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TERMS AND CONDITIONS OF USE

Last changed on Oct 16, 2008

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE OR ANY INFORMATION OR MATERIAL CONTAINED ON THIS WEBSITE IS SUBJECT AT ALL TIMES TO THESE TERMS AND CONDITIONS.

By using and/or visiting this website (collectively, including all content and functionality available through the Corebox.net domain name, the "Site") you are indicating your acceptance to be bound by these Terms and Conditions of Use (the "Terms and Conditions"). If you do not accept the Terms and Conditions, you must not access or use the Site.

Except where stated otherwise, the term “Corebox” used on the Site includes Corebox Online Services Inc. and its affiliates, subsidiaries, successors and assigns.

Corebox reserves the right, at its discretion, to change, modify, add or remove portions of the Terms and Conditions at any time. Your continued use of the Site will mean that you agree to be bound the Terms and Conditions then in effect, including any such changes, modifications, additions or deletions.

Restrictions on Use of Materials

Corebox owns and operates the Site. Registered and unregistered trade-marks, related words, domain names and logos which are the property of Corebox (the “Corebox Trademarks”) may appear from time to time on the Site. The Corebox Trademarks may not be used without Corebox’s express authorization and, without limiting the generality of the foregoing, the Corebox Trademarks may not be used in connection with any products or services which are not Corebox’s, or in any manner that is likely to cause confusion among customers or potential customers of Corebox or that disparages or discredits Corebox.

All material and information on the Site (collectively, including without limitation content, site design, text, data, maps, models, graphics, embedded tools or programming code, the selection and arrangement of the foregoing, files offered for download or made available upon request, and software, products, services and resources contained in or made available through the Site, the “Information”) are the intellectual property of Corebox (unless otherwise expressly stated). No Information may be copied, reproduced, republished, framed, uploaded, posted, transmitted, distributed, reverse engineered or modified in any way, except that you may:

  • download one copy of any Information on any single computer for your personal, non-commercial use only, so long as you keep intact all copyright and other proprietary notices;
  • show any Information that is 3-D embedded content (any “Corebox Embedded Content”) on an ad-enabled blog or website, so long as: (i) the primary purpose of using the Corebox Embedded Content is not to gain advertising revenue or compete with Corebox; (ii) you include a prominent link back to the Site on the pages containing the Corebox Embedded Content and a prominent statement that any use of such Corebox Embedded Content is governed by these Terms and Conditions; and (iii) you do not modify, build upon, or block any portion of the Corebox Embedded Content in any way;
  • in connection with the operation of a public search engine, use or launch any automated system to copy Information from the Site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the Information, but not caches or archives of the Information, so long as you do not use or launch any automated system (including without limitation robots, spiders or offline readers) that accesses the Site in a manner that sends more request messages to the Corebox servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; and
  • use the Information in any manner that Corebox expressly authorizes in writing.

Corebox reserves the right to revoke the foregoing exceptions either generally or in specific cases, and to discontinue any aspect of the Site at any time. Corebox reserves all rights to the Site, Corebox Trademarks and the Information that are not expressly granted in these Terms and Conditions.

For the sake of clarity, you agree not to use the Site or the Information for any commercial use, without the prior written consent of Corebox. Prohibited commercial uses include without limitation any of the following actions taken without Corebox’s express approval:

  • sale of access to the Information, the Site or its related services on another website;
  • use of the Site or its related services for the primary purpose of gaining advertising or subscription revenue; or
  • any use of the Information, the Site or its related services that Corebox determines, in its sole discretion, has the effect of competing with or displacing the market for Corebox or the Information.

Product and Services Information

Corebox may include on this Site product or service descriptions for products or services that may be featured in Corebox advertisements. If there are any discrepancies between the information provided on this Site and the information in such advertisements, such advertisements shall be determinative, subject to Corebox’s ability to correct errors and omissions at any time.

Corebox cannot guarantee the availability of any products or services described on the Site. Without limiting the generality of any other terms and conditions on this Site, Corebox does not accept liability for any errors or omissions which may be found on this Site or for unavailability of any product or service.

Third Party Information

Some of the Information has been produced and published by Corebox from publicly available third party information (“Third Party Information”). Some of the third parties whose Third Party Information has been used by Corebox on the Site have not been engaged or otherwise involved in the production or publication of the Information. Corebox assumes no responsibility with regard to the selection, performance or use of Third Party Information or third party products, services, websites or vendors. No third party provides any representations or warranties with respect to any Third Party Information or any usage or interpretation of any Third Party Information by Corebox, and no third party will bear responsibility or liability for any Third Party Information or any of the Information.

No Advice

You acknowledge and agree that the Information is for informational purposes only. The Information is not intended to provide drilling, modeling, financial planning or any or other form of advice to you or any other person, and any Third Party Information constitutes neither an endorsement nor a recommendation. It is your responsibility to perform proper due diligence before acting upon any of the Information provided.

Disclaimer of Warranties and Limitation of Liability

THE SITE AND THE INFORMATION ARE PROVIDED ON AN "AS IS", "WHERE IS", AND "AS AVAILABLE" BASIS. BY ACCESSING AND USING THE SITE YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SITE AND/OR THE INFORMATION IS AT YOUR SOLE RISK.

COREBOX MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR THE INFORMATION. WITHOUT LIMITING THE FOREGOING, COREBOX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (1) THAT ANY INFORMATION WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, SUITABLE, AVAILABLE, SECURE, TIMELY, OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR WILL NOT INFRINGE THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (2) WITH RESPECT TO TITLE; (3) THAT THE OPERATION OF THE SITE, WILL BE UNINTERRUPTED OR ERROR FREE; (4) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (5) THAT COMMUNICATIONS TO OR FROM THE SITE WILL BE SECURE OR NOT INTERCEPTED; AND (6) THAT THE SITE, ANY HYPERLINKED WEBSITE OR THE SERVERS ON WHICH THEY RESIDE WILL BE FREE FROM COMPUTER VIRUSES OR HARMFUL COMPONENTS.

YOU AGREE THAT YOUR EXCLUSIVE AND SOLE REMEDY IS TO STOP USING THE SITE.

HYPERLINKS, LINKS TO THIRD-PARTY WEBSITES, AND REFERENCES TO OTHER INTERNET RESOURCES (“THIRD PARTY REFERENCES”) ON THE SITE ARE PROVIDED AND USED AT YOUR SOLE RISK. COREBOX DOES NOT INVESTIGATE, VERIFY, MONITOR OR ENDORSE ANY OF THE THIRD PARTY REFERENCES, AND COREBOX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRODUCTS, SERVICES, BUSINESS PRACTICES, CONTENT OR APPROPRIATENESS OF CONTENT ON, OR IN RELATION TO, THIRD PARTY REFERENCES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST COREBOX OR ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OTHER REPRESENTATIVES, SUCCESSORS OR ASSIGNS (THE “COREBOX REPRESENTATIVES”) WITH RESPECT TO THIRD PARTY REFERENCES.

Limitation of Liability

NEITHER COREBOX NOR ANY COREBOX REPRESENTATIVE WILL BE LIABLE FOR ANY DAMAGES OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, LOSS OF PROGRAMS, DATA, INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES AND REASONABLE ATTORNEYS’ FEES) (“COSTS”) ARISING IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION OR ANY THIRD PARTY REFERENCE (INCLUDING WITHOUT LIMITATION, FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE). THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING COREBOX OR ANY OF THE COREBOX REPRESENTATIVES BEING OR HAVING BEEN ADVISED OF THE POSSIBILITY OR POTENTIAL OF ANY SUCH DAMAGES. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SITE MUST BE MADE WITHIN ONE YEAR AFTER THE CLAIM ARISES, AND FAILURE TO MAKE SUCH A CLAIM WITHIN SUCH ONE-YEAR PERIOD WILL RESULT IN SUCH CLAIM BEING PERMANENTLY BARRED.

Indemnity

You agree to indemnify, defend and hold harmless Corebox, the Corebox Representatives and Corebox suppliers and licensors from and against all Costs resulting from any violation of the Terms and Conditions or any activity (including without limitation negligent or wrongful conduct) related to your use of the Site or the Information.

Governing Law and Jurisdiction

All matters relating to access to, or use of, the Site, any Third Party Reference or the Information, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable to the Province of British Columbia, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of British Columbia and acknowledge that you do so voluntarily. You are responsible for complying with your own local laws.

General

In the event that any parts of any of the Terms and Conditions are held to be indefinite, invalid, illegal or otherwise voidable or unenforceable, the other parts of the Terms and Conditions will not fail on account thereof, and the balance of the Terms and Conditions will continue in full force and effect. The Terms and Conditions constitute the entire agreement between you and Corebox governing your use of the Site and the Information. You may also be subject to other terms and conditions when you access other sites or other portions of the Site (if specified) or if you access or purchase third party content or software (and in the case of a conflict between the Terms and Conditions and the terms and conditions of any third party site, the Terms and Conditions shall govern)d. The failure or delay of Corebox in exercising any right or remedy under the Terms and Conditions or otherwise shall not constitute a waiver of such right or remedy. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.