments, suggestions and other communications provided by a user regarding the content of any Protexis document shall be deemed to be non-confidential and Protexis shall have no obligation of any kind with respect to any such communication, and shall be free to reproduce, use, disclose and distribute such communication or otherwise without limitation. Furthermore, Protexis shall be free to use any ideas, concepts, techniques, or know-how contained in any such communication for any purpose, including but not limited to development, manufacturing and marketing products that incorporate such information.
Modifications to the Site and Services
We reserve the right to change our Site, including but not limited to the content, features and hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or the entire Site without notice or penalty. Certain products or services referred to on the Site may not be available at all times.
Links to and from the Site
Links on the Protexis Site will take you to other sites. Protexis does not control these sites, their privacy policies, or their links. Their owners can change or terminate their sites and/or links at any time, in any way. Our links to other sites are not an endorsement of, and do not imply any affiliation between Protexis and the owners of, such sites or the content, products, advertising or other materials presented on the linked sites. We do not continually monitor the linked sites and we do not guarantee either their content or the quality of your specific experience while visiting them. You are encouraged and advised to review the posted terms and conditions of the web sites you visit. Protexis reserves the right to prohibit links to this Site.
Disclaimer of Warranties
THE INFORMATION ON THIS SITE AND RELATED COMMUNICATIONS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS FOR INFORMATION PURPOSES ONLY. ALL WARRANTIES ARE HEREBY DISCLAIMED, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROTEXIS MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROTEXIS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
Limitation of Liability
In no event shall Protexis or any of its directors, officers, employees, agents, affiliates, or content or service providers be liable for damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the materials or information on the Site or any other site owned by Protexis. In no event shall Protexis be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damage, including but not limited to loss of business, revenue, profits, use, data or other economic advantage, however it arises, whether for breach or in tort, even if Protexis is expressly advised of the possibility of such damages. You agree to hold Protexis harmless from, and you covenant not to sue Protexis for, any claims based on using this Site.
Choice of Law/Forum; No Waiver; Severability; Claims Time Barred
The Terms and Conditions and the relationship between you and Protexis shall be governed by the laws of British Columbia, without regard to its conflict of law provisions. You and Protexis agree that any cause of action that may arise pursuant to these Terms shall be commenced and be heard in the appropriate court in British Columbia. You and Protexis each agree to submit to the personal and exclusive jurisdiction of the courts located within British Columbia. The failure of Protexis to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You 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 Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
