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- Web Site Privacy Statement
- Web Site Terms of Use
Web Site Privacy Statement
eSeeSky Inc. (collectively, "eSeeSky" or "We" or "us" or "our") will use your IP address to help diagnose problems with our server
and to administer The Web Sites.
We may use a temporary cookie in connection with The Web Sites.
You may receive a pop-up advertisement generated from The Web Sites.
If legally required to do so, we will disclose to a third party any information we have.
No personal information is collected because you view or use any of The Web Sites unless it is provided from you.
We may update Web Site Privacy Statement from time to time and you are responsible for periodically reviewing the most current
version on this Web site. Your continued use of this Web site will be deemed your conclusive acceptance of the updated Privacy Statement.
Web Site Terms of Use
The Web Sites ARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS NOTICE. BECAUSE USING ANY OF The Web Sites CONSTITUTES ACCEPTANCE OF THESE TERMS
AND CONDITIONS, PLEASE READ THEM CAREFULLY. Terms defined in our Web Site Privacy Statement shall have the same meaning when used here.
If these Terms of Use are not acceptable to you, please do not use this Web site. We may update these Terms of Use from time to time and
you are responsible for periodically reviewing the most current version on this Web site. Your continued use of this Web site will be deemed
your conclusive acceptance of the updated Terms of Use.
Protecting Information.
eSeeSky has reasonable security measures to protect against the loss, misuse and interception of information by third parties. We assume no
liability for any damages you may suffer as a result of interception, alteration or misuse of information transmitted over the Internet.
Use of Protected Content.
Copyright laws may protect information such as text, video, audio and pictures on The Web Sites (collectively, "Content").
Content can be accessed only for personal or educational use, and may not be used for any other purpose, or modified without written consent
from eSeeSky.
Obligations.
You agree not to use any of The Web Sites to conduct any activity, business or solicit the performance of any activity, which is prohibited by
laws of the Province of Ontario or the federal laws of Canada, or any contractual provision by which you are restricted. You agree to comply with all
applicable laws, rules and regulations in connection with The Web Sites.
Access and Interference.
You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper
working of eSeeSky Web Site and its data.
Privacy Statement and Other Policies.
You agree to be restricted by and comply with the eSeeSky Web Site Privacy Statement and Terms of Use as made available through any of The Web Sites.
Links. eSeeSky may contain links to web sites operated by other parties. The linked web sites are not under the control of eSeeSky and
eSeeSky is not responsible for the content available on any other Internet sites linked to our Web Site. Unless otherwise stated, such links do not
imply eSeeSky's endorsement of material on any other web site, and eSeeSky disclaims all liability with regard to your access to such linked
web sites. Your use of any other Internet sites linked to this Web Site is at your own risk. If you would like to put our link or use any other
information related to our web site, you must be granted our written permission.
Disclaimer of Warranty. USE OF ANY OF The Web Sites AND ANY CONTENT AVAILABLE THEREFORE ("eSeeSky Inc.") IS AT YOUR OWN RISK. eSeeSky PROVIDES
INFORMATION ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT OR SATISFACTORY QUALITY. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE WEB SITE PRIVACY STATEMENT AND TERMS OF USE. WE AND OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS
AND SUPPLIERS ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS.
No damages. IN NO EVENT WILL eSeeSky, ITS DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, BUSINESS ASSOCIATES,
ADVERTISERS, AGENTS (COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY
TO USE THE eSeeSky SUPPLIED MATERIALS INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY,
OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO
USE THE SOFTWARE, SERVICE OR The Web Sites, EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM
BY ANY OTHER PARTY. IN NO EVENT WILL PROTECTED PARTIES MAXIMUM CUMULATIVE LIABILITY UNDER THE WEB SITE PRIVACY STATEMENT AND TERMS OF USE
EXCEED ONE DOLLAR ($0.1).
Because some provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages,
in such states or jurisdictions, eSeeSky's liability shall be limited to the extent permitted by laws of Province of Ontario or federal
law of Canada.
Arbitration. Any claim or controversy arising out of or related to the Web Site Privacy Statement or Terms of Use shall be settled by binding
arbitration in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual
basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude GP from seeking any injunctive relief for
protection of GP's intellectual property rights.
Changes to Terms of Use. We reserve the right to revise these Terms of Use at any time without advance notice. You are restricted by such
revisions so we recommend you to visit this page regularly to stay informed.
Violations of Terms of Use. We reserve the right to seek all remedies available at law of Province of Ontario or federal laws of Canada and in
equity for violations of these Terms of Use, including the right to block any access from a particular Internet address to our web site.
Applicable Laws. This Web site (excluding linked sites) is controlled by eSeeSky Inc. within the Province of Ontario, Canada.
By accessing this Web site, you and eSeeSky Inc. agree that all matters relating to your access to, or use of, this Web site shall
be governed by the laws of the Province of Ontario or the federal laws of Canada, as applicable, without regard to the conflicts
of laws principles thereof. You and eSeeSky Inc. also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts
of the Province of Ontario with respect to any and all matters arising in connection with these Terms of Use.
General. The Web Site Privacy Statement and Terms of Use sets forth the entire understanding and agreement between you and eSeeSky Inc. with
respect to the subject matter. If any provisions shall be held to be invalid, illegal, or unenforceable, the validity,
legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. You may not assign the Web Site
Privacy Statement or Terms of Use without our written consent.
Legal Notices. Copyright eSeeSky Inc. 2003, all rights reserved.
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