This website ("Site") is provided to you by ExamOne Canada  ("E1C"). Your access to and use of this Site is subject to these Terms and Conditions of Use. By accessing this Site you ("you") agree to be bound by these Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this Site. E1C may at its sole discretion modify these Terms and Conditions of Use at any time and such modifications will be effective immediately upon being posted on this Site. Your continued use of this Site will indicate your acceptance of these modified Terms and Conditions of Use.

Price and Availability:

The services offered or referred to on this Site are subject to availability. The prices for such services are subject to change without notice.

Reliance On Information:

This site may include inaccuracies or typographical errors that may be corrected as they are discovered at E1C's sole discretion.

Changes to the Site:

Changes may be made at any time to the information, names, texts, software, images, pictures, logos, trade-marks, products and services and any other material displayed on, offered through or contained on this Site.

Changes to Terms and Conditions of Use:

E1C may at any time, at its sole discretion, modify these Terms and Conditions of Use, with or without notice. Such modifications will be effective immediately upon posting. You agree to review these Terms and Conditions of Use periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to any modification of these Terms and Conditions of Use, you must immediately stop using this Site.

Privacy Policy:

E1C's personal information practices on this Site are governed by E1C's Privacy Policy. Please review our corporate privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of majority.

Links:

This Site may contain links to or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services, provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of E1C or its affiliates. Your use of such third party website is subject to the terms and conditions of use and the privacy policies of such websites.

Your Obligations:

Your use of this Site will be in compliance with all applicable laws and regulations. You will not: (a) use this Site to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to individuals or entities who have not agreed to be part of such mailings; (b) omit, delete forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e)send harassing and/or threatening messages to others; (f) post excessive (20 or more copies of the same article in a 45-day period) or repeated off-topic articles to news groups; (g) engage in 'flooding i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email addresses).

You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content on or through this Site that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trade-mark, trade secret, patent or other proprietary rights; (c) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (d) contains personally identifiable information not belonging to you including personal information belonging to minors.

To the extent that the following activities are prohibited by applicable law, in using this Site you will not: (a) use the Site for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads of copyright infringing or other illegal material; (c) electronically stalk or otherwise electronically harass others; (d) engage in any internet activities that would violate the privacy rights of others, including but not limited to , collecting using and disclosing information about Internet users without their permission, except as permitted by applicable law. (new paragraph) To the extent that any of the following activities materially interfere with this Site or the network and systems of a E1C's service provider ("Third Party Services"), you will not: (a) post disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site or the Third Party Services; (b) use Internet Relay Chat (IRC) bots or other programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (c) hinder the ability of other to use IRC; (d) disrupt the normal flow on this Site or the Third Party Services or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to this Site or the Third Party Services; (f) use this Site or the Third Party Services to access the accounts of others without permission; (g) attempt to penetrate security measures of this Site, the Third Party Services, or another entity, or obtain or bypass others' passwords; or (h) engage in denial of service attacks, or take actions designed to impair network access by flooding a site or the Internet with useless traffic.

You acknowledge and agree that you are solely responsible for your USER ID account and the security of your password relating to such account and that you will not disclose it to any third parties. In addition, you will promptly advise E1C of any unauthorized use of your password.

Intellectual Property

The materials displayed on or contained within this Site including, without limitation all software, design, text, editorial materials, information text, photographs, illustrations, games, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trade-marks and service marks the ("Materials"), are the property of E1C or its licensors and are protected by copyright, trade-mark and other intellectual property laws.

E1C hereby grant you a personal, non-exclusive, non-assignable and non-transferable license to use and display the materials for non-commercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to produce, reproduce, republish, modify, create, derivative works from, display perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any Materials to any third party (including, without limitation, the display of any distribution of Materials via a third party website) without express prior written consent of E1C. Use of Materials is only permitted with the express written permission of E1C and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials. This provision shall survive the termination of your right to use this Site.

Disclaimer of Warranties:

THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN " AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. E1C MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING FROM STATUTE OR OTHERWISE, WITH RESPECT TO THIS SITE, ITS CONTENT, OR SUCH SOFTWARE, LINKS, TOOLS, TIPS, PRODUCTS AND SERVICES OFFERED OR CONTAINED HEREIN, AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY, AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES, PROVIDED THROUGH THIS SITE. IN ADDITION, E1C DOES NOT PROVIDE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HERBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.

Limitation of Liability:

IN NO EVENT SHALL E1C, ITS AFFILIATES, E1C FRANCHISEES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE ,TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT E1C HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.

YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE THROUGH YOUR USERID ACCOUNT.

Indemnification:

You agree to identify and hold harmless E1C and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this Site including transmission or placement of information or material by you on this Site. This provision shall survive the termination of your right to use this Site.

Termination:

E1C may at any time and at its sole discretion terminate your right to use this Site.

Governing Law:

These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario an the laws of Canada applicable therein. This provision shall survive the termination of your right to use this Site.

Dispute Resolution:

All claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms and Conditions of Use; (b) this Site; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this Site; or (d) the relationship which results from these Terms and Conditions of Use (including relationships with third parties who are not party to these Terms and Conditions of Use) (collectively "Claim"), will be referred to and determined by arbitration. To the extent permitted by applicable laws, you agree to waive any right you may have to commence or participate in any class action against E1C related to any Claim and, where applicable, you also agree to opt out of any class proceedings against E1C.

If you have a Claim, you should give E1C a written notice to arbitrate at Attn: Chief Financial Officer, 145 Sparks Ave, Toronto Ontario, M2H 2S5. Arbitration of Claims will be conducted in such forum and pursuant to such rules as you and E1C agree upon, and failing agreement will be conducted by one arbitrator pursuant to the laws and rules relating to arbitration in the province in which you reside that are in effect on the date of the notice to arbitrate.

The provision shall survive the termination of your right to use this Site.

General: 

Except for the Terms and Conditions of USE which govern all orders made through this Site and the USER rules which apply to all dealings between users and E1C, these Terms and Conditions of Use constitute the entire agreement between you and E1C with respect to your use of this Site and supercede all previous agreements, understandings and representations relating thereto. In the event of an inconsistency between these Terms and Conditions of Use, and the User ID Rules, these Terms and Conditions of Use shall prevail. No failure by E1C or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of this agreement or part thereof is or becomes illegal, invalid or unenforceable, in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity, or enforceability of the remainder of the provision or the remaining provisions of this Agreement, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. It is the express wish of the parties that these Terms and Conditions of Use and all related documents be drawn up in English. C'est la volonte expresse des parties que la presente convention ainsi que tous les documents qui s'y rattachent soient rediges en anglais. This provision shall survive the termination of your right to use this site.

2004 ExamOne Canada