|
Certified AVMs Corporation Terms
and Conditions
These Terms and Conditions describe the terms and conditions applicable to
your use of the Certified AVMs Corporation ("Certified AVMs") Web
site (the "Web site").
Certified AVMs may amend these Terms and Conditions at any time by posting
the amended terms on the Web site, which shall constitute notice to you
thereof. Except, as stated below, all amended terms shall be effective
immediately upon such notice.
These Terms and Conditions were last amended on September 1, 2004.
1. Acceptance of Terms.
By using the Web site, you agree to be bound by these Terms and Conditions.
If you do not agree with any of these terms or conditions, please do not
use the Web site.
2. Description of Services.
Certified AVMs is a technology provider, providing technology to financial
institutions, financial intermediaries and other service providers.
Certified AVMs is not engaged in, nor does it solicit, the trading of
securities. Certified AVMs is not and does not hold itself out as a
mortgage broker. Certified AVMs does not render appraisals of real
property.
3. Disclaimer. You
expressly agree that your use of the Web site is at your sole risk. The
materials and information on the Web site are provided on an "as
is" and "as available" basis. Certified AVMs does not
warrant or make any representations concerning the accuracy, likely
results, or reliability of the use of the materials/information, including
any related graphics, on its Web site or otherwise relating to such
materials/information or on any sites linked to this Web site. Certified
AVMs makes no representation or warranty that access to the Web site will
be uninterrupted, timely, secure, or error free. You understand and agree
that any material downloaded or otherwise obtained through the use of the
Web site is done at your own discretion and risk and that you will be
solely responsible for any damage to your computer system or loss of data
that results from downloading such material.
4. Limitation of Liability.
In no event will Certified AVMs be liable for any damages whatsoever,
including special, direct, indirect, incidental or consequential damages,
arising out of or in connection with the: use of; or performance of; or the
information available or referred to on; the Web site, including but not
limited to, damages for loss of profits or revenues suffered by you, your
clients or third parties howsoever caused and resulting from breach of
contract, tort, negligence or other legal statutory or equitable grounds,
even if Certified AVMs has been advised of the possibility of such damages.
5. Copyright. All
materials and information published or otherwise accessible through this
Web site, including but not limited to, news articles, text, photographs,
images, illustrations, audio clips, software and other materials (the
"Content") are protected by copyright, trademarks and/or other
rights and laws, and are owned or controlled by Certified AVMs or its
licensors. Portions of the Web site may be provided to Certified AVMs under
license. The copying, reproduction, or publication of any part of the Web
site is strictly prohibited, unless expressly authorized in writing by
Certified AVMs. You agree to abide by all additional copyright notices,
information and restrictions contained in any content accessed through the
Web site.
6. Trademarks.
The trademarks, logos and service marks, including but not limited to
"Certified AVMs", and other names, logos and icons identifying
Certified AVMs's products and services and such
other product, names, logos and icons of third parties (collectively the
"Trademarks") displayed on the Web site, are registered and
unregistered Trademarks of Certified AVMs and third parties. Nothing
contained on the Web site should be construed as granting, by implication,
estoppels, or otherwise, any license or right to use any Trademark
displayed on the Web site without the written permission of Certified AVMs
or such third party that may own the Trademarks displayed on the Web site.
Your misuse of the Trademarks displayed on the Web site, or any other Content
on the Web site, except as provided in these Terms and Conditions, is
strictly prohibited. You are also advised that Certified AVMs will
aggressively enforce its intellectual property rights to the fullest extent
of the law.
7. Use of this Site.
While visiting the Web site you may not: (A) post, upload, publish,
reproduce, transmit or otherwise distribute information or other material (i) constituting or encouraging conduct that would
constitute a criminal offense or give rise to civil liability, or (ii)
which is protected by copyright, or other intellectual property right, or
derivative works with respect thereto, without obtaining permission of the
copyright owner or right holder; or (B) otherwise use this site in a manner
which is contrary to law including the posting or transmitting of any
information or software which contains a virus, cancelbot,
Trojan horse, worm or other harmful or disruptive component.
8. Indemnity. You
agree to defend, indemnify and hold Certified AVMs and its affiliates and
related companies, directors, officers and employees, harmless from any and
all liabilities, costs and expenses, including reasonable legal fees,
related to any violation of these Terms and Conditions by you or users of
your account, or in connection with the use of the Web site or the
placement or transmission of any information or other materials on the Web
site by you or users of your account.
9. Links.
Certified AVMs has not reviewed the Web sites linked to or linked from the
Web site and is not responsible for the contents of any such linked site.
Certified AVMs makes no representations or warranties whatsoever about any
such linked site. When you access a non-Certified AVMs Web site, you
understand and acknowledge that it is independent from Certified AVMs, that
Certified AVMs has no control over the content on any such Web site, and
that Certified AVMs does not assume any responsibility or liability for any
communications or materials available at such Web site and does not endorse
the content or the use of such Web site. Use of any such linked Web site is
at the user's own risk.
Without limiting the generality of the foregoing, you acknowledge and agree
that the investor information link on the Web site to the Toronto Stock
Exchange Web site is provided for informational and educational purposes
only and is provided on a time delayed basis.
10. Revisions.
Certified AVMs reserves the sole right to either modify or discontinue the
Web site including any features therein at any time with or without notice to
you.
11. Termination.
You agree that Certified AVMs may, in its sole discretion, terminate or
suspend your access to all or part of the Web site for any reason,
including without limitation, breach of these Terms and Conditions. Should
you object to the Terms and Conditions or any subsequent modifications
thereto or become dissatisfied with the Web site in any way, your only
recourse is to immediately discontinue use of the Web site.
12. Miscellaneous.
These Terms and Conditions, including any and all documents referenced
herein constitute the entire agreement between Certified AVMs and you
pertaining to the subject matter hereof. Certified AVMs's
failure to insist upon or enforce strict performance of any provision of
these Terms and Conditions shall not be construed as a waiver of any
provisions or rights. The invalidity or unenforceability of any provision
of these Terms and Conditions shall not affect the validity or
enforceability of any other provision hereof and any such invalid or
unenforceable provision shall be deemed to be severable. These Terms and
Conditions shall be governed by and construed in accordance with the
federal laws of the United
States of America applicable therein.
The parties have required that these Terms and Conditions and all documents
relating hereto be drawn up in English.
Certified AVMs has no obligation to monitor this site. However, you agree
that Certified AVMs has the right to monitor this site electronically from
time to time and to disclose any information as necessary to satisfy any
law, regulation or other governmental request, to operate this site
properly, or to protect itself or its subscribers. Certified AVMs reserves
the right to refuse to post or to remove any information or materials, in
whole or in part, that, in its sole discretion, are unacceptable,
undesirable, or in violation of these Terms and Conditions.
All funds listed on the Web site are in US dollars, unless otherwise
stipulated.
13. Contact Us.
If you have any issues/difficulties with the terms, conditions, rules,
policies, guidelines or practices which Certified AVMs Corporations to
operate this site, please Contact Us, and we will be happy to address your
concerns.
|
