PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY WEBSITE SERVICES
PROVIDED TO YOU BY FARNET INC. (www.firstaidregistry.net)
AS THEY CONTAIN BINDING LEGAL TERMS AND OBLIGATIONS INCLUDING LIMITATIONS OF FARNET
INC.'S LIABILITY AND DISCLAIMERS.
1. ACCEPTANCE OF TERMS
2. YOUR REGISTRATION OBLIGATIONS
3. FarNet Inc. PRIVACY STATEMENT
4. USER CONDUCT
5.SUBMITTED/UPLOADED CONTENT
6.FORUMS AND CHAT ROOMS
7.RESPONSIBILITY FOR MINORS
8.RESTRICTIONS ON RE-USE, RE-SALE OF SERVICES
9.COMMERCIAL USE
10.ACCESS AND INTERFERENCE
11.DOWNLOADS
12.INDEMNITY
13. GENERAL PRACTICES REGARDING USE AND STORAGE
14. MODIFICATIONS TO SERVICE (OTHER THAN PAID SERVICES
15. TERMINATION
16. CONTENT LINKED TO A FARNET INC. SITE
17. DISCLAIMER OF WARRANTIES
18.LIMITATION OF LIABILITY
19.EXCLUSIONS AND LIMITATIONS
20.PROFESSIONAL INFORMATION DISCLAIMER
21.MEDICAL/HEALTH INFORMATION DISCLAIMER
22.FINANCIAL INFORMATION DISCLAIMER
23. SEARCH CONTENT DISCLAIMER
24. THIRD PARTY DEALINGS & ONLINE SALES DISCLAIMER
25.TRADEMARKS
26.GOVERNING LAW/JURISDICTIONAL ISSUES
27.ARBITRATION AND ACTIONS
28. MISCELLANEOUS
Schedule "B" PHOTO SUBMISSION LICENCE, RELEASE & WAIVER
Schedule "C" SUBMITTER CONTENT LICENCE, RELEASE & WAIVER
1. All website services provided to you by FarNet Inc.,
and any of its respective affiliates, related companies, unaffiliated partners and/or
licensors (together herein referred to as "FarNet Inc." or "we")
are provided to you subject to the following terms and conditions of service. By
using any FarNet Inc. website (each a "FarNet Inc. Site" and collectively,
the "FarNet Inc. Sites") or any products, content or other services available
on a FarNet Inc. Site (each a "Service" and collectively, the "Services"),
including Services offered on a payment basis (each a "Paid Service" and
collectively, "Paid Services"), you agree, without limitation or qualification,
to be bound by these terms and conditions and such other additional or alternative
terms, conditions, rules and policies which are displayed or to which you may be
directed in connection with any particular FarNet Inc. Site or Service (collectively
the "Terms and Conditions"), all as may be modified by FarNet Inc. in
accordance with these Terms and Conditions. These Terms and Conditions, along with
any modifications or additional or alternate terms or conditions referred to, including
those related to your agreement to use a Paid Service (a "Paid Services Agreement"),
shall be the entire agreement between you and FarNet Inc. and any prior communications
between you and FarNet Inc. (including, for example, e-mails) do not form part of
these Terms and Conditions. If you do not agree with these Terms and Conditions,
you may not use a FarNet Inc. Site or any of the Services.
2. In consideration of your use of the Services, you agree
to: (a) provide true, accurate, current and complete information about yourself
as prompted by the Services' registration form (such information being the "Registration
Data"); (b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete; and (c) agree to pay all fees, including applicable
taxes, incurred in connection with your use of any Paid Service. If you provide
any information that is untrue, inaccurate, not current or incomplete, or we have
reasonable grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion thereof). During
registration, you will be asked to provide an e-mail address and to create your
own password. You are responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that occur under your
password or account. You agree to: (a) immediately notify FarNet Inc. of any unauthorized
use of your password or account or any other breach of security; and (b) ensure
that you exit from your account at the end of each session. FarNet Inc. cannot and
will not be liable for any loss or damage arising from your failure to comply with
this Section 2.
3. FarNet Inc. Privacy Statement
Registration Data and certain other personal information about you is
subject to our Privacy Statement. For more information, please see our Privacy
Statement . You agree that FarNet Inc. has the right, but not the obligation,
to monitor the FarNet Inc. Sites and the Services electronically from time to time
and to disclose any information as necessary to satisfy any law, regulation or other
governmental request, to operate a FarNet Inc. Site or any of the Services properly,
or to protect itself or its users in accordance with the Privacy Statement and applicable
privacy legislation.
You acknowledge that in the event that a third party service provider is located
in the United States or another foreign country, your personal information may be
processed and stored in the United States or such other foreign country, and the
governments, courts or law enforcement or regulatory agencies of that country may
be able to obtain disclosure of your personal information through the laws of the
foreign country. Whenever we engage a third party service provider to do work for
us, we confirm that its privacy and security standards meet our requirements. You
acknowledge and agree that this paragraph constitutes prior written notice to you
of, and your consent to the collection, use and disclosure of your personal information
as described above.
In addition to the ways in which personal information is collected, used and
disclosed as described in the Privacy Statement, FarNet Inc., including without
limitation, FarNet Inc., collects, uses and discloses personal information specifically
in connection with the FirstAid Registry site.
4. User Conduct
All information, data, text, photographs, graphics, images, avatars, messages,
ideas, reviews, opinions, suggestions or other materials on a FarNet Inc. Site ("Content"),
submitted by a user, whether publicly or privately posted, e-mailed, transmitted,
uploaded or otherwise submitted to FarNet Inc., a FarNet Inc. Site or the Services
("Submitter Content") is the sole responsibility of the person from which
such Submitter Content originated and any such post, e-mail, transmission, uploading
or other submission of such Submitter Content is subject to the Submission Release
Terms and Conditions referred to in Section 5 below. In addition to the License,
Release and Waiver terms for, Photos Content and Submitter Content (as defined in
Section 5 below), you also acknowledge and agree that you, and not FarNet Inc.,
are entirely responsible for all Submitter Content that you post, e-mail, transmit,
upload or otherwise submit via FarNet Inc. Sites and/or pursuant to the Services.
FarNet Inc. does not control the Submitter Content posted via the FarNet Inc. Site
and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using a FarNet Inc. Site or Service, you may be exposed to
Content that is offensive, indecent or objectionable. Under no circumstances will
FarNet Inc. be liable in any way for any loss, damage or injury related to, or arising
as a result of, any Content (including Submitter Content), including, but not limited
to, any errors or omissions in any Content, or any loss or damage of any kind incurred
as a result of the use of any Submitter Content posted, e-mailed, transmitted, uploaded
or otherwise submitted via a Service.
You agree to not use any Service to post, e-mail, transmit, upload or otherwise
submit any Submitter Content that:
(a) is offensive to the online community, such as Content that promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual;
(b) could be harmful to minors;
(c) harasses or advocates harassment of another person;
(d) involves the transmission of "junk mail", "chain letters",
or "spamming";
(e) promotes information that is false, misleading, illegal or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(f) infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party including, without limitation, promoting an illegal or unauthorized
copy of another person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated music files;
(g) contains restricted or password only access pages, or hidden pages or images
(those not linked to or from another accessible page);
(h) displays pornographic or sexually explicit material of any kind;
(i) provides material that exploits people under the age of 18
in a sexual or violent manner, or solicits personal information from anyone under
the age of 18;
(j) provides instructional information about illegal activities such as making
or buying illegal weapons, violating someone's privacy, or providing or creating
computer viruses;
(k) solicits passwords or personal identifying information for commercial or
unlawful purposes from other users;
(l) you do not have a right to transmit under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and confidential
information );
(m) engages in commercial activities and/or sales, such as contests, sweepstakes,
barter, advertising, and pyramid schemes, without our prior written consent; and
(n) contains or will contain any disabling mechanism or protection feature designed
to prevent its use, including any clock, timer, counter, computer virus, worm, software
lock, drop dead device, Trojan horse routine, trap door, time bomb or any other
codes, designs, routines or instructions that may be used to access, modify, replicate,
distort, delete damage or disable the Content, any Services or any FarNet Inc. Site
and any world wide web pages or any operating system software or hardware on which
such Content, Service or FarNet Inc. Site is operated or displayed except as specifically
designed into the Content.
FarNet Inc. and its designees shall have the right to remove any Submitter Content
that violates these Terms and Conditions, or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that FarNet Inc. may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce
these Terms and Conditions; (c) respond to claims that any Content violates the
rights of third-parties; or (d) protect the rights, property, or personal safety
of FarNet Inc., its users and/or the public.
5. Submitted/Uploaded Content
You agree that by posting, e-mailing, transmitting, uploading or otherwise submitting
any Submitter Content materials to any content generating or submitting Service
on a FarNet Inc. Site including, without limitation, to any chat-room, forum, literary
and/or dramatic content upload Service, , reporting/blogging Service,
criticism, review or opinion upload Service, or any image, photograph or other visual
art-form upload Service, you are agreeing to the applicable Submission Release Terms
and Conditions linked here for your reference. For any photo that may be uploaded,
please refer to the following Photo Submission License, Release and Waiver (Schedule
"B" below). For all other Submitter Content please refer to the following
Submission License, Release and Waiver (Schedule "C" below). Each of the
Release and Waiver, the Photo Submission License, Release and Waiver and the Submitter
Content License, Release and Waiver are hereby incorporated by reference into these
Terms and Conditions. PLEASE READ THE APPLICABLE SUBMISSION RELEASE TERMS AND CONDITIONS
BEFORE POSTING, E-MAILING, TRANSMITTING, UPLOADING OR OTHERWISE SUBMITTING ANY CONTENT
WHATSOEVER TO ANY FARNET INC. SITE OR SERVICE. ANY SUCH POSTING, E-MAILING, TRANSMITTING,
UPLOADING OR OTHER SUBMISSION OF CONTENT TO A FARNET INC. SITE OR SERVICE WILL INDICATE
THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE APPLICABLE SUBMISSION RELEASE TERMS
AND CONDITIONS. WITHOUT LIMITING THE GENERALITY OF THE SUBMISSION RELEASE TERMS
AND CONDITIONS, UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY SUBMITTER CONTENT
OR RELATED MATERIAL TO FARNET INC. BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY
OR EXPECTATION OF COMPENSATION. EXCEPT IN RESPECT OF MUSIC (WHICH USE SHALL BE GOVERNED
BY THE MUSIC SUBMISSION LICENSE, RELEASE AND WAIVER) BY SUBMITTING SUBMITTER CONTENT
OR ANY RELATED MATERIAL TO FARNET INC., YOU ARE WAIVING ANY AND ALL RIGHTS THAT
YOU MAY HAVE IN THE SUBMITTER CONTENT OR ANY RELATED MATERIAL AND ARE REPRESENTING
AND WARRANTING TO FARNET INC. THAT THE SUBMITTER CONTENT (AND ALL PARTS OF IT) OR
ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS
IN THE SUBMITTER CONTENT OR ANY RELATED MATERIAL AND THAT FARNET INC. IS FREE TO
IMPLEMENT, PUBLISH, DISTRIBUTE, REPRODUCE, COMMUNICATE (AND AUTHORIZE THE COMMUNICATION
OF), TRANSMIT, MODIFY AND OTHERWISE EXPLOIT THE SUBMITTER CONTENT (INCLUDING ANY
IDEA AND/OR SUGGESTION) AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED
OR AS MODIFIED BY FARNET INC., WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY
THIRD PARTY.
6. Forums and Chat Rooms
When participating in a forum or chat room, never assume that people are who
they say they are, know what they say they know, or are affiliated with whom they
say they are affiliated. FarNet Inc. cannot be responsible for the content or accuracy
of any information, and will not be responsible for any reliance or decisions made
based on such information. When using a forum or chat room, you may not post, transmit,
link to, or otherwise distribute any information, materials or content that does
not generally pertain to the designated topic or theme of the particular forum or
chat room. Use of a forum or chat room for commercial purposes of any kind is strictly
prohibited. Please note that FarNet Inc. reserves the right to refuse to post or
to remove any information or materials, in whole or in part, that, in its sole discretion,
are unacceptable, undesirable, or in violation of these Terms and Conditions. Use
of and/or participation in connection with any forum, chat room or message board
shall indicate your acceptance of the Terms and Conditions.
7. Responsibility for Minors
In cases where you have authorized a minor to use a FarNet Inc. Site or any
of the Services, you recognize that you are fully responsible for: (i)
the online conduct of such minor; (ii) controlling the minor's access to and
use of a FarNet Inc. Site or any of the Services; and (iii) the consequences of
any misuse by the minor. You acknowledge that some of the areas of a FarNet Inc.
Site may contain Content that is inappropriate for minors. You acknowledge that
FarNet Inc. has no obligation to monitor the Services or any Content accessible
through the FarNet Inc. Sites.
8. Restrictions on Re-use, Re-sale of Services
All Content available on a FarNet Inc. Site, including the manner in which such
Content is presented, and the Services are: Copyright FarNet Inc., its affiliates,
related companies, unaffiliated partners and/or licensors. All rights reserved.
Such Content is protected by Canadian and worldwide copyright laws and treaty provisions.
FarNet Inc. grants you a limited non-exclusive, non-transferable license to use
and display on your computer or other electronic access device, the Content and
Services for your own personal and non-commercial use only, provided that you do
not modify the Content and that you maintain all copyright and other proprietary
notices. Except as provided herein, you agree not to reproduce, make derivative
works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise
make available any of the Content obtained through a FarNet Inc. Site or any of
the Services, including without limitation, by caching, framing, deep-linking or
similar means, without the prior written consent of the respective copyright owner
of such Content. Your entry or participation in any contest, sweepstakes, promotion
or other similar offering on any FarNet Inc. Site (each, a "Contest")
shall also be subject to and governed by the specific rules and regulations in respect
of that Contest.
9. Commercial Use
No bulletin board, forum, chat room or other areas of the FarNet Inc. Sites
may be used by you for any commercial purposes such as to conduct sales of goods
and services of any kind. You must obtain our prior written consent to make commercial
offers of any kind, whether by advertising, solicitations, links, or any other form
of communication. Without limiting the foregoing, you may not resell or link to
other sites for any commercial purpose whatsoever. We reserve the right to investigate
and take appropriate legal action against anyone who violates this provision, including
without limitation, removing the offending communication from the FarNet Inc. Sites
and barring such violators from use of the FarNet Inc. Sites. We reserve the right
to block access to FarNet Inc. Sites by any user known or reasonably believed to
be utilizing automated means to process commercial uses (including sale of goods
and services).
10. Access and Interference
You agree that you will not use any robot, spider, other automatic device, or
manual process to monitor or copy our web pages or the Content contained thereon
or for any other unauthorized purpose without our prior express written permission.
You agree that you will not use any device, software or routine to interfere or
attempt to interfere with the proper working of the Site. You agree that you will
not take any action that imposes an unreasonable or disproportionately large load
on our infrastructure. You agree that you will not access, reload or "refresh"
pages contained on FarNet Inc. Sites, or make any other request to transactional
servers, more than once during any three second interval.
11. Downloads
Certain Services may allow you to download software applications or other forms
of Content, including files, images and/or data incorporated therein (collectively,
the "Software"). The Software is made available to you by FarNet Inc.
or third parties subject to these Terms and Conditions and the terms and conditions
made available to you during the software installation process. You agree that the
Software is licensed to you by FarNet Inc. or third parties for your personal and
non-commercial use only provided that you do not modify the Software and that you
maintain all copyright and other proprietary notices and that FarNet Inc. or the
designated third parties retain full and complete title to the Software and all
intellectual property rights therein. You may not redistribute, sell, de-compile,
reverse engineer, disassemble, or otherwise reduce the Software to a human-readable
form. You agree that it is your responsibility to review and evaluate the Software
and the related terms and conditions, and that all risk associated with the use
of, or reliance on, the Software rests with you. You further agree that FarNet Inc.,
including its suppliers, shall not be responsible or liable, directly or indirectly,
in any way for any loss or damage of any kind incurred as a result of, or in connection
with your use of, or reliance on, the Software, including the failure of the Software
to meet your needs, standards, expectations or specifications. FarNet Inc. Sites
and/or Services and software derived from FarNet Inc. Sites and/or Services may
be further subject to certain Canadian and United States
export controls. No software from any FarNet Inc. Site or Service may be downloaded
or otherwise exported or re-exported into (or to a national or resident of) any
country prohibited by such export controls or to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders. By downloading or using the FarNet Inc. Sites, Services or any software
derived there from, you acknowledge that it is your responsibility to determine
the applicability of and the compliance with, any export controls and you hereby
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 referred to above in respect
of any applicable export control.
12. Indemnity
You agree to defend, indemnify and hold harmless each of FarNet Inc., its affiliates
and licensors and each of their respective officers, directors, employees and agents,
including all third parties mentioned on a FarNet Inc. Site, from and against any
and all claims, actions or demands, including without limitation reasonable legal
and accounting fees, resulting from or related to: (a) your breach of any of these
Terms and Conditions (including any Terms and Conditions incorporated by reference)
or your Paid Services Agreement; (b) your access to or use of a FarNet Inc. Site,
Services or Content; or (c) your use or reliance on, or publication, communication
or distribution of anything on or from a FarNet Inc. Site or through any of the
Services. You shall use your best efforts to cooperate with us in the defense of
any claim. We reserve the right, at our own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you.
13. General Practices Regarding Use and Storage
You acknowledge that FarNet Inc. may establish general practices and limits
concerning use of the Services, including without limitation the maximum number
of days that Submitter Content will be retained by a FarNet Inc. Site, the maximum
disk space that will be allotted on FarNet Inc.'s servers on your behalf, and
the maximum number of times (and the maximum duration for which) you may access
the FarNet Inc. Sites or the Services in a given period of time. You agree that
FarNet Inc. has no responsibility or liability for the deletion or failure to store
any messages and other communications or other Submitter Content maintained or transmitted
on or by a FarNet Inc. Site or Service. You further acknowledge that, in relation
to free services, FarNet Inc. reserves the right to change these general practices
and limits at any time, in its sole discretion, with or without notice.
14. Modifications to Service (Other than Paid Services)
For users of the FarNet Inc. Sites and/or any Services, other than Paid Services,
FarNet Inc. reserves the right, in its sole discretion, at any time and from time
to time to modify these Terms and Conditions and discontinue, temporarily or permanently,
any FarNet Inc. Sites or Services (or any part of such FarNet Inc. Sites or Services)
with or without notice. You agree that any modification or discontinuance of any
FarNet Inc. Sites or Services may be effected without prior notice, and acknowledge
and agree that in connection with any such modification or discontinuance, FarNet
Inc. may immediately deactivate or delete your account and all related information
and files in your account (including any registration data). You further agree that
FarNet Inc. shall not be liable to you or to any other person as a result of any
such modification or discontinuance for any reason whatsoever. Your continued use
of a FarNet Inc. Site or Service will mean that you accept those changes. For users
of Paid Services, modifications of your Services and these Terms and Conditions
are governed by your Paid Services Agreement, including all relevant provisions
of these Terms and Conditions.
15.Termination
You agree that FarNet Inc., in its sole discretion, may suspend or terminate
your password, account (or any part thereof) or use of the FarNet Inc. Sites or
Services, and remove and discard any Submitter Content within the Service at its
convenience, or for any reason, including, without limitation, for lack of use or
if FarNet Inc. believes that you have violated or acted inconsistently with the
letter or spirit of the Terms and Conditions. FarNet Inc. may also in its sole discretion
and at any time discontinue providing the FarNet Inc. Sites or Services, or any
parts of the FarNet Inc. Sites or Services, including Paid Services, with or without
notice. You agree that any suspension and/or termination of your access to the FarNet
Inc. Sites or Services may be effected without prior notice, and acknowledge and
agree that FarNet Inc. may immediately deactivate or delete your account and all
related information and files in your account (including any Registration Data)
and/or bar any further access to such files or the Services. You further agree that
FarNet Inc. shall not be liable to you or to any other person as a result of any
such suspension or termination. If you are dissatisfied with a FarNet Inc. Site
or any of the Services or with any terms, conditions, rules, policies, guidelines,
or practices of FarNet Inc. in operating a FarNet Inc. Site or any of the Services,
your sole and exclusive remedy is to discontinue using the FarNet Inc. Site or Services
in question.
16. Content Linked to a FarNet Inc. Site
Please exercise discretion while browsing the
Internet. Please note that certain links on the FarNet Inc. Sites may take you to
other websites. FarNet Inc. provides these links only as a convenience and not as
an endorsement by FarNet Inc.. These linked sites are not necessarily
under the control of FarNet Inc.. If you decide to visit any linked
site, you do so at your own risk and it is your responsibility to take all protective
measures to guard against viruses and other destructive elements. Furthermore, you
acknowledge and confirm that you are responsible for viewing and abiding by the
terms of use and privacy policies posted at these third party linked sites. FarNet
Inc. is not responsible for the content of any such linked sites or any other web
page which is not part of a FarNet Inc. Site and under FarNet Inc.'s control.
Unless otherwise expressly provided, FarNet Inc. makes no representation or warranty
regarding, and does not endorse, any linked site or the information, products or
services appearing thereon. Accordingly, you agree that FarNet Inc. will not be
responsible or liable in any way for the accuracy, relevancy, copyright compliance,
legality, or decency of material contained in any site linked from a FarNet Inc.
Site or the use of any personal information that you provide to such linked site
by the operator(s) of such linked site.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF ANY FARNET INC. SITE OR SERVICE IS AT YOUR SOLE RISK. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FARNET INC. SITES OR SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FARNET INC.
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) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, FARNET INC. MAKES NO WARRANTY THAT (i) THE FARNET INC. SITES OR
SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE FARNET INC. SITES OR SERVICES WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE FARNET INC. SITES OR SERVICES WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE FARNET INC. SITES OR SERVICES WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF FARNET INC. SITES OR SERVICES IS DONE AT
YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. (d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FARNET INC., A FARNET INC. SITE OR
THROUGH OR FROM ANY SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TERMS AND CONDITIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FARNET INC. 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 FARNET INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE FARNET INC.
SITES OR SERVICES; (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 FARNET INC. SITES
OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FARNET INC. SITES OR
SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE FARNET INC. SITES OR SERVICES.
YOU EXPRESSLY ACKNOWLEDGE THAT FARNET INC. HAS ENTERED INTO THIS AGREEMENT, AND
HAS AND WILL MAKE THE FARNET INC. SITES, SERVICES AND CONTENT AVAILABLE TO YOU IN
RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET
FORTH IN THESE TERMS AND CONDITIONS, AND THAT
THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FARNET INC.. YOU
EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS
SET FORTH IN THESE TERMS AND CONDITIONS WILL SURVIVE, AND CONTINUE TO APPLY IN THE
CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT,
THE FAILURE OF ANY EXCLUSIVE REMEDY OR TERMINATION OF THIS AGREEMENT.
19. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
20. Professional Information Disclaimer
The FarNet Inc. Sites may make available certain
information provided by third parties related to various professional fields such
as, without limitation, medicine and other health and fitness related matters, law,
accounting and financial planning and investments (the "Professional Information").
The Professional Information is provided for educational and entertainment purposes
only and should not be interpreted as a recommendation for a specific treatment
plan, product or course of action. Use of a FarNet Inc. Site does not replace consultations
with a qualified medical, legal, financial or other relevant professional. In addition,
while the Professional Information is frequently updated, this information changes
rapidly and therefore, some of the Professional Information may be out of date.
You agree that all risk associated with the use of, or reliance on, any of the Professional
Information rests with you. You further agree that FarNet Inc., including its suppliers,
shall not be responsible or liable, directly or indirectly, in any way for any loss
or damage of any kind incurred as a result of, or in connection with your use of,
or reliance on, any such Professional Information.
21. Medical/Health Information Disclaimer
The Professional Information may contain health-related
and medical-related information (including any facts, views, opinions, recommendations,
descriptions of, or references to, products, services and medications). Such health-related
and medical-related information made available by FarNet Inc., through a FarNet
Inc. Site or any of the Services is: (a) for informational purposes only; (b) not
to be used or construed as a substitute for professional medical advice, diagnosis,
or treatment; (c) not intended as a recommendation or endorsement of any specific
tests, products, procedures, opinions or any other information. Reliance on any
health-related or medical-related Professional Information on, or accessible
through, the FarNet Inc. Sites or Services is solely at your own risk. ALWAYS SEEK
THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS
YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL
ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON ANY FARNET INC.
SITE.
22. Financial Information Disclaimer
The Professional Information may contain financial
information (including any facts, views, opinions, recommendations, descriptions
of, or references to, products or securities). Such financial information made available
by FarNet Inc., through a FarNet Inc. Site or any of the Services is: (a) for informational
purposes only; (b) not to be used or construed as an offer to sell, a solicitation
of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity
or security by FarNet Inc.; and (c) not necessarily reflective of the views or policy
of FarNet Inc., including the publisher, contributors and staff of, and advertisers
on, a FarNet Inc. Site. You acknowledge and agree that any request for information
by you is unsolicited and shall neither constitute nor be construed as investment
advice by FarNet Inc.. You should apply your own judgment in making
any use of any financial information, including, without limitation, the use of
any information contained therein as the basis for any conclusions. You bear responsibility
for your own investment research and decisions. PRIOR TO MAKING ANY INVESTMENT DECISION,
IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT
ADVISOR. FARNET INC. DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR
ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL
VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATION SOURCE. You acknowledge
that FarNet Inc. may invest or otherwise hold interests in entities which may be
referenced in any of the Services or Content accessible through a FarNet Inc. Site.
The views and opinions expressed on a FarNet Inc. Site are not intended to constitute
a description of securities bought, sold, or held on behalf of FarNet Inc. nor an
indication by FarNet Inc. of any intention to buy, sell, or hold any security.
23. Search Content Disclaimer
Any and all pictures, sounds, sound effects, sound recordings, graphics, search
results, listings (paid or free) and/or the arrangement thereof and any other works
(the "Multimedia Content") located through any FarNet Inc. Site's
search services are protected by copyright and/or other intellectual property laws.
FarNet Inc. does not have the right to authorize you to reproduce, distribute, publicly
display, publicly perform, communicate or create derivative works from
any files containing such Multimedia Content. Where search results link to sites
outside a FarNet Inc. Site, all of the Multimedia Content contained on such sites
is owned and served by entities other than FarNet Inc.. FarNet Inc.
provides you with the URL or address of the Multimedia Content; this information
may be used to determine the server of the Multimedia Content. If you intend to
make use of any Multimedia Content accessed through a FarNet Inc. Site's search
services for commercial or noncommercial purposes, we strongly suggest that you
contact the server and/or owner of the Multimedia Content for permission to use
such Multimedia Content.
Though FarNet Inc. strives always to publish the most accurate directory, errors
and omissions do occur. Further, please note that certain advertisers may be subject
to licensing requirements, and FarNet Inc. does not and cannot guarantee that each
advertiser has complied with those requirements. FarNet Inc., its employees, agents
and representatives are not liable for any damages relating to errors or omissions
which may occur in search results appearing, or failing to appear, in the listing
of Agencies or Instructors, or the failure of an advertiser to comply with applicable
licensing requirements. Any listing including of any product, service
or company, does not in any way imply endorsement by FarNet Inc.. Should
you wish to change the information in your listing please modify it in your profile.
24. Third Party Dealings & Online Sales Disclaimer
You acknowledge that some of the services accessible
on the FarNet Inc. Site are provided by third parties, including but not limited
to First Aid and CPR related news, surveys and e-mail. You acknowledge and agree
that FarNet Inc. e-mail services are made available by Canadian WebHosting
Services Ltd. pursuant to the terms provided when registering for FarNet Inc. e-mail
services, and your use of FarNet Inc. e-mail services is governed by their End User
Terms and Conditions. You acknowledge and agree that FarNet Inc. shall have no responsibility
for, or liability with respect to, any aspect of the FarNet Inc. e-mail service,
including but not limited to any lost or damaged data or any acts or omissions of
Canadian Webhosting. Further, you acknowledge that in dealings with
third parties, FarNet Inc. is not the seller or provider and your agreement of purchase
or for services with such third party is between you and the third party, and not
FarNet Inc.. FarNet Inc. assumes no responsibility whatsoever for any charges you
or any user of your account incurs when making purchases or other transactions in
this manner. The responsibility for ensuring compliance with all applicable laws
in connection with any such transactions shall be yours and/or the third party's
alone. You agree that FarNet Inc. shall not be responsible or liable in any way
for any loss or damage of any kind incurred as a result of, or in connection with,
any such dealings or transactions. You acknowledge and agree that your correspondence
or business dealings with any third parties, including any merchants or advertisers,
found on, or through, a FarNet Inc. Site or any of the Services, including payment
for and delivery of related goods and services, and all other terms, conditions,
representations and warranties related to such dealings, are solely as between you
and such third parties.
25. Trademarks
FARNET INC. trademarks and design marks, broadcasting service-related trademarks
and design marks, service names and associated designs are trademarks and registered
trademarks of FarNet Inc., and/or its affiliates or related companies (collectively,
the "Farnet Marks"). All other product, brand and company names and logos
used or mentioned on a FarNet Inc. Site or any of the Services may be the trademarks
or registered trademarks of their respective owners. Any use of any trademarks appearing
on a FarNet Inc. Site or any of the Services without the express written consent
of the owner of the trademark is strictly prohibited.
26. Governing Law/Jurisdictional Issues
Except for third party sites and services independently operated and accessed
through FarNet Inc. Sites, all other FarNet Inc. Sites and Services are controlled,
operated and administered by FarNet Inc. from its offices within
Canada. FarNet Inc. makes no representation or warranty
that a FarNet Inc. Site or any of the Services are appropriate or available for
use at any locations outside Canada. If you access
a FarNet Inc. Site from outside Canada, you are responsible
for compliance with all applicable laws. You may not export any of the Content accessible
through a FarNet Inc. Site in violation of applicable export laws and regulations.
These Terms and Conditions shall be interpreted, construed and governed by the laws
in force in the Province of
Alberta, and the federal laws of Canada
applicable therein, without reference to its conflict of laws principles. Subject
to the Arbitration and Actions paragraph below, each party hereby agrees to submit
to the jurisdiction of the courts of the Province
of Alberta and the Federal Courts situated therein,
and to waive any objections based upon venue. The United Nations Convention on Contracts
for the International Sale of Goods does not apply
to these Terms and Conditions.
27. Arbitration and Actions
Except where prohibited by applicable law, any controversy, claim or dispute
arising out of or relating to these Terms and Conditions, your use of any FarNet
Inc. Site or Service (including Paid Services) or the relationship which results
from these Terms and Conditions, including without limitation, the performance,
breach, enforcement, existence or validity of the matters provided for in these
Terms and Conditions which cannot be amicably resolved, even if only one of the
parties declares that there is a difference (collectively, a "Claim"),
will be referred to and finally settled (to the exclusion of the courts) by private
and confidential binding arbitration before a single arbitrator held in Banff, Alberta
in English and governed by Alberta law as amended, replaced or re-enacted from time
to time. The arbitrator shall be a person who is legally trained and who has experience
in the information technology field in Canada
and is independent of either party. Any such Claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim, controversy
or dispute of any other party. Except where prohibited by applicable law, you agree
to waive any right you may have to commence or participate in any class action against
us related to any Claim and, where applicable, you also agree to opt out of any
class proceedings against us. Notwithstanding the foregoing, we reserve the right
to pursue the protection of intellectual property rights and confidential information
through injunctive or other equitable relief through the courts.
28. Miscellaneous
These Terms and Conditions and, where applicable, the specific terms of a Paid
Services Agreement, constitute the entire agreement between FarNet Inc. and you
pertaining to your use of the FarNet Inc. Sites and Services and, except as specifically
set forth herein, supersede any prior agreements between you and FarNet Inc. relating
to the FarNet Inc. Sites and Services. FarNet Inc. may assign these Terms and Conditions,
in whole or in part, at any time. FarNet Inc.'s failure to insist upon or enforce
strict performance of any right or provision of the Terms and Conditions shall not
constitute or be construed as a waiver of any right or provision. If any of the
provisions (or parts thereof) contained in the Terms and Conditions are determined
to be void, invalid or otherwise unenforceable by a court of competent jurisdiction,
such determination shall not affect the remaining provisions (or parts thereof)
contained herein. The parties have required that the Terms and Conditions and all
documents relating thereto be drawn up in English. Les parties ont
demandé que cette convention ainsi
que tous les documents que s`y
rattachent soient rédigés en anglais.
In the event of a conflict between the English and French version of these terms,
the English version shall prevail.
SCHEDULE "B"
PHOTO SUBMISSION LICENCE, RELEASE AND WAIVER
Please note that we cannot publish your photographic materials or images ("Photos")
if you do not own all rights in them, and have permission from those who may appear
in your Photos to publish the Photos. Please also note that not all of the FarNet
Inc. Sites or Services permit or provide for uploading of your Photos. If you decide
at any time that you no longer want us to use your Photos pursuant to this license,
simply send us a written request to the Attention of: Rights Manager - FarNet Inc.
at P.O. Box 2457, Banff, Alberta, T1L 1C2.
In consideration of FarNet Inc.'s agreement to allow you to post, e-mail,
transmit, upload or otherwise submit any Photo to the FarNet Inc. Sites or Services
and, possibly, to review, and potentially publish any such materials submitted to
FarNet Inc. by you, and for other valuable consideration the receipt and sufficiency
of which are hereby expressly and irrevocably acknowledged, you agree with FarNet
Inc. as follows.
1. You grant to FarNet Inc., a non-exclusive and royalty-free right and license,
(but not the obligation), in perpetuity throughout the world, to use, reproduce,
store, transmit, communicate the Photo in whole or in part, or any part thereof,
(i) on any FarNet Inc. Site now existing or to be created (including,
without limitation, internet web pages located at the domain name FarNet Inc. or
its successor websites) and however configured for any electronic distribution platform
or device whether fixed or mobile (whether now known or to be devised and including,
without limitation, phones, personal digital assistant, pagers and other wireless
enabled devices and applications); and (ii) in any newspaper (including but not
limited to print and Digital Editions of such newspapers) owned or operated by FarNet
Inc., and/or its affiliates, related companies, unaffiliated partners and/or licensees,
successors or assigns, for the purpose of promoting your Photo and its submission
to the FarNet Inc. Sites. You irrevocably waive, in FarNet Inc.'s favour
any and all so-called "moral rights" in connection with your Photo. You
grant these rights and this waiver to FarNet Inc. free of charge.
2. You represent and warrant that:
(a) you own or control all of the rights in and to your Photo. The rights granted
to FarNet Inc. in this license, the Photo and every one of its component elements
are, wholly original with you and not copied in whole or in part from any other
work, and/or you have obtained all necessary rights or licences in
order to authorize use of your Photo for the above purposes;
(b) you have the right to grant to FarNet Inc. the rights granted to us in this
license. No further permissions, consents or payments are required from or to, any
third party in connection with the use by FarNet Inc. of the rights granted hereunder,
there is (and will not be) any agreement with a third party that may in any way
interfere with FarNet Inc.'s rights under this license, and such rights are
and shall be free and clear of any and all claims, rights and obligations whatsoever;
(c) this license, and the Photo shall not be subject to the jurisdiction of
any guild, organization, corporation or collective in any jurisdiction and no additional
payment, royalties, or consent of any party are required in connection with FarNet
Inc.'s exercise of the rights granted in this license. Without limiting what
you have represented to above, you have not previously assigned any or all of the
rights in and to the Photo to any guild, organization, corporation or collective
or other person or entity whatsoever.
3. FarNet Inc. is the sole owner of all rights (including copyright) in the
FarNet Inc. Sites and in this capacity shall have the right to use the Photo in
any manner in its sole discretion within the terms of this license, including, but
not limited to the right to edit your Photo to accommodate publication requirements;
and to add to, delete from, edit, alter and otherwise combine the content with any
other content in any manner and in any media whatsoever.
4. You expressly and irrevocably release and forever discharge FarNet Inc.,
its parent, subsidiary, affiliated and associated companies, and their directors,
officers, employees, agents, representatives, independent and dependent contractors,
licensees, successors and assigns of and from any and all actions, causes of action,
suits, proceedings, liability, debts, judgments, claims and demands whatsoever in
law or equity which you ever had, now have, or hereafter can, shall or may have,
for or by reason of, or arising directly or indirectly out of, FarNet Inc.'s
exercise of its rights in this license, release and waiver.
5. You hereby agree to indemnify and hold harmless FarNet Inc., its partners,
their parent, affiliated and related companies, and all of their respective individual
shareholders, directors, officers, employees, licensees and assigns from and against
any claims, actions, losses and expenses (including legal expenses) occasioned by
any breach of your representations and warranties or any other provision of this
license, release and waiver.
6. You shall not have any right to terminate the permissions granted herein,
nor to seek, obtain, or enforce any injunctive or other equitable relief against
FarNet Inc., all of which such rights are hereby expressly and irrevocably waived
by you in favour of FarNet Inc..
7. You acknowledge having obtained independent legal advice in connection with
this license, release and waiver, failing which, you shall be deemed to have voluntarily
waived the right to seek such independent legal advice.
8. Certain portions of the FarNet Inc. Site may run specific Photo submission
campaigns, promotions or contests which envision reproduction of your photos in
other publications or media. Certain portions of the FarNet Inc. Site may also provide
services to which you may upload your Photos for private viewing only (including
but not limited to access by password and/or secure link only). In addition to the
general Terms and Conditions for FarNet Inc. Sites (including the Licence,
Release and Waiver terms for Music, Photos and Submitter Content incorporated therein),
any specific terms and conditions of those services, campaigns, promotions or contests
shall apply to those Photo submissions and are incorporated into this licence.
To the extent that there is conflict between the provisions of those specific terms,
this licence and the general Terms and Conditions for FarNet Inc. Sites,
the provisions of the specific terms and conditions of those Photo services, campaigns,
promotions or contests shall apply. Except as otherwise defined in this license
or in any specific terms and conditions of a Photo submission opportunity, any capitalized
terms shall have the meanings given to such terms in the general Terms and Conditions.
SCHEDULE "C"
SUBMITTER CONTENT SUBMISSION LICENCE, RELEASE AND WAIVER
In consideration of FarNet Inc.'s agreement to allow you to post, e-mail,
transmit, upload or otherwise submit any Submitter Content materials to the FarNet
Inc. Sites or Services and, possibly, to review, and potentially publish any such
materials submitted to FarNet Inc. by you, and for other valuable consideration
the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged,
you agree with FarNet Inc. as follows.
1. You acknowledge that:
(a) by posting, e-mailing, transmitting, uploading or otherwise submitting any
Submitter Content to any FarNet Inc. Sites or Services, you hereby irrevocably grant
and assign to FarNet Inc. the unlimited right and licence, for the
full term of copyright or any extension thereof, to copy, adapt, transmit, communicate,
public display and perform, distribute and create compilations and derivative works
from such Submitter Content, and to publish, reproduce and otherwise use and exploit
the Submitter Content in any manner and in any and all media, whether now known
or hereafter devised, throughout the world, without further compensation. FarNet
Inc. shall be entitled to edit the Submitter Content, and you hereby waive in
favour of FarNet Inc. and its assigns, all "moral rights" in
and to the Submitter Content. Nothing herein shall obligate FarNet Inc. to use or
publish the Submitter Content in any manner. The rights granted hereunder may be
freely assigned or sub-licensed by FarNet Inc. to any third party.
(b) FarNet Inc. receives submissions of ideas, stories and other materials from
other sources and, in addition, FarNet Inc. creates, and/or commissions others to
create on FarNet Inc.'s behalf, such materials (collectively the "FarNet
Inc. Materials"). The subject matter and substance and/or other elements (collectively
the "Elements") contained in the FarNet Inc. Materials may be similar
to those contained in the Submitter Content submitted by you. You expressly and
irrevocably understand, acknowledge and agree that FarNet Inc. is accepting the
Submitter Content at your request, which request was and is deemed to have been
made by you after having been advised by FarNet Inc. that there are or may be pre-existing
FarNet Inc. Materials which may have one or more Elements similar, or substantially
similar, to those found in the Submitter Content;
(c) FarNet Inc. shall be entitled to use the Submitter Content you submit to
FarNet Inc. without compensation or obligation to you; and
(d) There is no relationship of any type created, including without limitation
any agency, or fiduciary relationship, as between you and FarNet Inc., by virtue
of the submission by you of the Submitter Content to FarNet Inc. hereunder.
2. You hereby expressly and irrevocably release and forever discharge FarNet
Inc., its parent, subsidiary, affiliated and associated companies, and their directors,
officers, employees, agents, representatives, independent and dependent contractors,
licensees, successors and assigns of and from any and all actions, causes of action,
suits, proceedings, liability, debts, judgments, claims and demands whatsoever in
law or equity which you ever had, now have, or hereafter can, shall or may have,
for or by reason of, or arising directly or indirectly out of, FarNet Inc.'s
use of the Submitter Content.
3. You represent and warrant that:
(a) the Submitter Content you submit, and each and every of its component elements,
are wholly original with you and not copied in whole or part from any other work;
(b) you have the full and complete right to grant the permissions given hereunder
to FarNet Inc., and that no further permissions are required from, nor payments
required to be made to any third party in connection with the use by FarNet Inc.
of the Submitter Content as contemplated herein; and
(c) the Submitter Content does not defame any person and does not infringe upon
the copyright, moral rights, publicity rights, privacy rights or any other right
of any person, or company, or violate any law or judicial or governmental order.
4. You hereby agree to indemnify and hold harmless FarNet Inc., its partners,
co-producers, financiers and distributors, their parent, affiliated and related
companies, and all of their respective individual shareholders, directors, officers,
employees, licensees and assigns from and against any claims, actions, losses and
expenses (including legal expenses) occasioned by any breach of your representations
and warranties or any other provision of this license, release and waiver.
5. You shall not have any right to terminate the permissions granted herein,
nor to seek, obtain, or enforce any injunctive or other equitable relief against
FarNet Inc., all of which such rights are hereby expressly and irrevocably waived
by you in favour of FarNet Inc..
6. You acknowledge having obtained independent legal advice in connection with
this license, release and waiver, failing which, you shall be deemed to have voluntarily
waived the right to seek such independent legal advice.
7. Except to the extent that they conflict with the license, release and waiver
terms of the upload of your Photos, and/or Submitter Content, the general Terms
and Conditions for use of the FarNet Inc. Sites are also applicable to your submission
of Submitter Content and such Terms and Conditions are incorporated into this license.
If those general FarNet Inc. Terms and Conditions conflict with the terms and conditions
of this license, release and waiver, this license, release and waiver will govern.
Except as otherwise defined in this license, any capitalized terms shall have the
meanings given to such terms in the general Terms and Conditions.