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This
web site is owned and operated by Peak Performance Software
Corp. ("PPSC"). PPSC reserves the right to
update and revise these Terms of Use at anytime without
notice. Please periodically review the Terms of Use
posted on this web site. By visiting or using this site,
you accept these Terms of Use. If you do not accept
these Terms of Use, stop using this web site immediately.
License, Copyright, Trademarks and Proprietary Rights
PPSC grants you a limited, personal non-transferable
license to use this web site for internal business purposes
only. All content on this site, including text, graphics,
video, documents, data files, reports, downloadable
computer software, server based software and server
based services (collectively “Content”) is the property
of PPSC and third parties and is protected by Canadian
and international copyright law. Except as expressly
permitted in these Terms of Use, no portion of the web
site, including all trademarks and logos, may be reproduced
in any form, or by any means, without prior permission
from PPSC or the applicable third party. If you download
software from this web site, you are subject to the
license terms in the software license agreement that
accompanies or is provided with the software. You are
not allowed to download or install the software until
you have read and agreed with the terms of the software
license agreement.
Links to Third Party Sites
Any links to third party sites appearing on this site
have been provided for your convenience. If you use
these links, you will leave this web site. PPSC is not
responsible for content on any third party site linked
from this site. PPSC will not be liable for any damages
caused by your use of or reliance on such content. If
you decide to access any of the third party sites linked
from this web site, you do so entirely at your own risk.
Privacy Policy
By using this web site, you agree to be bound by the
PPSC Privacy Policy. To view the applicable Privacy
Policy, click here: http://www.ppsc.ca/privacy.htm.
Submission of Information
PPSC welcomes all feedback regarding its products and services. If you choose to submit to us information in any form such as suggestions, ideas, drawings, notes and or concepts (collectively “Information”) clearly state the copyright and confidentiality status of such Information. If submitted Information is not clearly marked with a copyright or trademark notice then PPSC shall consider the Information to be sole property of PPSC and shall not be liable or owe any compensation for any use or disclosure of the Information. If submitted Information is not clearly marked with a notice of confidentiality then PPSC shall consider the Information to be public knowledge such that PPSC shall not be subject to any obligation of confidentiality regarding such Information.
Disclaimer and Exclusion of Warranty
Except as explicitly stated otherwise, and to the extent
permitted by applicable law, PPSC provides all Content
on this site on an “AS IS" and “AS AVAILABLE” basis
without any warranties of any kind whether express or
implied. To the fullest extent possible pursuant to
applicable law, PPSC disclaims all warranties, express
or implied, including, but not limited to, implied warranties
of merchantability, fitness for a particular purpose,
non-infringement or other violation of rights. The entire
risk arising out of use, performance or non-performance
of this web site and the Content thereof remains with
you.
Exclusion and Limitation of Liability
Under no circumstances shall PPSC, its affiliates and
their respective directors, officers, employees, contractors,
agents or suppliers be liable to you or any third party
for any direct, consequential, special, incidental,
indirect or punitive damages of any kind arising out
of or in connection with the use or inability to use
this web site and or the Content thereof, and or for
any breach of the terms of use, including but not limited
to, loss of profits, loss of business or goodwill, loss
of use, business interruption, personal injury, death,
loss of data or any other pecuniary loss, even if such
parties or any one of them have been advised of the
possibility of such loss or damage or any claim by any
third party. Without limiting the generality of the
foregoing, if you are dissatisfied with any portion
of the Content available on or through the web site,
or with any of the Terms of Use, your sole and exclusive
remedy is to discontinue its use. PPSC does not warrant
or represent that the site will be free of viruses or
other harmful components because feedback and other
content may be delivered to this web site from third
parties.
Indemnification
You agree to indemnify and hold PPSC harmless from all
claims, liabilities, damages, losses, including reasonable
legal fees and expenses, due to or arising out of your
use of the web site, any offered service, or your breach
of the Terms of Use.
Jurisdiction
PPSC is a Canadian corporation located in Calgary, Alberta,
Canada. These Terms of Use shall be governed by Canadian
Laws according to the laws of the Province of Alberta.
All issues shall be filed under the jurisdiction of
the Province of Alberta and are to be performed entirely
within the Province of Alberta. Those who choose to
visit and use this Site are considered to be doing so
on their own initiative and are responsible for compliance
with all applicable laws in the country in which they
reside. You may not export any of the Content accessible
through this web site in violation of any applicable
export laws and regulations.
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