Last Updated: October 15, 2013
All use of online web pages on the Fluxwerx Illumination Inc website (“Site”) and any information and content included in the Site is subject to the terms and conditions set forth below. By accessing, browsing and/or using the pages in this Site, you (collectively, “Site User,” « You » or « Your ») agree to these site terms and conditions (« Site Terms and Conditions »). You should not attempt to access, browse or use the Site if You are not willing to be bound by and abide by these Site Terms and Conditions.
Except as otherwise expressly provided herein, all intellectual property rights associated with this Site – including, without limitation, Site presentation, Site organization and structure, visuals and graphics; user navigation; programming; software code; any copyrighted, trademarked and patented information and processes – are retained and reserved by Fluxwerx Illumination Inc (“Fluxwerx”) and are Fluxwerx’s sole and exclusive property.
Use of the Site
Without serving as limitation, You agree to comply with all notices, instructions and rules posted on the Site. You agree not to use the Site for any unlawful purpose or in anyway that might harm, damage, or disparage any other party.
Without limiting the preceding and by way of example, You agree not to:
- 1. Transmit or upload any material that contains harmful or deleterious software programs.
- 2. Interfere with or disrupt the Site, networks or servers connected to the Site or violate the regulations, policies or procedures of such networks or servers.
- 3. Attempt to gain unauthorized access to the Site, logins and passwords of others, or computer systems and networks connected to the Site, through hacking, password mining or any other means.
- 4. Permit anyone other than You to gain access to or use the Site, or Your logins and passwords.
- 5. Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.
- 6. Reverse engineer, decompile or disassemble the Site of any of the software that is a part of the Site.
- 7. Interfere with, attempt to interfere with or otherwise disrupt the proper working of the Site, any activities conducted on or through the Site or any servers or networks connected to the Site, or violate any measure employed to limit or prevent access to the Site or its content.
- 8. Take or attempt any action that, in the sole discretion of the Site imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the infrastructure of the Site.
Links to and/or from the Site
From time to time, the Site may contain links to third-party web sites not controlled by Fluxwerx. Fluxwerx provides such links as a convenience to You, and in no way endorses such third party sites. You acknowledge and agree that Fluxwerx is not responsible for any aspect of the information or content contained on any third party sites accessible or linked to the Site.
You agree not to « frame » or « mirror » any content or information contained on or accessible from the Site without the prior written approval of Fluxwerx, as may be appropriate.
If You wish to provide a link to this Site, You may do so under the terms and conditions of these Site Terms and Conditions, but You may not use or replicate Fluxwerx Content; You agree not to create a browser, border environment or frame for Fluxwerx Content; You may not imply that Fluxwerx is endorsing You or Your products or services; You may not misrepresent your relationship with Fluxwerx; You may not present false information about Fluxwerx products or services; and Your linked Web site may not contain content that could be construed as distasteful, offensive or controversial, and/or contain content that is not appropriate for all age, racial, religious or other groups protected by law. If You violate these promises, You agree to be responsible for all claims, costs, losses, expenses, damages and liabilities associated with such acts or omissions and indemnify and hold Fluxwerx harmless as provided below, and You agree to remove any link to this Site immediately upon the request of Fluxwerx.
You agree to indemnify and hold harmless Fluxwerx, its directors, officers, employees, agents and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to legal and accounting fees) arising from or resulting from all demands, lawsuits, claims, causes of action, and proceedings (« Claims ») arising from or in any way relating to each of the following: (i) Your use of the Site, (ii) Your violation of these Site Terms and Conditions or (iii) Your misuse of the Site.
Fluxwerx does not warrant that, and Fluxwerx is not obligated to ensure that, this Site will operate free from error, delay or downtime or that this Site or the information and content on this Site are free of computer viruses and other harmful codes. If Your use of the Site results in the need for servicing or replacing or recovering equipment, software or data, Fluxwerx is not responsible for those costs.
You agree that use of the Site is at Your own risk. The Site and all information on the Site are provided on an « as is » basis without warranty of any kind. Except as otherwise expressed herein, to the fullest extent permitted by law, Fluxwerx disclaims all warranties, expressed or implied. Fluxwerx makes no warranties about the accuracy, non-infringement, reliability, completeness, or timeliness of the content or information provided on the Site. Fluxwerx makes no warranties that the Site will be available at or for any specific time, available in any specific location or jurisdiction.
Limitation of Liability
You acknowledge and agree that in no event will Fluxwerx, its officers, directors, shareholders, employees or agents be liable to You or any of Your employees, contractors or agents for any indirect, consequential, incidental, special, exemplary or punitive damages, or for any loss of profits, business, or revenue, or any loss of data, content or information, regardless of whether Fluxwerx was advised of the possibility or likelihood of such damages or costs occurring, and whether such liability is based on contract, tort, warranty, negligence, strict liability, products liability or otherwise. As otherwise permitted by applicable law, You hereby waive any state or provincial law that limits or prohibits a general release of liability. Some states or jurisdictions do not allow the exclusion or limitation of certain damages or the disclaimer of certain warranties. The limitations and disclaimers provided in these Site Terms and Conditions are intended to apply to the fullest extent allowable under applicable law.
These Site Terms and Conditions will continue until terminated by either Fluxwerx or You. You may terminate Your access rights to the Site at any time by discontinuing use of the Site and providing notice to Fluxwerx. Fluxwerx may discontinue or change the Site or deny or revoke Your access to this Site, or any part thereof, at any time in its sole discretion, with or without cause.
Upon termination of these Site Terms and Conditions, all Sections of these Site Terms and Conditions shall remain in full force and effect except for the Content License and Restrictions section and the Logins and Passwords section.
Governing Law and Jurisdiction
The Site is administered by Fluxwerx from its offices in the Province of British Columbia, Canada. The Site will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with the Site shall be submitted to and be subject to the jurisdiction of the courts of the Province of British Columbia. You submit to the exclusive jurisdiction of the courts of the Province of British Columbia to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Should any provision of the Site Agreements require judicial interpretation, the parties agree that the court interpreting or construing the same shall not apply a presumption that the terms of these Site Agreements shall be more strictly construed against one party than against another. Headings of particular Sections are inserted only for convenience and are not to be used to define, limit or construe the scope of any term or provision of these Site Terms and Conditions. Failure of any party to enforce, in any one or more instances, any of the Site Terms and Conditions or the terms or conditions of the Site Agreements shall not be construed as a waiver of the future performance of any such terms or conditions. No consent to a breach of any express or implied term of the Site Terms and Conditions or any applicable Site Agreement, or any other notice, directive, or rule otherwise posted on the Site shall constitute a consent to any prior or subsequent breach thereof.