Legal Information - Terms of Service

Below is the Terms of Service agreement for using SDG Online. By signing up for a listing or using the site, you acknowledge that you have read and agree to these terms.

1. General

This document details SDG Online (the "Service") Terms of Service (the "TOS"). Sci-Tech Consulting provides the Service to you subject to the following TOS, superceding any prior agreements between you and Sci-Tech Consulting.

The TOS and the relationship between you and Sci-Tech Consulting shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and Sci-Tech Consulting agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Stormont, Province of Ontario. The failure of Sci-Tech Consulting to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

1.1 Section Titles

The section titles in the TOS are for convenience only and have no legal or contractual effect.

1.2 Updates to the TOS

Sci-Tech Consulting reserves the right to modify the TOS from time to time without notification. The latest copy of the TOS can be found at http://www.sdgonline.ca/legal.php.

2. The Service

Sci-Tech Consulting currently provides users with access to a searchable online database of businesses and organizations within Cornwall and the surrounding area (the Service). You understand and agree that the Service is provided "as is" and that Sci-Tech Consulting assumes no responsibility for the timeliness, deleting, mis-delivery or failure to store any user communications or personalized settings.

2.1 Accessing the Service

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

2.2 New Features

Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS.

2.3 Reuse / Resale of the Service

You agree not to reproduce, duplicate, copy, sell, re-sell or exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service. Use of the Service is limited to your personal use. It is strictly prohibited for you to use the Service to establish independent directories, data files and/or compendiums without the express written consent of Sci-Tech Consulting. None of the content in the Service may be republished or resold by you, in whole or in part.

Sci-Tech Consulting reserves the right to reuse the content provided for the Service in other forms, including but not limited to producing fax and online directories to be distributed through other media formats, and to export data from the Service to possible third parties.

2.4 Modifications to the Service

Sci-Tech Consulting reserves the right to, at any time, modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sci-Tech Consulting shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

2.5 Proprietary Rights

All software, images, and related code (the Content) used for the Service are copyrighted by Sci-Tech Consulting (unless otherwise stated). You may not re-use, copy, de-compile, reverse engineer, or otherwise reduce the Content. You may not modify, distribute, or create derivative works based upon the Content, in whole or in part.

You acknowledge and agree that the Service contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements, or information presented to you through the Service or advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Sci-Tech Consulting or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by Sci-Tech Consulting for use in accessing the Service.

3. Termination

You agree that Sci-Tech Consulting may terminate your use of the Service, and remove and discard any content within the Service, for any reason, including, but without limitation to, if Sci-Tech Consulting believes that you have violated the TOS. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and that Sci-Tech Consulting shall not be liable to you or any third-party for any termination of your access to the Service.

4. External Contact via the Service

4.1 Advertising on the Service

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Sci-Tech Consulting shall not be responsible or liable for any loss or damage of any sort incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.

4.2 Links

The Service may provide links to other World Wide Web sites or resources. Because Sci-Tech Consulting has no control over such sites and resources, you acknowledge and agree that Sci-Tech Consulting is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Sci-Tech Consulting shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

5. Disclaimer of Warranties

You expressly understand and agree that:

a) Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sci-Tech Consulting expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

b) Sci-Tech Consulting makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable.

c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or any loss of data that may result from the download of any such material.

d) No advice or information, whether oral or written, obtained by you from Sci-Tech Consulting or through or from the service shall create any warranty not expressly stated in the TOS.

e) Sci-Tech Consulting is not responsible for incorrect or inaccurate entry of information, human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, failures of any telephone network, computer equipment, software or any combination thereof, or inability to access the SDG Online web site.

6. Indemnity & Limitation of Liability

You agree to indemnify and hold Sci-Tech Consulting, and its partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the information provided by or content contained in SDG Online, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

You expressly understand and agree that Sci-Tech Consulting shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sci-Tech Consulting has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.