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Terms of Service – Evaluate It By SQM



1. Trademark and Copyright Notices               

Copyright © 2013 Sensors Quality Management Inc. All rights reserved. Except for public domain material or material otherwise licensed to Evaluate It by SQM, the material on this website, including all content, site design, text, graphics, and the arrangement thereof, are protected by copyright and other intellectual property laws, and are owned or controlled by Evaluate It by SQM or the party credited as the provider of the materials. All rights reserved. This website contains trademarks of Evaluate It by SQM and may not be used in connection with any product or service not related to Evaluate It by SQM or related sites, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Evaluate It by SQM All rights reserved. All other trademarks, service marks, trade names and/or other marks referred to on this website are the property of their respective owners. 

2. Restrictions on Use of Materials

Except as expressly provided herein, no material from this website may be modified, republished, uploaded, posted, transmitted, sold or distributed in any way, without the prior written permission of Evaluate It by SQM. Prohibited uses include, without limitation: (a) modifying, translating, reverse engineering, decompiling, disassembling the materials; (b) renting, leasing or transferring any rights in the materials; (c) removing any proprietary notices or labels on the materials; (d) violating, plagiarizing or infringing on the rights of any third party, including copyright, trademark, privacy or publicity, contract or other personal or proprietary rights; and (e) making any other use of the materials for any other purpose (including use of any such material on any other website or networked computer environment). Any unauthorized use may subject you to civil liability and criminal prosecution under applicable laws. You agree that any copy of the site materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original.

3. Disclaimers                

a) No Warranty - All materials on this website or any hyper-linked site, including and without limitation, information, text, graphics and links are provided on an "as is" and "as available" basis and without warranties of any kind either express or implied. Evaluate It by SQM does not warrant that the functions contained in the site materials will be uninterrupted or error-free, that defects will be corrected, or that the site or server that makes it available are free of viruses or other harmful components. While Evaluate It by SQM believes the information to be correct, Evaluate It by SQM does not represent or warrant that the information accessible via this website is accurate, complete or current. 

b) No Advice - This website, including and without limitation the information, text and other contents contained on it or on any hyper-linked site, is not intended to be a comprehensive or detailed statement concerning the matters herein addressed or on any such site, or investment, legal, tax, accounting, trading, financial or other professional or expert advice, and should not be relied upon as such. In no way should the information and materials contained herein or on any hyper-linked site be construed as a recommendation or as an offer to purchase or sell or the solicitation of an offer to purchase or sell any security, bond, mutual fund or other financial instrument or product or to participate in any particular trading or investment strategy. Many of the products, services and financial instruments mentioned herein or on any hyper-linked site involve significant risks and you should not enter into any transactions unless you fully understand all such risks and determine that such transactions are appropriate in your circumstances. You are advised to seek professional advice before acting or declining to act on any information or materials provided on this website or on any hyper-linked site. If you use the information or materials provided on this website or on any hyper-linked site, you do so at your own risk.

c) No Reliance on Forward Looking Statements - This website and hyper-linked sites may include forward-looking statements about the operations, objectives and expected financial results of the clients of Evaluate It by SQM and others. Such statements are inherently subject to uncertainties arising from a variety of factors, including, but not limited to, legislative or regulatory changes, competition, technological developments and global economic and financial conditions. You acknowledge and understand that actual results, performance or achievements could differ materially from any future results, performance or achievements that may be expressed or implied by such forward-looking statements and you will not unduly rely on such forward-looking statements.

d) No Relationship - Your use of this website is not intended and shall not be deemed to create any legal relationship of any kind between you and Evaluate It by SQM, nor to amend or vary any existing legal relationship.

e) General - To the maximum extent permissible under law, Evaluate It by SQM disclaims all representations, warranties and conditions, express or implied, including but not limited to implied warranties and conditions of merchantability, merchantable quality and fitness for a particular purpose, title, non-infringement of proprietary rights, and implied warranties and conditions arising from the course of dealing or course of performance.

4. Limitation of Liability

You agree that Evaluate It by SQM and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees shall not be liable for any damages of any kind arising from the use of this website or any hyper-linked site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including but not limited to, direct, indirect, special, incidental, consequential or punitive damages resulting from the use of or reliance on the site materials. In no event shall Evaluate It by SQM’s total liability to you for all damages, losses, and causes of action, whether in contract, tort (including but not limited to negligence) or otherwise, exceed any amounts paid by you to Evaluate It by SQM to access this website in the month immediately preceding the event giving rise to such liability.

5. Indemnity

You agree to indemnify, defend and hold harmless Evaluate It by SQM and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees, from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party. Evaluate It by SQM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall cooperate as fully as reasonably required in the defense of any claim

6. Termination

Evaluate It by SQM may, in its sole discretion, terminate or suspend your access to all or part of the materials for any reason, including and without limitation, breach of these terms and conditions or transmission of any illegal or offensive content or unsolicited advertising to the site.

7. Registration

To use certain features of the Web site, you may be asked to register with the Web site. You agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Evaluate It by SQM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Evaluate It by SQM has the right to suspend or terminate your access to and use of the Web site (or any portion thereof). 

8. Passwords

To use certain features of the Web site, you may also need a username and password, which you will receive through the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify Evaluate It by SQM immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Evaluate It by SQM cannot and will not be liable for any loss or damage arising from Evaluate It by SQM failure or your failure to protect your password or account information.

9. User Submissions and Chat Services

If you are provided with any services which enable users to communicate with or otherwise share information with other persons, you agree not to submit, publish, display, disseminate or otherwise communicate any libelous, defamatory, inaccurate, abusive, threatening, offensive or illegal material while connected to or otherwise using this website. Transmission of such material or any material that violates any federal, provincial, or local law in Canada or the laws of any other jurisdiction where this website is accessed from, shall constitute a material breach of these terms and conditions, entitling Evaluate It by SQM to terminate all rights to access this website. Evaluate It by SQM does not and cannot review every submission posted by users and is not responsible for, nor does it endorse, any content of these submissions. You acknowledge that any submissions may be edited, removed, modified, published, transmitted and displayed by Evaluate It by SQM or the site administrators, in their sole discretion. Users remain solely responsible for the content of their submissions.

By submitting content to any area of this website, including message boards, forums, contests and chat rooms, you grant Evaluate It by SQM and its affiliates a royalty-free, perpetual, irrevocable, transferable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the site retains any and all rights that may exist in such content.

10. Hyper-Links to Third Party Sites

This website may contain hyper-links to third party websites. Access to any other Internet sites linked to this website is at your own risk and Evaluate It by SQM is not responsible for the availability, accuracy or reliability of the contents of any linked site or any link contained in a linked site. Evaluate It by SQM provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any products, services, materials or statements contained or referred to thereon by Evaluate It by SQM.

11. Jurisdictional Issues

Evaluate It by SQM makes no representation that materials on this website are appropriate or available for use in all locations and is void where prohibited by law. Those who choose to access this website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

12. General

This Agreement and your use of this website shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to any choice of law or conflict of law principles, and without reference to the UNCITRAL Convention on Contracts for the International Sale of Goods. Any dispute arising under this Agreement shall be resolved exclusively by the courts located in Toronto in the province of Ontario. You agree not to bring any legal action against Evaluate It by SQM in any jurisdiction except the Province of Ontario and you shall submit and consent to such jurisdiction. If any provision of this Agreement shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. 

Please check back frequently to see any updates or changes to this Agreement. Your continued use of this website following the posting of changes will mean you accept and agree to be bound by such changes.