LethbridgeLink.com Terms of Use
Last Updated: November 1, 2004

1. THIS IS AN AGREEMENT BETWEEN YOU AND LETHBRIDGELINK.COM

This is an agreement ("Agreement") between you and LethbridgeLink.com Inc. This Agreement governs your use of any Web site or Web page operated by LethbridgeLink.com Inc. (each, a "LethbridgeLink.com Website" and collectively, the "LethbridgeLink.com Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.

LETHBRIDGELINK.COM INC. OFFERS THE LETHBRIDGELINK.COM WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE LETHBRIDGELINK.COM WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
 

2. HOW LETHBRIDGELINK.COM MAY MODIFY THIS AGREEMENT

LethbridgeLink.com reserves the right to change the terms, conditions, and notices under which it offers the LethbridgeLink.com Web Sites, including any charges associated with the use of the LethbridgeLink.com Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on LethbridgeLink.com. Your continued use of LethbridgeLink.com after the effective date of such changes constitutes your acceptance of and agreement to such changes.

4. NO UNLAWFUL OR HARMFUL USE OF THE LETHBRIDGELINK.COM WEB SITES

You will not use the LethbridgeLink.com Web Sites in any way that is unlawful, or harms LethbridgeLink.com, its affiliates, resellers, distributors, service providers and/or suppliers.  Without limiting the generality of this section, you may not use the LethbridgeLink.com Web Sites in any manner that could damage, disable, overburden, or impair any LethbridgeLink.com Web Site (or the network(s) connected to any LethbridgeLink.com Web Site) or interfere with any other party's use and enjoyment of the LethbridgeLink.com Web Sites.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY

Without limiting the generality of Section 4, you will not use the LethbridgeLink.com Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.

8. INFORMATION AVAILABLE FROM THE LETHBRIDGELINK.COM WEB SITES

LethbridgeLink.com and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the LethbridgeLink.com Web Sites.  LethbridgeLink.com does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the LethbridgeLink.com Web Sites is intended to constitute professional advice.

9. LETHBRIDGELINK.COM MAKES NO WARRANTY

LETHBRIDGELINK.COM PROVIDES THE LETHBRIDGELINK.COM WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LETHBRIDGELINK.COM PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE LETHBRIDGELINK.COM PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE LETHBRIDGELINK.COM WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY LETHBRIDGELINK.COM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE LETHBRIDGELINK.COM WEB SITES, EVEN IF SUCH LETHBRIDGELINK.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE LETHBRIDGELINK.COM WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY LETHBRIDGELINK.COM PARTY WITH RESPECT TO THIS AGREEMENT OR THE LETHBRIDGELINK.COM WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LETHBRIDGELINK.COM WEB SITES.

11. CHANGES TO THE LETHBRIDGELINK.COM WEB SITES; ADDITIONAL LIABILITY LIMITATION

THE LETHBRIDGELINK.COM PARTIES MAY CHANGE THE LETHBRIDGELINK.COM WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the LethbridgeLink.com Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by LETHBRIDGELINK.COM and persons other than LethbridgeLink.com Inc. (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE LETHBRIDGELINK.COM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT LETHBRIDGELINK.COM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE LETHBRIDGELINK.COM WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE LETHBRIDGELINK.COM WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE LETHBRIDGELINK.COM WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE LETHBRIDGELINK.COM WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

12. TERMINATION; ACCESS RESTRICTION

LethbridgeLink.com may terminate this Agreement, or terminate or suspend your access to the LethbridgeLink.com Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the LethbridgeLink.com Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE LethbridgeLink.com WEB SITES MAY NOT BE RETRIEVED LATER.

13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

If this Agreement is with LethbridgeLink.com, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the province of Alberta, without reference to conflict of laws principles. If this Agreement is with a LethbridgeLink.com affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such LethbridgeLink.com affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in Canada, or, if you reside outside of Canada, under the laws of the country to which the subject LethbridgeLink.com Web Sites are directed.

14. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed outdated by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. LethbridgeLink.com may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the LethbridgeLink.com Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and LethbridgeLink.com with respect to the LethbridgeLink.com Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and LethbridgeLink.com with respect to the LethbridgeLink.com Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND LETHBRIDGELINK.COM INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LETHBRIDGELINK.COM WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the LethbridgeLink.com are Copyright © 2004 LethbridgeLink.com Inc. and/or its suppliers, PO Box 2103, Lethbridge, AB.  All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.