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Website User Agreement - December 3, 2002



Your Acceptance of this Legally Binding Agreement

IMPORTANT: BY CHECKING THE "I HAVE READ AND AGREE TO THE TERMS OF USE" BOX AND CONFIRMING YOUR ACCEPTANCE BY CLICKING THE "I ACCEPT" BUTTON, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH ALLMYTHINGS INFORMATION SERVICE LTD. If you do not agree with the terms and conditions of this Agreement, do not check the "I have read and agree to the terms of use" box, do not confirm your acceptance by clicking the "I ACCEPT" button and do not access, browse or otherwise use the www.allmythings.com web site (the "Web Site") or information, material, products or services provided therein. You agree that your accessing, browsing or other use of the Web Site constitutes conclusive evidence of your agreement to the terms and conditions contained in this Agreement. This Agreement is between you, the legal entity to which you represent, if any (herein collectively referred to as "you"), and Skystone Information Services Ltd. carrying on business as AllMyThings ("allmythings") and is effective as at the date that you check the "I have read and agree to the terms of use" box and confirm your acceptance by clicking the "I ACCEPT" button.

You further agree that allmythings may change, amend or replace all or any part of this Agreement at any time, that such changes, amendments or replacements shall be effective as of the time of posting of the changes, amendments or replacements to the Web Site. Allmythings will provide notice on the Web Site of any material changes made to this Agreement and your continued use of the Web Site after the time of posting of such notice will constitute evidence of your acceptance of the changed, amended or replaced Agreement. You further agree to regularly review this Agreement for such changes, amendments or replacements. If you do not agree with the changed, amended or replaced Agreement, do not use or access the Web Site or information, material, products or services provided therein. Allmythings may contact you from time to time to notify you of any material changes, amendments or replacements to all or any part of this Agreement provided that you have given allmythings your e-mail address and agreed that allmythings may contact you using that e-mail address. We refer you to our privacy policy for further details as to allmythings’ collection, use and disclosure of personal information.


Payments

Amounts payable by you to allmythings for the use of the Web Site shall be paid in advance prior to you being given access to the Web Site for the Initial Term (as that term is defined herein) and prior to any Renewal Term (as that term is defined herein). Prior to being given access to the Web Site for the Initial Term you shall pay to allmythings the amount set out in the Application Form for the particular level of service you desire. Prior to any Renewal Term, you shall pay allmythings' then current rates for access to the Web Site for the particular level of service that you are then using. Allmythings' current rates at a particular time for access to the Web Site will be posted on the Web Site or you may obtain the rates by contacting allmythings and requesting the current rates for that particular time. Please note that this Agreement is set up to automatically renew for the particular level of service that you have using at the expiry of the Initial Term and any Renewal Term thereafter unless you provide thirty (30) days written notice to allmythings of termination or of a change in the level of service prior to the expiration of the Initial Term or any Renewal Term. Allmythings will charge your credit card, and you hereby authorize allmythings to do so, with the then current rate for access to the Web Site for the particular Renewal Term and the particular level of service that you are using after the date that is thirty (30) days prior to the expiration of the Initial Term or the Renewal Term, as applicable. Allmythings has adopted this billing practice for your convenience, and for your protection, agrees that if allmythings' rate for a particular Renewal Term has increased more than 15% over the rate charged for that level of service in the immediately preceding Initial Term or Renewal Term, as applicable, allmythings will provide notice of such an increase conspicuously on its web site at least sixty (60) days prior to that rate taking effect to give you an opportunity to terminate this agreement or reduce your level of service prior to being charged for a Renewal Term.

The payment set out above for a particular term is for a maximum storage space for the particular level of service selected by you. If at any time you exceed the maximum storage space for your particular level of service, you will be automatically moved up to the next level of service and charged the difference between the price then charged for the next level of service and the price you paid for the previous level of service. Thereafter you will be deemed to have used the next level of service for that particular term and successive Renewal Terms unless you terminate this agreement or request a lower level of service on or before the day that is thirty (30) days prior to the expiration of the Initial Term or any Renewal Term and reduce the storage space used by you accordingly for the successive Renewal Term. Again, allmythings has adopted this billing practice for your convenience, and for your protection, agrees that it will conspicuously post any changes to allmythings' rates for a particular Renewal Term as indicated above if they have increased more than 15% over the rate charged for the immediately preceding Initial Term or Renewal Term, as applicable. In addition, allmythings agrees to use reasonable efforts to notify you when the storage space used by you reaches approximately ninety percent (90%) percent of the current maximum and you agree that you will be responsible for any additional charges for use of additional storage space regardless of whether you actually receive such notice.

Allmythings reserves the right to add, remove or change the fees it charges for the services it provides on the Web Site, to introduce new charges from time to time, and to add, remove or change its usage policies (including storage space) from time to time, provided however that in each case it will provide at least sixty (60) days prior notice to you, such notice to be provided as set out herein.

You will be required to provide allmythings with your credit card information that must be kept current with allmythings as a condition to allmythings providing you with access to the Web Site. You agree to provide true, current and complete information about yourself when registering with allmythings and that you will promptly and diligently update allmythings whenever any of this information is no longer true, not current or incomplete (including your credit card information and billing information). If you are an individual, you represent and warrant to allmythings that you are at least 18 years of age or older.

Taxes

Any amounts payable pursuant to this Agreement are exclusive of all taxes of any kind. If taxes of any sort (other than taxes based solely on the net income of allmythings), including goods and services taxes, sales taxes, value added taxes, assessments, charges, levies, duties and export taxes, are imposed by any taxing authority (including federal, state, provincial, local or other governmental agencies or bodies), in respect of the amounts payable by you to allmythings, such taxes shall be paid by, and shall be the sole responsibility of, you, and you agree to pay such taxes to the appropriate collection authority.

Ownership of Content and Intellectual Property Protection

Any information or data ("Data") transferred by you through the Web Site to a server owned by us for storage shall be owned by, or proprietary to, you. You shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of the Data, as well as the sole responsibility for any infringement of any intellectual property right ("Intellectual Property Right") of any third party in respect of all or any part of the Data, including any right or protection existing from time to time in a specific jurisdiction, whether registered or not, under any patent law or other invention or discovery law, copyright law, publicity, performance or moral rights law, trade secret law, confidential information law, integrated circuit topography law, semi-conductor chip protection law, industrial design law, trade-mark law, unfair competition or trade practices law, or other similar laws and includes legislation by competent governmental authorities and judicial decisions under common law or equity.

Except for Data as set out above, you acknowledge and agree that any and all information, material, products and services, including data (but excluding “Data” owned by you), databases, graphics, text, files, software, interfaces, web pages, product names, company names, trade-marks, logos and trade names contained on the Web Site (collectively the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of allmythings or its licensors.

Content found on the Web Site is protected under patent, copyright, trade-mark, proprietary or other intellectual property laws of Canada, The United States of America, and other applicable jurisdictions, and any unauthorized use of such Content may violate such laws or this Agreement. Except as expressly provided herein, no license under any patents, copyright, trade-mark, proprietary or other intellectual property right is granted or implied by granting access to the Content.

Security Measures

For a detailed description of security measures employed by allmythings click here.
You have assessed the risks of the level of security offered by us in respect of the transmitting and storing of Data on the Web Site, of such security measures being defeated or otherwise rendered ineffective, and have decided that you wish to trust them. The fees charged by us reflect the allocation of risk herein and the limited recourse provided for in this Agreement. Other than as expressly provided for herein, allmythings will have no liability of any kind arising from or relating to the theft, destruction or loss by any means of any Data, however transmitted or published, available on or through the Web Site.

License to Content

You are provided with a limited, personal, non-transferable, non-exclusive license to access, view, read, download and print one copy of the Content. Except as otherwise provided herein or in another written agreement with allmythings, you may access, view, read, download and print the Content subject to the following conditions:

  1. You shall use the Content solely for personal, informational, and internal purposes;
  2. You shall abide by any rules for the use of the Web Site posted on the Web Site by allmythings from time to time;
  3. You shall not bundle, sell, license, sublicense, export, transfer, loan, rent, lease, assign, share, outsource, host, publish, distribute, part with possession or make available to any person, the Content, or any part thereof;
  4. You shall not copy, edit, modify, adapt, create derivative works, translations, adaptations or arrangements, republish, transmit, merge, reverse engineer, decompile or disassemble the Content, or any part thereof;
  5. You shall not create links or deep links to any part of the Web Site or to any Content contained therein;
  6. You shall not frame or mirror any part of the Web Site or any Content contained therein;
  7. You shall not use the Content, or any part thereof, or output therefrom, for the direct benefit of any third party, nor shall you charge or receive, either by direct or indirect payment, or by trade of service, compensation, or fees from any third party, for the use of the Content or output therefrom;
  8. You shall not alter, remove, or destroy any proprietary markings, or confidentiality legends, or notices placed on, or contained within, the Content; or
  9. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of allmythings or its licensors or allow any third-party to access the Content.

Allmythings reserves the right to revoke the authorization to access, view, read, download and print the Content available on the Web Site at any time and for any reason, and any such use shall be discontinued immediately upon notice from allmythings. The rights granted to you herein constitute a license and not a transfer of title.

Collection and Use of Information About You

Allmythings may from time to time monitor your use of the www.allmythings.com web site. See our privacy policy for specific details with respect to our collection, storage, use and disclosure of information about you. You hereby consent to such collection, storage, use and disclosure and waive any right of privacy that you may have. You may, at any time, request access to, correct and delete personal information about you stored by allmythings by contacting allmythings at service@allmythings.com

Disclaimer of Warranties

The Web Site and all Content provided therein is provided "as is" without any representations, warranties, conditions or guarantees of any kind. You understand and agree that the use of the Web Site and the Content provided therein is at your sole risk. ALLMYTHINGS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES WITH RESPECT TO THE WEB SITE OR ANY CONTENT PROVIDED THEREIN, INCLUDING ANY PRODUCT, SERVICE OR SOFTWARE PROVIDED ON THE WEB SITE AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING THE WEB SITE OR THE CONTENT PROVIDED THEREIN, INCLUDING WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, AVAILABILITY, EFFECTIVENESS, NON-INFRINGEMENT, RELIABILITY, SECURITY, PRIVACY, TITLE, TRUTH, USEFULNESS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, ALLMYTHINGS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE WEB SITE OR ANY CONTENT PROVIDED THEREIN WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR REQUIREMENTS OR EXPECTATIONS, OPERATE WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. FINALLY, ALLMYTHINGS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT THE WEB SITE OR THE SERVER(S) THAT CONTAIN OR HOST THE WEB SITE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

Allmythings assumes no responsibility to you or any third party for the consequences of any inaccuracy, error or omission on the Web Site or in respect of the Content provided therein, regardless of cause. ALLMYTHINGS, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR ANY CONTENT PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE USE OF ANY WEB SITE LINKED HERETO, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR ANY KIND, EVEN IF ALLMYTHINGS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.

ALTHOUGH ALLMYTHINGS TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND ALLMYTHINGS MAKES NO REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM THE WEB SITE OR STORED ON A SERVER OF ALLMYTHINGS, OR TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. ALLMYTHINGS ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO ALLMYTHINGS.

IN NO EVENT SHALL ALLMYTHINGS, ITS AFFILIATES, AGENTS, LICENSORS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO EVENTS BEYOND THE REASONABLE CONTROL OF ALLMYTHINGS, INCLUDING VIRUSES, FAILED OR UNDELIVERED MESSAGES, THE CORRUPTION OR LOSS OF DATA, TRANSMISSION ERRORS, ANY ACTION OR INACTION OF AN INTERNET SERVICE PROVIDER, LINKS TO AND THIRD-PARTY WEB SITES AND THIRD-PARTY PRODUCTS AND SERVICES, EVEN IF ALLMYTHINGS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.

ALLMYTHINGS, ITS AFFILIATES, AGENTS, LICENSORS AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO ALLMYTHINGS IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE TIME THAT THE DAMAGES OR LOSS FIRST OCCURRED. YOU ACKNOWLEDGE THAT ALLMYTHINGS’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT.

Local Laws May Not Allow Disclaimer of Warranties or Limitation of Liability

Certain jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability for certain damages, and so all or parts of the provisions set forth above may not apply to you.

Indemnification

You agree to indemnify, defend, and hold allmythings, its affiliates, agents, licensors or their respective directors, officers, agents or employees, harmless against any and all actions, claims, costs, damages, demands, liabilities, proceedings, expenses or loss of any kind (including legal and other fees and disbursements) sustained, incurred or paid by allmythings arising out of the access to or use of the Web Site or any Content contained in or on the Web Site or any breach of, or failure to fulfil, all or any part of this Agreement by you.

User Acknowledgements

You acknowledge and agree that inherent in the procurement, compiling, collecting, interpreting, reporting, communicating, delivering and inputting digitally of the Content, there will be a degree of error which cannot be avoided even with standards of quality control which exceed industry standards.

Your Account

You acknowledge and agree that the account provided by allmythings to you so that you may access, browse, utilize or otherwise enjoy the Web Site, and the password selected by and used by you in conjunction with the account to access, browse, utilize or otherwise enjoy the Web Site, are to be kept secret and confidential. You shall not disclose your account information, including your account number, account name, or password to any other party without the express written permission of allmythings. You further acknowledge and agree that you will be responsible for each and every access, use or enjoyment of the Web Site or the Content that occurs in conjunction with the account and password given to you by allmythings, and that allmythings is authorized to accept the account information and password as conclusive evidence that you have accessed, utilized, or otherwise enjoyed the Web Site or the Content.

You acknowledge and agree that you are fully responsible for maintaining the confidentiality of your account information, including your account number, account name, and/or password, if applicable. You acknowledge and agree that you will logout from your account at the end of each session of use. You acknowledge and agree that you are responsible for damages and repercussions resulting from all uses of your account, whether actually or expressly authorized by you. If you suspect or know that you are being impersonated, or if you suspect or know of any unauthorized use of your account or any other breach of security, you agree to contact service@www.allmythings.com immediately. Allmythings reserves the right to disclose any information, including registration data, in order to comply with any applicable laws and/or government requests for the protection of allmythings and its members.

User Conduct

You agree to abide by all of the following rules when accessing, browsing or otherwise using the Web Site or the Content found therein:

  1. You shall abide by all applicable federal, state, provincial and local laws, including laws, rules or regulations of governmental agencies, authorities or bodies and judicial decisions under common law or equity;
  2. You shall not send unsolicited or unauthorized e-mail, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicated or unsolicited messages;
  3. You shall collect, gather or assemble information or data regarding other users of the Web Site without their express consent;
  4. You shall not sell, license, sublicense, export, transfer, loan, rent, lease, assign, share, outsource, host, publish, distribute, part with possession or make available to any person, or transmit, store or otherwise post on the Web Site, any unlawful, immoral, pornographic, libellous, abusive, harassing, tortious, defamatory, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature, including materials that are harmful to minors;
  5. You shall not sell, license, sublicense, export, transfer, loan, rent, lease, assign, share, outsource, host, publish, distribute, part with possession or make available to any person, or transmit, store or otherwise post on the Web Site, any material that may infringe an Intellectual Property Right of another person;
  6. You shall not sell, license, sublicense, export, transfer, loan, rent, lease, assign, share, outsource, host, publish, distribute, part with possession or make available to any person, or transmit, store or otherwise post on the Web Site, any material that contains any virus, Trojan horse, worm, code, program or other software routines or hardware components designed or created to:
    1. allow unauthorized access to, or use of, the Web Site, allmythings’ network computing environment, individual computers of third parties or any other computing resource, by you or by any third party;
    2. cause any software, hardware, data or web site, including the Web Site and Content, to malfunction;
    3. disable, erase, or otherwise harm software, hardware, data or a web site, including the Web Site and Content; or
    4. perform any other such actions.
  7. You shall not interfere with or disrupt the integrity of any data, software, hardware, or web site, or any servers or networks owned by allmythings, including the Web Site and the Content and the servers or networks used by allmythings to provide the Web Site or Content;
  8. You shall not harass or interfere with another person’s use and enjoyment of the Web Site or Content; and
  9. You shall not act contrary to any additional rules of use posted by allmythings on the Web Site from time to time.

Interaction with Third Parties

The Web Site provides users an area for discussion and e-commerce between parties and includes information, views, opinions, and recommendations of many individuals and organizations, and you may engage in discussions with other parties or purchase goods or services from other parties. Allmythings assumes no responsibility for the accuracy, completeness, objectiveness, or usefulness of the information presented on the Web Site by another party or for any transactions that you engage in with another party. Allmythings does not endorse any recommendation or opinion made by any other party, does not endorse or support any request for a gift or a donation, and does not advocate the purchase or sale of any item or investment.

You should be aware that other parties may not appear to be who they say they are. Allmythings takes no action to perform a background check on any of the parties using the Web Site. You should also be aware that other parties may use the Web Site for personal gain. Therefore, you should approach messages and transactions with the utmost scepticism, and research and inquire into any information or transaction that appears to be questionable.

Restricted Access

You agree that you will not attempt to enter restricted areas of allmythings' computer system or perform functions that you are not authorized to perform pursuant to this Agreement. Allmythings may, without notice, temporarily or permanently suspend your access to the Web Site and the Content by deactivating your account or password if allmythings reasonably suspects that your account is being used to obtain unauthorized access to allmythings’ other systems or information, or is being used in any other inappropriate manner. These suspensions will be for a period of time necessary to permit the thorough investigation of such suspended activity. Allmythings may terminate this Agreement immediately without notice if it is determined that you have undertaken such unauthorized activity or if such unusual activity cannot be reasonably explained.

Amendments to the Web Site

You agree and acknowledge that allmythings may modify any part of the Web Site at any time and that the Web Site, including without limitation any sites associated thereto, may periodically be unavailable to you in order to allow for maintenance and updates.

Termination

The term of this Agreement shall begin on the date that you check the "I have read and agree to the terms of use" box and confirm your acceptance by clicking the "I ACCEPT" button, and shall continue for the initial period paid for by you as set forth in the Application Form (the "Initial Term"), and upon expiration of the Initial Term and each Renewal Term (as that term is defined herein) thereafter, this Agreement will be automatically renewed for an additional one (1) year term ("Renewal Term") unless terminated by either party upon thirty (30) days written notice prior to the expiration of the Initial Term or any Renewal Term. Otherwise, allmythings may terminate this Agreement without notice to you and will do so if you use or attempt to use the Web Site or the Content therein in any manner contrary to the terms of this Agreement, contrary to any additional rules of use posted by allmythings on the Web Site from time to time, or if you default in a payment of any amount payable under this Agreement, when and as due. Any such termination by allmythings shall be in addition to and without prejudice to such rights and remedies as may be available to allmythings, including the suspension or termination of your account or password and injunctive relief enjoining such acts or attempts, it being acknowledged by you that other legal remedies are inadequate.

The Payments, Taxes, Ownership of Content and Intellectual Property Protection, Collection and Use of Information About You, Disclaimer of Warranties, Limitation of Liability, Indemnification, Restricted Access and Termination provisions of this Agreement shall survive the termination or expiry of this Agreement.

Trade-Mark Information

Allmythings and the logos are trade-marks of Skystone Information Service Ltd. The trade-marks and logos (“Marks”) displayed on the Web Site are the property of Skystone Information Services Ltd. You are not permitted to use the Marks without the prior written consent of Skystone Information Services Ltd.

Third Party Web Sites

The Web Site contains links to sites not maintained by allmythings. You are advised that any use of a linked web site and any use of or reliance upon content, products and services of a third party available at such sites is solely at your own risk. In providing links to the other sites, allmythings is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. Allmythings cannot and does not make any representations or warranties with respect to any content, products and services available through these links and disclaims all liability relating to your use of or reliance upon any content, products and services available at or through such sites and disclaims any opinions expressed on such web sites. Links to other web sites or references to content, products and services or publications other than those of allmythings do not imply the endorsement or approval of such web sites, content, products and services or publications by allmythings.

International Users

The Web Site can be accessed from countries around the world and may contain references to Content, including products and services, that are not available in your country. These references do not imply that allmythings intends to market, promote, or distribute such Content, including products and services, in your country.

The Web Site is controlled, operated, and administered by allmythings from its offices within Canada. Allmythings makes no representation that the Web Site, or the Content available therein, are appropriate or available for use at other locations outside the United States and Canada, and access to the Web Site from countries or territories where the Web Site or any of its Contents are illegal is prohibited. If you access the web site from a location outside the United States or Canada, you are responsible for compliance with all local laws.

General Legal Terms and Conditions

No delay or failure by allmythings to exercise any right hereunder, and no partial or single exercise thereof, shall be deemed to constitute a waiver of such right, or any other rights hereunder. Any consent by allmythings to or any waiver of, a breach of any express or implied term of this Agreement, shall not constitute a consent to, waiver of, or excuse of any subsequent or other breach of any express or implied term of this Agreement. No waiver, alteration, or modification by allmythings of any of the provisions of this Agreement shall be binding unless in writing signed by a duly authorized representative of allmythings against which enforcement of such waiver, alteration, or modification is sought.

If any term, covenant, or condition of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, or condition of this Agreement shall be valid, and be enforced to the fullest extent permitted by law.

It is expressly declared that it is not the purpose of this Agreement to create any association, partnership joint venture or syndicate and that neither this Agreement nor the operations hereunder shall be construed or considered as creating any such association, partnership, joint venture or syndicate.

This Agreement may not be assigned or otherwise transferred, nor may any right or obligations hereunder be assigned or transferred, directly or indirectly by you to any other party, whether voluntary, by operation of law or otherwise, without the written consent of allmythings. This Agreement may be assigned or otherwise transferred by allmythings to a parent, subsidiary or affiliate of allmythings, a purchaser of assets from allmythings or by operation of law in a merger, amalgamation, winding-up or other reorganization involving allmythings.

This Agreement (including the Application Form supersedes all prior representations, arrangements, negotiations, understandings and agreements between the parties, both written and oral, relating to the subject matter hereof and sets for the entire complete and exclusive agreement and understanding between the parties hereto relating to the subject matter hereof; no party has relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in this Agreement. Except for the Application Form, no text or other information set forth on any purchase order, pre-printed form or other document shall add to or vary the terms and conditions of this Agreement, except as otherwise provided herein or unless it is expressly stated in such other document that the document is intended to add or vary the terms and conditions of this Agreement.

This Agreement shall be interpreted and enforced in accordance with the laws of Alberta, Canada, without regard to the conflict of law principles applicable therein. Any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction of the Federal Court of Canada and/or the courts of Alberta.

Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be delivered in person, transmitted by facsimile or e-mail or similar means of recorded electronic communication or sent by registered mail, charges prepaid, to allmythings at 7657 10th Street N.E., Calgary, Alberta, Canada, T2E 8X2, or by facsimile at (403) 216-3486, and we may give notice to you by posting a general notice on the Web Site, or delivering, transmitting or mailing the notice to your address, facsimile number or e-mail address provided by you to us on your Application Form.

Any such notice or other communication shall be deemed to have been given and received on the day after it was delivered or transmitted (or, if such day is not a business day, on the next following business day) or, if mailed, on the fifteenth (15th) business day following the date of mailing; provided, however, that if at the time of mailing or within fifteen (15) business days thereafter there is or occurs a labour dispute or other event that might reasonably be expected to disrupt the delivery of documents by mail, any notice or other communication hereunder shall be delivered or transmitted by means of recorded electronic communication as aforesaid. Either party may at any time change its address for service from time to time giving notice to the other party in accordance with this provision.

Contact Us
You may contact allmythings, at 1-877-384-4647 or by e-mail at solutions@allmythings.com.

Copyright Notice
©2003 Skystone Information Services Ltd. All rights reserved. No part of this work may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Skystone Information Services Ltd.

I ACCEPT I DECLINE