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Accessing this Website.
Welcome to the Adaptive Engineering USA LLC ("Adaptive')
website. By accessing or using this Website, including
any information contained on this website (collectively
the "Website"), you expressly and impliedly agree
with Adaptive to be bound by the terms and conditions set
out in this Legal Notice and Terms of Use as may be amended
from time to time at the sole and absolute discretion of
Adaptive and as set out in any other guidelines or rules
posted by Adaptive on this Website in its sole discretion
(collectively the "Terms").
Proprietary and Copyright Information.
Proprietary material, including without limitation, trademarks,
service marks, logos, phrases, icons, images, graphics,
designs, layouts, slides, downloads and software displayed
on, contained within or comprising this Website (the "Proprietary
Materials") are the property of Adaptive or of third
parties. You are not permitted to use the Proprietary Materials
without the prior written consent of Adaptive or the third
parties who own the Proprietary Materials.
The contents displayed on, contained within or comprising
this Website, including without limitation, respecting Adaptive,
services and solutions of Adaptive, personnel information
of Adaptive, Proprietary Materials, documents, works of
authorship and all information and contents within any work
of authorship (collectively the "Contents") are
protected by copyright and/or other intellectual property
laws. This Website and the Contents may be changed, deleted
or discontinued by Adaptive at any time without notice and
in the sole and absolute discretion of Adaptive. The display
of Proprietary Materials or other Contents on the Website
does not grant you any express or implied rights to or respecting
the Proprietary Materials, the other Contents or the Website.
You hereby agree that you shall not use an information contained
in this Website or the links to the Website in any claims,
proceedings, suits or actions against Adaptive. You shall
not and shall not permit any other individuals or entities
to copy, distribute or otherwise make use of the Proprietary
Materials, the other Contents or the Website except strictly
in accordance with the following: .
a. you shall be permitted to view the and to print the Contents
solely for personal, informational, internal, non-commercial
purposes that are in compliance with all other Terms;
b. the Contents may not be modified or altered in any way;.
c. the Contents may not be redistributed, republished or
reproduced in any way;
d. you may not remove any copyright, trademark or other
proprietary notices contained in or forming part of the
Contents;
e. the Contents may not be studied or analyzed in order
to create or with the effect of creating representations
of the Contents in another form;.
f. you shall be permitted to link to the home page of the
Website, unless Adaptive advises you, verbally or in writing
and in its sole and absolute discretion, that you must stop
linking and remove all links to the home page of the Website
and upon receipt of such advice, you agree to immediately
comply with such advice;
g. you shall not deep link to the Website or the Contents,
without the express written permission of Adaptive which
permission may be withheld in its sole and absolute discretion;.
h. the rights granted to you by these Terms constitutes
a non-exclusive, terminable at will license and not a transfer
of title; and
i. Adaptive reserves the right to terminate this license
at any time in its sole and absolute discretion and upon
such termination any use pursuant to this license shall
be discontinued by you immediately without any liability
whatsoever of Adaptive to you or any individuals or entities
for such termination.. .
Links.
Links to other websites found on this Website (the "Linked
Sites") are meant for convenience only and the Linked
Sites (unless otherwise indicated in writing by Adaptive)
have been independently developed by individuals or entities
other than Adaptive. No endorsement by Adaptive of any third
party products or services is expressed or implied by any
Contents on this Website or by any information, material
or content referred to or included on any Linked Sites.
Notwithstanding anything in these Terms, when you access
any Linked Sites, you agree that: they are independent from
Adaptive (unless otherwise indicated in writing by Adaptive);
Adaptive has no control over the content on any Linked Sites
(unless otherwise indicated in writing by Adaptive); Adaptive
does not grant any license or rights of any nature whatsoever
to you respecting Linked Sites; you accept all and any risks
associated with accessing or using any Linked Sites and
with accessing or using this Website to access or use any
Linked Sites; and your use of the Linked Sites may be subject
to terms and conditions contained in these Linked Sites,
which you should locate and review.. .
Warranties and Disclaimers.
While Adaptive uses reasonable efforts to include accurate
and up-to-date information on the Website, your use and
browsing of the Website is at your risk. Adaptive, its directors,
officers, employees, agents, successors, assigns, affiliated
entities and subsidiary entities (collectively the "Adaptive
Group") make no representations or warranties respecting
this Website or the Contents or any Linked Sites; everything
on this Website is provided to you on an “as-is”
and “as available” basis without warranties
of any kind as to the accuracy, completeness, reliability,
or fitness for a particular use, merchantability, durability,
title, non-infringement of intellectual property rights
respecting any information, products or services contained
on this Website or the Contents or any Linked Sites. The
Adaptive Group assumes no responsibility for any damages
to, or viruses that may infect your computer equipment or
other property on account of your access to or use of this
Website or the Contents or any Linked Sites. By accessing
or using this Website or the Contents or any Linked Sites,
you and all individuals or entities directly or indirectly
accessing or using this Website or the Contents or any Linked
Sites agree that the Adaptive Group shall not be liable
for any or all claims or causes of action or damages or
losses of any nature whatsoever arising out of or in connection
with any access to, use of, results of any use of, or reliance
on this Website or the Contents or any Linked Sites (the
"Claims"). By accessing or using this Website
or the Contents or any Linked Sites, you and all individuals
or entities directly or indirectly accessing or using this
Website or the Contents or any Linked Sites assume any and
all liability respecting Claims; waive all Claims against
the Adaptive Group; and agree to and shall release, indemnify
and hold the Adaptive Group harmless from all Claims. Nothing
in the Website, including product or service information,
shall add to or change any contract for products or services
that you may have with the Adaptive Group.. .
Waiver.
Adaptive’s failure to insist upon or enforce strict
performance of any provision of this Legal Notice or Terms
of Use shall not be construed as a waiver of any provision
or rights contained in this Legal Notice or Terms of Use.
Indemnification.
You agree to defend, indemnify and hold the Adaptive Group
harmless from any and all liabilities, costs and expenses,
including reasonable legal fees, related to any violation
of this Legal Notice and Terms of Use, or in connection
with your use of the Site or with the placement or transmission
of any message or information on the Website by you.
Updates & Revisions.
Adaptive may at any time revise this Legal Notice and Terms
of Use by updating this posting. You should therefore review
this Legal Notice and Terms of Use each time you access
this Website.
Customer Information.
You acknowledge that you have read the Adaptive Privacy
Policy and hereby consent to the use of any personal information
in accordance with that policy.
Governing Law and Jurisdiction.
You agree: that this Website (excluding Linked Sites unless
otherwise indicated in writing by Adaptive) is controlled
by Adaptive from its office in Calgary, Alberta; that the
Terms shall be governed by the laws of the Province of Alberta
and the applicable federal laws of Canada without regard
to conflict of laws principles of any jurisdiction; that
Alberta is the distinctly most suitable forum for any determination
of matters respecting the Terms; to submit to the exclusive
personal jurisdiction of the Court of Queen's Bench of Alberta
for any determination of matters respecting the Terms; and
that a judgment or order of the Court of Queen's Bench of
Alberta may be enforced by Adaptive in any other jurisdiction
in any manner permitted by law and to at torn to any such
jurisdiction in which such judgment or order is sought to
be enforced by Adaptive. You agree to comply and are responsible
for compliance with all applicable local laws in the jurisdiction
from which you access this Website. Notwithstanding anything
in these Terms, accessing this Website or using the Contents
in jurisdictions where illegal, is prohibited. |
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