%@LANGUAGE="VBSCRIPT"%> <% '=============================================== ' Personals System 2002 ' ©2002 vSpin.net. www.vspin.net '=============================================== ' All rights reserved. ' Use of this code is covered by the terms and ' conditions in the license agreement. No ' unauthorized duplication or distribution is ' permitted. vSpin.net copyright notices must ' remain in the ASP sections of the code. '=============================================== %>
You will defend, indemnify, and hold harmless the Owner
and SooNet Corp., as the provider of the Site infrastructure,
their officers, directors, employees, agents, affiliates and third parties,
for any losses, costs, liabilities and expenses (including reasonable attorney's
fees on a solicitor and his own client basis) relating to or arising out of
your use of the Site or Service, including any breach by you of the Terms of
this Agreement and our Email, Acceptable Usage, Privacy and other terms and
conditions posted on the Site from time to time.
Please note you may be involuntarily exposed to offensive or obscene materials
on the Service that may have been posted by Members, hackers or unauthorized
users from time to time. Please note that it is possible for others to obtain
your personal information and use it to engage in an action that may be harmful
to you or injure you. The Owner is not responsible for the use of any personal
information that you choose to display, publish or distribute to other Members.
THE OWNER RESERVES THE RIGHT BUT HAS NO OBLIGATION, WHETHER ON THE BASIS OF
COMPLAINTS OR ON ITS OWN INITIATIVE, TO MONITOR ANY MESSAGING OR OTHER ACTIVITY
AND THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE, AND TO REVIEW USAGE,
ACTIVITY OR THE CONTENT OF ANY MESSAGES, MATERIALS OR OTHER INTERCHANGES WHICH ARE
OTHERWISE POSTED, SENT OR TRANSMITTED VIA THE SERVICE. THE OWNER SHALL HAVE THE RIGHT
IN ITS SOLE DISCRETION TO REMOVE ANY MATERIAL OR PROFILES, REGARDLESS OF WHETHER THE OWNER
DETERMINES THAT SUCH MATERIALS OR PROFILES VIOLATE, OR ARE ALLEGED TO VIOLATE, THE
LAW OR THIS AGREEMENT.
NOTWITHSTANDING THE FOREGOING, THE OWNER DOES NOT UNDERTAKE TO MONITOR, CONTROL OR
EDIT ANY COMMUNICATIONS BETWEEN ITS USERS, AND SUCH COMMUNICATIONS MAY BE OFFENSIVE
TO YOU. YOU ASSUME FULL RESPONSIBILITY AND YOU ASSUME ALL RISK FOR THE USE OF THE SERVICES,
AND YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS
OF ALL SERVICES, PRODUCTS, COMMUNICATIONS, AND OTHER INFORMATION. ALL COMMUNICATIONS BETWEEN
USERS ARE AT THE USER'S SOLE CONTROL AND RISK.
IN NO EVENT WILL SOONET, ITS AFFILIATES OR THE OWNER BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY DEATHS,
THREATS, TORTS OR INJURIES COMMITTED BY ANY OTHER USERS, DAMAGES FOR LOSS OF
DATA, LOSS OF PROGRAMS, COST OF SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE
SERVICES) DIRECTLY OR INDIRECTLY ARISING OUT OF THE USE OR INABILITY TO USE
THE SERVICE, EVEN IF THE OWNER, SOONET OR OUR AGENTS OR REPRESENTATIVES KNOW OR
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY TO YOU BY SOONET, ITS AFFILIATES,
OR THE OWNER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICE
DURING THE TERM OF MEMBERSHIP.
UNDER NO CIRCUMSTANCES WILL SOONET, ITS AFFILIATES OR THE OWNER BE RESPONSIBLE
FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICE, YOUR RELIANCE
ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS.
NEITHER SOONET, ITS AFFILIATES NOR THE OWNER GUARANTEE THE ACCURACY, COMPLETENESS,
OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND NEITHER ADOPTS NOR ENDORSES
NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR
STATEMENT MADE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES
OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ALL COMMUNICATION
WITH THE OWNER, SOONET, ITS AFFILIATES OR OUR REPRESENTATIVES, OR OTHERWISE WITH
RESPECT TO THE SERVICE. SOONET, ITS AFFILIATES AND THE OWNER SPECIFICALLY DISCLAIM
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. NEITHER SOONET, ITS AFFILIATES NOR THE OWNER WARRANT THAT
YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR
ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE
WILL BE CORRECTED.
SOONET, ITS AFFILIATES AND THE OWNER DISCLAIM ALL LIABILITY, REGARDLESS OF THE
FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING
UNAUTHORIZED USERS, OR "HACKERS") OF THE SITE OR SERVICE.
Certain jurisdictions limit the applicability of warranty disclaimers and limitations
of liability so the above disclaimers of warranty and limitations of liability
may not apply to you.
This Agreement as construed between the Owner and you is governed under the laws of the jurisdiction
of incorporation of the Owner, regardless of conflicts of law principles. However, this Agreement as construed
between SooNet, its affiliates and yourself shall be governed under the laws of the Province of
Ontario, Canada,
regardless of conflicts of law principles. Any disputes or legal proceedings arising out of or relating to this
Agreement shall: (i) as they pertain to the Owner, at the Owner’s election be determined via arbitration in the
jurisdiction of incorporation of the Owner (pursuant to the arbitration rules designated by the Owner), or in the
courts of the jurisdiction of incorporation of the Owner; and (ii) and as they may pertain to
SooNet or its affiliates,
at SooNet’s election shall be shall be determined via arbitration in the Province of
Ontario, Canada (pursuant to the
arbitration rules designated by SooNet), or in the courts in the Province of
Ontario, Canada.
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale
of Goods. The Parties agree that the performance of this Agreement, in all its aspects as it pertains to the
Owner, does not take place outside of the jurisdiction of incorporation of the Owner, and performance of this
Agreement, in all aspects as it pertains to SooNet, its affiliates and yourself, does not take place outside of the
jurisdiction of Province of Ontario, Canada.
This Agreement, accepted upon registering for the Service, contains the entire
Agreement regarding the use of the Service. This Agreement may be relied upon
by SooNet as noted above, and may only be amended as it pertains to SooNet with the
expressed consent of SooNet. Unless otherwise explicitly stated, the Terms will survive
termination of your membership to the Service. If any provision of this Agreement
is held invalid, the remainder of this Agreement shall continue in full force
and effect.