Legal
NoticeBURNELL &
ASSOCIATES INC. (B&A) maintains
this site ("the Site") for your personal
information, education and
communication. Feel free to browse the
Site, but please read these Terms and
Conditions and our Privacy Policy before
doing so. Each time you use the Site you
expressly intimate to B&A your
acceptance and agreement, and the
acceptance and agreement of any legal
person you purport to represent, without
limitation or qualification, to abide by
and to be bound by this Agreement, and
you represent and warrant that you have
the legal authority to agree to and
accept this Agreement on behalf of
yourself, any legal person or
organization you purport to represent.
You acknowledge and agree that this
Agreement is subject to change without
advance notice. However, the latest
Agreement will be posted on the Site and
you should review the Agreement prior to
each use of the Site. If you do not
agree and accept, without limitation or
qualification, these Terms of Use,
please exit the Site.
Ownership - Copyrights - Trademarks
The Site and all of its contents
including, but not limited to, all text
and images ("Content") are owned and
copyrighted by B&A or third parties with
all rights reserved unless otherwise
noted. The Site contains Content that
has copyright, trademark, name, trade
name, statement, title, image, design,
logo or service mark (Valuable Marks)
protection and All Rights Reserved. Any
Valuable Mark is either unregistered,
pending registered or registered with
All Rights Reserved to B&A or third
parties. B&A neither warrants nor
represents that your use of Content and
Valuable Marks displayed on the Site
will not infringe on the rights of third
parties. Your use of any Content and
Valuable Mark, except as provided in
these Terms of Use, without the written
permission of the Content owner is
strictly prohibited. B&A will
aggressively enforce its Valuable Marks
and intellectual property rights to the
fullest extent of the law, including the
seeking of criminal prosecution.
Terms and Conditions
- These Terms and Conditions set
forth form the entire understanding
and agreement between you and B&A
with respect to the Site. You
acknowledge that any other
agreements between you and B&A
without written permission of the
Content owner with respect to the
Site are superseded and of no force
or effect.
- Unauthorized use of the Content
is strictly prohibited and is a
violation of the Rights Of B&A and
or third parties, including, without
limitation, copyright laws,
trademark laws, the laws of privacy
and publicity.
- With the exception of images of
people or places you may download
one single hard copy of the Content
displayed on the Site for
non-commercial, personal use only,
provided however, you do not delete
or change the Valuable Marks or
other proprietary notices contained
in the Content. You may not modify,
alter or change any Content or
Valuable Mark, or distribute,
publish, transmit, reuse, re-post or
use the Content of the Site for
public or commercial purposes.
- While B&A uses reasonable
efforts to include accurate and up
to date information in the Site, B&A
makes no warranties or
representations as to the accuracy,
correctness, reliability or
otherwise with respect to such
information, and assumes no
liability or responsibility for any
omissions or errors (including,
without limitation, typographical
errors and technical errors) in the
content of the Site. Furthermore, it
is your responsibility to ensure the
Content you are using is current and
from the Site on the date of use and
is not cached or a copied page from
your ISPs server, your own
computer, or any other third party
site.
- Information in the Site is
subject to change without notice.
Information regarding the products
and services distributed by B&A is
applicable only in Canada and the
United States unless otherwise
noted. Some products and services
may not be available or applicable
in certain areas. B&A makes no
representations that the Content in
this Site is appropriate or
available for use in other countries
and or in certain areas of Canada
and the United States. Those who do
access this Site from other
countries are solely responsible for
compliance with local laws of that
country.
- Any personal data (such as name,
position/title, organization,
address, telephone number, fax
number, email address) you transmit
to the site electronically or
otherwise will be used by B&A in
accordance with the Sites
Privacy
Policy.
- From time to time, B&A may ask
that you transmit by electronic mail
or otherwise your questions,
comments or feedback on the products
and/or services distributed by B&A.
Any communication or material you
transmit or post will be (a) treated
as non-confidential and
non-proprietary by B&A, (b) become
the property of B&A and B&A shall
exclusively now and hereinafter own
all rights, title and interest
therein, and (c) be used without
restriction by B&A or its
Distributors, Suppliers and
affiliates at its sole discretion
without any obligation, compensation
or other liability to you. Such use
may be for any purpose whatsoever,
including, but not limited to,
reproduction, disclosure,
transmission, publication, broadcast
and posting whole or in part, in any
medium and in any manner on this
Site or otherwise. However, B&A
shall be under no obligation to
respond to any such communication.
- This Site may link to other
sites which may or may not be
maintained by or related to B&A.
Some of these hyperlinks are
provided as a service to users and
are not necessarily sponsored by,
endorsed or otherwise affiliated
with this Site or with the products
and services distributed by B&A. B&A
has not nor does it intend to review
the sites linked to the Site
regardless whether they are or are
not sponsored by, endorsed or
otherwise affiliated with this Site
and is not responsible for the
content of any off-site pages or
links to any other sites. Viewing
all other sites is at solely at your
own risk.
- Software distributed from this
Site may be subject to Canadian
Export Controls. No software from
this Site may be downloaded or
exported into (or to a national or
resident of) any other country to
which Canada has embargoed goods. By
downloading or using the software,
you represent and warrant that you
are not located in, under the
control of, or a national or
resident of any such country or on
any such list.
- You are prohibited from using
the Site to post or transmit any
infringing, threatening, false,
misleading, abusive, harassing,
libelous, defamatory, vulgar,
obscene, scandalous, inflammatory,
pornographic, or profane material or
any material that could constitute
or otherwise violate any federal,
provincial, territorial, municipal
or national law. B&A will fully
cooperate with any law enforcement
agency to disclose the identity of
anyone posting or transmitting any
such information or materials; and
you are prohibited from using the
Site to advertise or perform any
commercial solicitation.
- The Site may contain statements,
estimates or projections that
constitute forward-looking
statements. Generally, the words
(such as will, project, intend,
expect, believe, estimate,
anticipate and similar expressions)
identify forward-looking statements,
which are not necessarily historical
in nature. Such forward-looking
statements are subject to certain
risks and uncertainties that could
result or cause actual results to
differ materially from B&A
historical experience and our
present expectations or projections.
These risks include, but are not
limited to, our ability to finance
expansion plans, general operating
activities, changes in business
environment, including actions of
competitors, changes in consumer
preferences, changes in economic and
political conditions, our ability to
penetrate developing and emerging
markets, the effectiveness of our
advertising or marketing programs,
regulatory or legal changes and
other unidentified risks. You should
not place undue reliance on
forward-looking statements and B&A
undertakes no obligation to publicly
update or revise any forward-looking
statement.
- Your use of and browsing in the
Site is done at the user's own risk.
Neither B&A, its Officers or
Directors nor any other party
involved in creating, producing or
delivering the Site shall be liable
for any direct, special, incidental,
consequential, indirect or punitive
damages arising out of your access
to, or use of, or browsing the Site,
or downloading of any products,
software, applications, materials,
data, text, images, video or audio
from the Site, whether based on
contract, tort, strict liability or
otherwise, even if advised of the
possibility of and such damages,
including, without limitation,
damage to, or viruses that may
infect, your computer equipment or
other property as a result thereof.
Without limiting the foregoing,
everything on the Site is provided
to you "As Is" without warranty of
any kind, either expressed or
implied, including, but not limited
to, the implied warranties of
merchantability, fitness for a
particular purpose or
non-infringement. Please note that
some jurisdictions may not allow the
exclusion of implied warranties, so
some of the above exclusions may not
apply to you. Check your local laws
for any restrictions or limitations
regarding the exclusion of implied
warranties.
- B&A is a corporation under the
laws of the Province of Alberta,
Canada. The Site is physically
maintained and operated by B&A
within the Province of Alberta. This
Agreement is governed by the laws of
the Province of Alberta and the
federal laws of Canada as applicable
therein and should be treated as an
Alberta contract without reference
to the principals of the conflict of
law. All disputes arising from or in
connection with the Site shall be
subject to the jurisdiction of the
Courts of the Province of Alberta.
You agree to the exclusive
jurisdiction of the Courts of the
Province of Alberta to finally
adjudicate and legal proceeding
arising out of or in connection with
the Site. Any disputes shall be
submitted to the non-exclusive
jurisdiction of the Courts of
Alberta.
- You agree to indemnify, defend
and hold B&A, its Officers,
Directors, Employees, Distributors
and Others associated with the
creation of, maintenance of and or
delivery of, harmless from any
liability, loss, claim, demand, and
expense, including reasonable
lawyers fees, related to your use of
the Site.
- In the event that any part of a
provision of the Terms Of Use set
out are held to be invalid,
unenforceable, or void, such
provision shall, by the adjudicating
body, be applied to fullest extent
possible and only to the extent
absolutely necessary to comply with
applicable law. If any provision is
held to be invalid, unenforceable,
or void, such provision shall be
severed from the Terms of Use,
however such determination shall not
affect the validity and
enforceability of any other
remaining provisions.
Consent To This Agreement
By using the Site, you consent to
the Terms and Conditions as specified
above. If we decide to change the Terms
of Use, those changes will be posted on
this page. |