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Terms
and Conditions |
WE THANK YOU FOR YOUR INTEREST IN THE AMICHI WEB SITE (THE "AMICHI
Site"). PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE
"TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE
AMICHI Site.
BY USING THE AMICHI Site, YOU AGREE TO COMPLY WITH ALL OF THE
TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE TO THE
TERMS AND CONDITIONS, PLEASE DO NOT USE THE AMICHI SITE. WE
RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY THE TERMS
AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND
CONDITIONS. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED USE OF THE AMICHI Site SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.
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1. Rights in AMICHI Site and Content
The AMICHI Site and all content provided on the AMICHI Site is
protected by copyright, trade-mark, and other applicable
intellectual property and proprietary rights laws, and is owned,
controlled, and/or licensed by AMICHI and/or its affiliates and
related companies. Nothing contained on the AMICHI Site should be
considered as granting, by implication, or otherwise, any
license or right to use any trade-marks, logos, or other names,
including, but not limited to, those identifying AMICHI and/or
its affiliates and related companies or their respective
products and services displayed on the AMICHI Site, without the
expressed written consent of AMICHI or such third party that may
own such trade-marks, logos and other names displayed on the
AMICHI Site. |
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2. Use of AMICHI Site and Content
2.1 No information or material
from the AMICHI Site may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way
whatsoever except that you may download one copy of the
materials on any single computer, for your personal,
non-commercial home use only, provided you keep intact all
copyright and proprietary notices. You agree that you do not
acquire any ownership rights in any downloaded content. You
agree to abide by all copyright notices, information and
restrictions contained in any content on the AMICHI Site and any
content accessed through the AMICHI Site. You are hereby advised
that AMICHI will aggressively enforce its intellectual property
rights to the fullest extent permitted by law. |
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2.2 You will use the AMICHI Site
and any content, material, or information found on the AMICHI
Site solely for lawful purposes. You shall not upload to,
distribute to, or otherwise disseminate through the AMICHI Site
any material or information of any kind that is libelous,
defamatory, obscene, pornographic, abusive, or otherwise
violates any law or infringes or violates any rights of any
other person or entity, or contains a solicitation of funds,
advertising, or a solicitation for goods or services. You will
be solely responsible for the content of any material or
information that you make available through the AMICHI Site. You
will also be liable for any loss or damage resulting, directly
or indirectly, from your making any material or information
available through the AMICHI Site. |
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2.3 AMICHI has no obligation to,
and does not and cannot review, every item of material or
information that you and users other than yourself make
available through the AMICHI Site, and AMICHI is not responsible
for any of this material or information. However, AMICHI reserves
the right to monitor, delete and/or refuse to transmit, move, or
edit any material or information, in whole or in part, without
notice to you, that it deems in its sole discretion,
unacceptable, undesirable or in violation of any law. Without
limiting the generality of the foregoing, AMICHI reserves the
right to restrict or prohibit the sending of unsolicited bulk or
commercial messages or the sending of numerous copies of the
same or substantially similar messages or very large messages to
a recipient. |
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2.4 You hereby grant to AMICHI a
worldwide, royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish,
translate, distribute and sublicense any and all material or
information submitted by you to the AMICHI Site and/or to
incorporate it in other works regardless of form, medium or
technology. |
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3. Disclaimer of
Warranties & Limitation of Liability |
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3.1 THE INFORMATION CONTAINED ON
THE AMICHI Site IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT
INTENDED TO MEET ANY PARTICULAR USER’S NEED. DOCUMENTS PROVIDED
ON THE AMICHI Site ARE PROVIDED AS A SERVICE ONLY, AND DO NOT
CONSTITUTE OFFICIAL VERSIONS OF SUCH DOCUMENTS. THE AMICHI Site,
AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR
ACCESSED THROUGH THE AMICHI Site, ARE PROVIDED ON AN "AS IS"
BASIS. AMICHI, ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND
AGENTS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES
OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR
PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY
REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY
COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE AMICHI
Site OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE AMICHI
Site. neither AMICHI NOR ITS AFFILIATES AND RELATED COMPANIES,
AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
CONSULTANTS AND AGENTS MAKES any representations or warranties
as to the accuracy, TIMELINESS, reliability, TRUTHFULNESS OR
completeness OF THE AMICHI Site OR THE CONTENT CONTAINED IN OR
ACCESSED THROUGH THE AMICHI Site, INCLUDING, BUT NOT LIMITED TO,
THE contents of any content, information, material, OR posting
found on the AMICHI Site (INCLUDING, BUT NOT LIMITED TO, ANY
PRESS RELEASES OR FINANCIAL INFORMATION), any Services provided
through the AMICHI Site, or any links to other sites made
available on the AMICHI Site OR THE CONTENT CONTAINED ON SUCH
SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION
OF THE INTERNET OR THE AMICHI Site. NEITHER AMICHINOR ITS
AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY
REPRESENTATIONS OR WARRANTIES THAT THE AMICHI Site OR ACCESS TO
AND USE OF THE AMICHI Site WILL BE UNINTERRUPTED, ERROR FREE, OR
FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. You
expressly agree that use of the AMICHI Site Is at your sole risk.
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3.2 INFORMATION PROVIDED ON THE
AMICHI Site MAY CONTAIN REFERENCES OR CROSS REFERENCES TO AMICHI,
ITS AFFILIATES AND RELATED COMPANIES’ PRODUCTS AND SERVICES THAT
ARE NOT AVAILABLE IN YOUR LOCAL AREA AND AMICHI, ITS AFFILIATES
AND RELATED COMPANIES MAKES NO REPRESENTATIONS OR WARRANTIES AS
TO THE AVAILABILITY OF SUCH PRODUCTS AND SERVICES IN YOUR LOCAL
AREA AND SUCH REFERENCES DO NOT IMPLY THAT AMICHI, ITS AFFILIATES
AND RELATED COMPANIES INTEND TO PROVIDE SUCH PRODUCTS OR
SERVICES IN YOUR LOCAL AREA. AMICHI RECOMMENDS THAT YOU CONSULT
WITH YOUR NEAREST AMICHI BUSINESS OFFICE FOR INFORMATION
REGARDING THE PRODUCTS AND SERVICES WHICH MAY BE AVAILABLE TO
YOU IN YOUR LOCAL AREA. WEB SITES ACCESSED VIA LINKS OR OTHER
MEANS FROM THE AMICHI Site HAVE, UNLESS OTHERWISE INDICATED, BEEN
INDEPENDENTLY DEVELOPED BY THIRD PARTIES. THE INCLUSION OF ANY
INFORMATION, MATERIAL, CONTENT OR LINKS ON THE AMICHI Site SHOULD
NOT BE CONSTRUED AS AN EXPRESS NOR AN IMPLIED ENDORSEMENT OF ANY
THIRD PARTY PRODUCTS OR SERVICES. |
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3.3 Under no circumstances,
including, but not limited to, negligence, GROSS NEGLIGENCE,
NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH shall AMICHI
or ITS affiliates AND RELATED COMPANIES, AND EACH OF THEIR
RESPECTIVE DIRECTORS, OFFICERS, employees, CONSULTANTS AND
AGENTS be liable for any DIRECT, indirect, incidental, special
or consequential damages OR ANY LOSS that result from the use
of, or the inability to use, any content, information, material,
OR postings on the AMICHI Site, DIRECTLY OR INDIRECTLY, OR THE
TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE
INTERNET. These limitations apply regardless of whether the
party liable or allegedly liable was advised, had other reason
to know, or in fact knew of the possibility of such damages. You
specifically acknowledge and agree that neither AMICHI nor ITS
affiliates AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE
DIRECTORS, OFFICERS, employees, CONSULTANTS AND AGENTS shall be
liable for any defamatory, offensive or illegal conduct of any
user, including you. |
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4. Indemnification |
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| To the maximum
extent permitted by applicable law, you will defend, indemnify
and hold harmless AMICHI, its affiliates and related companies,
and each of their respective directors, officers, employees,
consultants and agents from and against all claims, liability,
and expenses, including all legal fees and costs, arising out
of: (i) your breach of any provision of the Terms and
Conditions; or (ii) your use of the AMICHI Site, the content
contained in the AMICHI Site and the placement or transmission of
any information or other materials on the AMICHI Site made by you
or others using your account. You agree to promptly notify
AMICHI
immediately after you become aware of any unauthorized use of
your account and to take such reasonable steps as are necessary
to prevent any reoccurrence of such event. AMICHI reserves the
right, in its sole discretion and at its own expense, to assume
the exclusive defense and control of any matter otherwise
subject to indemnification by you. You will co-operate as fully
as reasonably required in the defense of any claim. |
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5. Recourse |
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| If you are
dissatisfied with the AMICHI Site or with the Terms and
Conditions, your sole and exclusive remedy is to discontinue
using the AMICHI Site. In such an event, you agree to destroy all
materials obtained by you on the AMICHI Site and any and all
other AMICHI Site(s) and all copies thereof. The Terms and
Conditions shall survive any such termination. |
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6. Miscellaneous Terms
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| Any disputes
arising hereunder shall be governed exclusively by the laws of
the province of British Columbia and the laws of Canada
applicable therein, without giving effect to their conflict of
laws principles. You expressly consent to the exclusive forum,
jurisdiction, and venue of the courts of British Columbia and/or
the Federal Court of Canada in British Columbia, or any other
judicial district or jurisdiction as AMICHI may determine in any
and all actions, disputes, or controversies relating hereto. The
Terms and Conditions and any rules, policies, guidelines or
other agreements posted on the AMICHI Site by AMICHI constitute
the entire agreement between AMICHI and you with respect to your
use of the AMICHI Site. Notwithstanding the foregoing, any
products or services which you purchase through the AMICHI Site
shall be subject to all terms and conditions relating to such
purchase provided to you from time to time including, without
limitation, all terms and conditions posted on the AMICHI Site
and all terms and conditions delivered to you (in any manner or
form) in connection with any products or services purchased. No
waiver by either AMICHI or you of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent
breach or default. If any provisions contained herein shall be
determined to be void, invalid, or otherwise enforceable by a
court of competent jurisdiction, such termination shall not
affect the remaining provisions contained herein. |
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| The parties have
required that the Terms and Conditions and all documents
relating thereto be drawn up in English. |
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