AssociCom

TERMS OF USE

These Terms of Use outline your obligations when using AssociCom’s website, as well as AssociCom’s browser plug-in and AssociCom’s link which can be placed on your external content pages (collectively, the website, the plug-in and the link are the “Site”). You can and should also review: (a) AssociCom’s Privacy Policy, which outlines AssociCom’s obligations and practices towards handling any personal information that you may provide to AssociCom; and (b) AssociCom’s Content Disclaimer, which describes the terms and conditions respecting Content (defined below) made available on or through the Site.

  1. ACCEPTANCE OF TERMS

The Site is owned and operated by AssociCom Networking Technologies Corp. ("AssociCom"), a Canadian federal corporation, and is accessed by you under these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON OR THROUGH THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES ON OR THROUGH THE SITE. ASSOCICOM'S ACCEPTANCE OF YOUR USE OF THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY ASSOCICOM, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

  1. MODIFICATIONS OF TERMS OF USE

AssociCom reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, AssociCom will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined in AssociCom's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Site and the Services following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

  1. DESCRIPTION OF SERVICES

Subject to full compliance with the Terms of Use, AssociCom may offer to provide certain services and content, as described more fully on the Site ("Services"). Services shall include, but not be limited to, any service and content AssociCom performs for you, as well as the offering, either directly or through links, of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, comments, categorizations, taggings, rankings, messages, information, data, graphics, news or articles, papers, theses or other works, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). AssociCom may change, suspend or discontinue the Services including any Content at any time and for any reason. AssociCom may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability.

  1. USERS AND MEMBERS

In creating an Account you shall provide AssociCom with accurate, complete and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your usage. You may not select or use as a Member Name (a) a name of another person with the intent to impersonate that person; (b) a name subject to any rights of a person other than you without appropriate authorization; or (c) a name that is otherwise offensive, vulgar or obscene. AssociCom reserves the right to refuse registration with AssociCom and the creation of an Account or to cancel an Account in its sole discretion. You shall be responsible for maintaining the confidentiality of your AssociCom password.

Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Site and the Services.

  1. USER CONDUCT

As a condition of use of the Site and the Services, you promise not to use the Site or the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by AssociCom.

By way of example, and not as a limitation of the generality of the above paragraph, you agree not to use the Services:

AssociCom may in its sole discretion remove any Content or Account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content). To report Terms of Use abuse, please email: [info@AssociCom.com]

You are solely responsible for your interactions with other Users of the Site. AssociCom reserves the right, but has no obligation, to monitor disputes between you and other Users.

  1. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SITE

By uploading, submitting or otherwise disclosing or distributing Content for display or inclusion on the Site, you represent and warrant that you own all rights in the Content and you agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/licenses/publicdomain/. For clarity, the foregoing does not apply to the Content on any external sites to which the Site or the Services link.

  1. CONTENT PRIVACY and CONTENT MARKED as PRIVATE

By linking to, uploading, or entering content into the Site (including, but not limited to text, comments, categorizations, taggings, rankings, messages, information, data, graphics, news or articles, papers, theses or other works, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"), you agree that this Content may be accessible to others including, but not limited to other Members, site administrators, or the general public. This is true even for Content that is marked as “Private”. Designating any kind of Content as Private may prevent its disclosure under certain circumstances, but in no way guarantees that it will not be accessible and available to other people, including people you may not wish to have access to that content. By using this site you explicitly allow any Content that you place on the site to be accessible to other people regardless of whether it is marked as Private or public, and you agree that by adding such Content you are explicitly allowing it to be viewed by other people without limitation.

  1. COPYRIGHT COMPLAINTS

AssociCom respects the intellectual property of others. It is AssociCom's policy to respond expeditiously to claims of copyright and other intellectual property infringement. AssociCom will promptly process and investigate notices of alleged infringement using its sole and reasonable discretion. Upon receipt of notices complying or substantially complying with applicable laws and regulations, AssociCom in its sole discretion may act expeditiously to (a) remove or disable access to any Content claimed to be infringing or claimed to be the subject of infringing activity; and/or (b) remove or disable access to any reference or link to Content or activity that is claimed to be infringing. AssociCom reserves the right in its sole discretion to terminate access for Users who are willful and/or repeat infringers.

To provide AssociCom notice of an infringement, you must provide a written communication to the attention of ["Intellectual Property Infringement Notification Dept."] care of [info@AssociCom.com] that sets forth all relevant information regarding the alleged infringement. Please note that AssociCom may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your or another person’s copyright.

If AssociCom removes or disables access to Content in response to an infringement notice, AssociCom will make reasonable attempts to contact the owner or administrator of the affected website or Content. If you feel that your Content does not constitute infringement, you may provide AssociCom with a counter notification by written communication to the attention of ["Intellectual Property Counter Notification Dept." at info@AssociCom.com] that sets forth all relevant information regarding your position. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity or Content is not infringing the copyrights of others. If you are uncertain whether an activity or Content constitutes infringement, AssociCom recommends seeking advice of an attorney.

  1. ASSOCICOM PRIVACY POLICY

AssociCom's current Privacy Policy is available at the AssociCom website, and is incorporated into these Terms of Use by this reference.

  1. ASSOCICOM CONTENT DISCLAIMER

AssociCom's current Content Disclaimer is available at the AssociCom website, and is incorporated into these Terms of Use by this reference.

  1. INDEMNITY

You indemnify and hold harmless AssociCom, its parents, subsidiaries, affiliates, customers, vendors, officers, directors, employees and consultants from any liability, damage or cost (including reasonable attorneys fees and costs) from any claim or demand made by any third party due to or arising out of your access to the Site, your use of the Services, your violation of the Terms of Use or the infringement by you or any third party using your Member Account or Member Name of any intellectual property or other right of any person or entity.

  1. WARRANTY DISCLAIMERS

You acknowledge that AssociCom has no control over, and no duty to take any action regarding: which Users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release AssociCom from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. AssociCom makes no representations concerning any Content contained in or accessed through the Site or the Services, and AssociCom will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material or Content contained in or accessed through the Site or the Services. THE SERVICES, THE CONTENT AND THE SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. LINKS

The Services may provide, or third parties may provide, links to Content found on other websites or resources. Because AssociCom has no control over such sites, resources and Content, you acknowledge and agree that AssociCom is not responsible for the availability of such external sites, resources or Content 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 AssociCom 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.

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL ASSOCICOM OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (A) WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (B) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

  1. TERMINATION

AssociCom may terminate or suspend any and all Services, your Member Account and your Member Name immediately, without prior notice or liability, for any reason, including if you breach or are suspected of breaching any of the terms or conditions of the Terms of Use. Upon termination of your Account and Member Name your right to use the Services will immediately cease. You may request termination of your AssociCom account by e-mailing AssociCom at info@AssociCom.com. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind AssociCom in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. AssociCom shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond AssociCom's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use are not assignable, transferable or sublicensable by you except with AssociCom's prior written consent. AssociCom may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, as if made within British Columbia between two residents thereof, and the parties submit to the exclusive jurisdiction of the Courts of the Province of British Columbia. Both parties agree that the Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

  1. TRADEMARKS

“AssociCom” and other AssociCom graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of AssociCom in Canada, the United States and/or other countries. AssociCom's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the AssociCom icon pack for the express purpose of adding a “Submit to AssociCom” link may be used on partner and third party sites in connection with such express purpose.

  1. EFFECTIVE DATE

These Terms of Use are effective as of January 1, 2010.