Terms and
Conditions of Use and Legal Notices
By accessing the SMS Equipment Inc. (“SMS Equipment”) Web
site (the “Web Site”), you (“you” or “User”) are agreeing to be bound by these
Terms and Conditions of Use and Legal Notices, as well as all applicable laws
and regulations, and agree that you are responsible for compliance with any
applicable local laws. If you do not
agree with any of these Terms and Conditions of Use and Legal Notices, you are
prohibited from using or accessing this Web Site.
Copyright Notice
This Web Site contains copyrighted material which is owned
by or licensed to SMS Equipment (the “Copyrighted Material”). This Copyrighted Material may include, but is
not limited to, the design, layout, look, appearance and graphics of the Web
Site. SMS Equipment retains all copyrights in any text, and logos, graphic or
other images owned by SMS Equipment and displayed or hosted on the Web
Site. SMS Equipment hereby authorizes
you to electronically copy documents published within the Web Site for the
purpose of transmitting or viewing the information. You may not mirror, modify or otherwise alter
any files or Copyrighted Material published in the Web Site for rebroadcast,
print the information contained therein or hide the ownership and authorship of
the information without written permission from SMS Equipment. SMS Equipment and the authors of the
Copyrighted Material maintain all moral rights in and to all Copyrighted
Material published by SMS Equipment on the Web Site.
Trade-mark Notice
This Web Site may contain trade-marks, service marks, logos,
icons and trade-names that are the property of SMS Equipment (collectively, the
“SMS Trade-marks”) or such other party as is indicated with respect to that
trade-mark, service mark, logo, icon, or trade-name. All trade-marks reproduced in the Web Site
which are not the property of, or licensed to, SMS Equipment are acknowledged
on the Web Site. You are not permitted to use the SMS Trade-marks for any
purposes other than those specified in these Terms and Conditions of Use and
Legal Notices or as may be agreed to in writing by SMS Equipment.
Except as expressly provided above, nothing contained herein
shall be construed as conferring any right to reproduce the Copyrighted
Material or use the SMS Trade-marks, or as conferring any other licence or
right to any SMS Equipment intellectual property rights, including but not
limited to copyright, patent and trade-mark.
No Warranties,
Representations, or Conditions
SMS Equipment provides this Web Site and the information
available through this Web Site as a convenience for its customers and
others. SMS Equipment, its employees,
contractors, and agents, and their respective service providers, make no express
or implied representation, warranty or condition of: title, non-infringement,
merchantability, fitness for a particular purpose, performance, or durability;
or that the information available through this Web Site will be accurate,
complete, or timely. SMS Equipment, its employees, contractors, and agents, and
their respective service providers hereby disclaim all such representations,
warranties and conditions to the fullest extent permitted by law.
Unauthorized use of this Web Site may give rise to a claim
for damages and/or may be a criminal offense. SMS Equipment, its employees,
contractors, and agents, and their respective service-providers, will not be
liable to you or any other person for any loss or damage arising from,
connected with, or relating to your use of this Web Site or your use of or
reliance upon the information available through this Web Site. By using the Web Site, you agree to indemnify
and hold harmless SMS Equipment from and against any and all losses, expenses,
damages, and costs, including without limitation reasonable attorneys fees,
resulting directly or indirectly from your use of the Web Site and/or your
violation of any of these Terms and Conditions of Use and Legal Notices.
User Conduct
User shall use the Web Site for lawful purposes only. User shall not, and agrees not to use the Web Site to :
1. Post or transmit any material which :
a. violates or infringes in any way upon the rights of others;
b. is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, hateful, profane or otherwise objectionable,
c. encourages conduct that would constitute a criminal offense,
d. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Web Site,
e. gives rise to civil liability or otherwise violates any law, or
f. without SMS Equipment’s express prior approval, contains advertising or any solicitation with respect to product or services;
2. use or attempt to use another User’s account, service, or personal information, or impersonate another person or entity;
3. remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Web Site;
4. advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to use or subscribe to other on-line information services competitive with SMS Equipment or the Web Site; or
5. restrict or inhibit any other person from using or enjoying the Web Site or the services and features offered by SMS Equipment through the Web Site.
User shall not, and agrees not to use the Web Site to,
upload, post or otherwise make available on the Web Site any material protected
by copyright, trade-mark or other proprietary right without the express
permission of the owner of the copyright, trade-mark or other proprietary
right. The burden of determining that any material is not protected by
copyright, trade-mark or other proprietary right rests with User. User shall be
solely liable for any damage resulting from any infringement of copyrights,
trade-marks, and other proprietary rights, or any other harm resulting from the
User uploading, posting or otherwise making such material available through the
Web Site.
By submitting material to any public area of Web Site, User
automatically grants, or warrants that the owner of such material has expressly
granted SMS Equipment the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part) worldwide, and/or to incorporate
it in other works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in such material.
By submitting material to any public area of Web Site, User also permits any
other User to access, view, collect, use, store or reproduce the material for
that other User’s personal use. User hereby grants SMS Equipment the right to
edit, copy, publish and distribute any material made available to any public
area of Web Site by User.
General Provisions
Your right to access and use the Web Site terminates
automatically upon your breach of any of these Terms and Conditions of Use and
Legal Notices. SMS Equipment may at its sole discretion, at any time, modify,
suspend or terminate the operation of or access to the Web Site or any of the
services offered by SMS Equipment through the Web Site, or may interrupt the
operation of the Web Site, or any portion of the Web Site, for any reason. The
disclaimer of warranties, representations or conditions on the part of SMS
Equipment, User’s indemnification of SMS Equipment, and the jurisdiction and
applicable law provisions shall survive any termination of your right to access
and use the Web Site.
These Terms and Conditions of Use and Legal Notices may be
changed, removed, added to or otherwise modified by SMS Equipment from time to
time at SMS Equipment’s sole discretion and without any prior notice or
liability to you or any other person. We encourage you to periodically review
these Terms and Conditions of Use and Legal Notices. All new, amended, or otherwise modified terms
take effect immediately. Your continued use of the Web Site subsequent to any
modifications to these Terms and Conditions of Use and Legal Notices signifies
that you agree to use the Web Site in accordance with the modified Terms and
Conditions of Use and Legal Notices.
The collection, use and disclosure of your personal
information is governed by the provisions of the 'SMS Equipment Privacy
Statement' as may be amended from time to time. A current version of the
SMS Equipment Privacy Statement is available here.
These Terms and Conditions of Use and Legal Notices shall be
governed and construed according to the laws of the Province of Alberta
without regard to its conflict of law provisions. Any claim relating to your
use of the Web Site shall be governed by the laws of the Province of Alberta
without regard to its conflict of law provisions, and you hereby agree to
attorn to the jurisdiction of the courts of Alberta for the purposes of
resolving any dispute relating to these Terms and Conditions of Use and Legal
Notices or your use of the Web Site.
These Terms and Conditions of Use and Legal Notices
constitute the entire agreement between you and SMS Equipment relating to this
subject matter and supersede all prior, contemporaneous and future
communications (with the exception of future amendments made to the Terms and
Conditions of Use and Legal Notices from time to time by SMS Equipment at its
sole discretion) between you and SMS Equipment.
Your Comments
If you have any comments questions about these Terms and
Conditions of Use and Legal Notices, please contact SMS Equipment Inc. at webmaster@smsequip.com