1.1. This Agreement constitutes the agreement between
AMIXIMA Corp. ("AMIXIMA") and you as a user
who accesses or establishes a connection to the website
and internet service known as AllYouCanLearn.com ("Service"),
which is owned and controlled by AMIXIMA.
1.2. If you choose to use the Service, you will be agreeing
to abide by all of the terms and conditions of this
Agreement. You must agree to abide by all of the provisions
in this Agreement in order to remain an authorized user
of the Service and your use of the Service constitutes
your agreement to abide by those provisions. You are
solely responsible for your use of the Service and for
ensuring that your use complies fully with the provisions
of this Agreement.
1.3. AMIXIMA reserves the right, in its sole discretion,
to change, add or remove portions of this Agreement
at any time, but if it does so, it will post such changes
on the Service, or send them to you via e-mail. Any
changes to this Agreement will be effective immediately
upon notice to you. Your use of the Service after notice
of changes to this Agreement will be deemed your acceptance
of the changes.
1.4. AMIXIMA reserves the right, in its sole discretion,
to change, suspend, limit, or discontinue any aspect
of the Service at any time. AMIXIMA may also impose
limits on certain features and services or restrict
your access to parts or all of the Service without notice
or liability.
1.5. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT
OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE.
2.1. The contents of the Service are intended for your
personal, noncommercial use. You will use the Service
and any content, material, or information found on the
Service solely for lawful, non-commercial purposes.
All materials published and provided on the Service
("Content") are protected by copyright, trademark,
and other applicable intellectual property and proprietary
rights laws and is owned, controlled, and/or licensed
by AMIXIMA or the party credited as the provider of
the Content. "AMIXIMA", "AllYouCanLearn",
and "AllYouCanLearn.com" are trademarks of
AMIXIMA. You shall abide by all copyright notices, information,
or restrictions contained in any Content accessed through
the Service.
2.2. The Service and its Contents are protected by copyright
pursuant to Canadian and international copyright laws.
You are permitted to print or download extracts from
these pages for your personal non-commercial use only.
Any copies of these pages saved to disk or to any other
storage medium may only be used for subsequent viewing
purposes or to print extracts for personal use. You
may not (whether directly or through the use of any
software program) create a database in electronic or
structured manual form by regularly or systematically
downloading and storing all or any part of the pages
from this site. No part of Service may be reproduced
or transmitted to or stored in any other web site, nor
may any of its pages or part thereof be disseminated
in any electronic or non-electronic form, nor included
in any public or private electronic retrieval system
or service without prior written permission.
2.3. AMIXIMA reserves the right to collect, to use,
and to distribute demographic data about you and your
use of the Service in forms that do not identify you
individually or reveal your identity.
2.4. AMIXIMA may contain links to other related World
Wide Web Internet sites, resources, and sponsors of
AMIXIMA. AMIXIMA is not responsible for the availability
of these outside resources or their contents.
3.1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS
AT YOUR
SOLE RISK. NEITHER AMIXIMA, ITS AFFILIATES, NOR ANY
OF ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS,
OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE. NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY,
COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION,
MATERIAL, POSTINGS, OR POSTING RESPONSES
FOUND ON THE SERVICE, ANY MERCHANDISE OR SERVICES PROVIDED
THROUGH THE SERVICE, OR ANY LINKS TO OTHER SITES MADE
AVAILABLE ON THE SERVICE.
3.2. THE SERVICE AND ALL CONTENT, MATERIAL, INFORMATION,
POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE
ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3.3. IN NO EVENT WILL AMIXIMA (OR ANY OF ITS PARENTS,
SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS,
OR POSTING RESPONSES ON THE SERVICE OR THE SERVICE ITSELF.
THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY
LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON
TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH
DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT
AMIXIMA (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES,
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR
LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING
YOU.
You agree to defend, indemnify and hold harmless AMIXIMA (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. AMIXIMA reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
AMIXIMA reserves the right, in its sole discretion, at any time to charge fees for access to and use of the Service, or any portions of the Service. If AMIXIMA elects to charge fees, it will post notice on the Service of all provisions pertaining to fees and payments.
You will contact us by sending electronic mail to allyoucanlearn[AT]amixima[DOT]com. We will contact you by sending electronic mail to the address you provide to us, or by posting a notice on the Service.
AMIXIMA may terminate this Agreement and your use of the Service at any time. AMIXIMA shall have the right immediately to terminate your use of the Service in the event of any conduct by you which AMIXIMA, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
You agree that the terms of this Agreement and any rights, duties and obligations as between you and AMIXIMA shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without reference to any conflict of laws principles that require the application of the law of a different jurisdiction.
You further agree that any action at law or in equity involving AMIXIMA shall be brought solely within the Province of Ontario. You agree to submit to the exclusive jurisdiction and venue of the courts of the province of Ontario and the Federal Courts situate therein, and to waive any objections as to inconvenient forum. Notwithstanding this, you agree that AMIXIMA shall still be allowed to seek interim, interlocutory and permanent injunctive remedies, or equivalents thereof, in any jurisdiction.
You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement and any posted rules on the Service established
by AMIXIMA constitute the entire agreement of the parties
with respect to the subject matter hereof. No waiver
by either AMIXIMA or you of any breach or default under
this Agreement shall be deemed to be a waiver of any
preceding or subsequent breach or default. This Agreement
shall be binding upon and inure to the benefit of AMIXIMA
and its successors, trustees, and permitted assigns.
AMIXIMA may assign this Agreement, or any of its rights
or obligations under this Agreement, with or without
notice to you.