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Terms and Conditions
Legal Notices -- General Terms and Conditions of Use
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Please read these terms carefully before using this Site because they
contain legal obligations.
By using the Site or downloading Materials from the Site,
you agree, without limitation or qualification, to abide by the terms
and conditions set forth in this notice. If you do not agree to abide
by these terms and conditions do not use the Site or download Materials
from the Site. We reserve the right to modify them at any time or revoke
any and all access and use authorizations granted to visitors of the
ARRAY Development Sites. You should check these terms and conditions periodically
for changes. By using this site after we post any changes to these
terms and conditions, you agree to accept those changes, whether or
not you have reviewed them.
You acknowledge and agree that ARRAY Development may
terminate your access to DeLiberation™ Financial Calculator Web site or
to any of our Products and Services should you fail to comply with the
Terms and Conditions or any other guidelines and rules published by
ARRAY Development Any such termination shall be in
ARRAY Development' sole discretion and may occur without
prior notice, or any notice. ARRAY Development
further reserves the right to terminate any user's access to DeLiberation™ Financial Calculator Web site
or to any of our Products and Services for any reason or for no reason
at all, or for any conduct that ARRAY Development, in its sole
discretion, believes is or may be directly or indirectly harmful to other users, to
ARRAY Development or its subsidiaries, affiliates, or business contractors, or to
other third parties, or for any conduct that violates any local, state, federal, or
foreign laws or regulations.
When you are using any service or product on this Site that does not
have a separate legal Agreement, the Terms and Conditions set forth
here will apply.
ARRAY Development reserves the right to monitor some, all, or no areas of the
Products and Services for adherence to these Terms and Conditions or
any other rules or guidelines posted by ARRAY Development
Any rights not expressly granted herein are reserved.
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© Copyright 1998-2001 ARRAY Development (Canada) Inc. All Rights Reserved |
No document, software or databases contained within this site can be
reproduced in whole or in part for the purposes other than the personal use
of the viewer, without the express consent of ARRAY Development.
If quoting, please cite the source. If you download any materials,
you must keep all copyright, trademark, and other notices intact.
For journal articles, copyright remains with the original author(s) who
retain control over any subsequent use of the material. Anyone seeking
permission to reproduce such material will be referred to the original
author(s) or the copyright owner.
The opinions expressed on this site are not necessarily those of ARRAY Development Information presented on this site is compiled from the
sources believed to be accurate. However, ARRAY Development is neither
financially, nor legally, nor morally responsible for the veracity or use of
this information.
All other marks that appear throughout the Products
and Services belong to ARRAY Development, or the respective owners of such marks,
and are protected by U.S., Canada and international copyright and trademark
laws. Any use of any of the marks appearing throughout the Products
and Services without the express written consent of ARRAY Development
or the owner of the mark, as appropriate, is strictly prohibited.
DeLiberation™ Financial Calculator is a trademark of ARRAY Development
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Registration |
Certain of the Products and Services will require the user to register and
provide certain data. In consideration of use of such Products and Services,
in registering and providing such data, you represent and warrant that:
The information about yourself is true, accurate, current,
and complete (apart from optional items) as required by various DeLiberation™ Financial Calculator registration
forms ("Registration Data") and
You will maintain and promptly update the
Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete,
or ARRAY Development has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, ARRAY Development has the right to suspend
or terminate your account and refuse any and all current or future use of the Products
and Services.
Upon registering with DeLiberation™ Financial Calculator, you might receive a password
and an ID. You are responsible for maintaining the confidentiality of
the password and ID, and are fully responsible for all activities that
occur under your password or ID. You agree to
Immediately notify DeLiberation™ Financial Calculator Management of any of any
unauthorized use of your password or account or any other breach
of security, and
Ensure that you exit from your account at the end of
each session.
ARRAY Development cannot and will not be liable for any loss or
damage arising from your failure to comply with these requirements.
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Jurisdictional Issues, International Users and Choice of Law |
This Site is controlled, operated and administered by
ARRAY Development from its offices within Canada or the
United States of America. ARRAY Development makes no representation
that Materials at this Site are appropriate or available for use at
other locations outside of Canada or the US and access to them from
territories where their contents are illegal is prohibited.
Persons who choose to access this site from other locations do so on
their own initiative, and are responsible for compliance with local laws,
if and to the extent local laws are applicable.
You may not use the Site or export the Materials in violation of Canadian and U. S.
export laws and regulations. If you access this Site from a locations
outside of Canada or the US, you are responsible for compliance with
all local laws. These Terms and Conditions of use shall be governed
by the laws of the Province of Ontario, without giving effect to its
conflict of laws provisions.
This Agreement constitutes the entire Agreement between ARRAY Development and you
with respect to your use of the Site. Any cause of action you may have
with respect to your use of the Site must be commenced within one (1)
year after the claim or cause of action arises.
This Agreement may be modified only by our posting of changes to these
terms and conditions, or by a writing signed by both parties. If for
any reason a court of competent jurisdiction finds any provision of
the Agreement or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the
intent of the Agreement, and the remainder of this Agreement shall
continue in full force and effect.
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Limited License |
Subject to the terms and conditions set forth in this Agreement,
ARRAY Development grants you a non-exclusive, non-transferable, limited
right to access, use and display this Site and the Materials thereon.
You agree not to interrupt or attempt to interrupt the operation of the
Site in any way.
ARRAY Development authorizes you to view and download the
information ("Materials") at this Web site ("Site") only for your personal,
non-commercial use. This authorization is not a transfer of title in the
Materials and copies of the Materials and is subject to the following restrictions:
You must retain, on all copies of the Materials downloaded,
all copyright and other proprietary notices contained in the Materials;
You may not modify the Materials in any way or reproduce or
publicly display, perform, or distribute or otherwise use them for any public or
commercial purpose; and
You must not transfer the Materials to any other person
unless you give them notice of, and they agree to accept, the obligations
arising under these terms and conditions of use. you agree, without limitation
or qualification, to abide by all additional restrictions displayed on the
Site as it may be updated from time to time.
Except as expressly provided herein, ARRAY Development does
not grant any express or implied right to you under any patents, trademarks,
copyrights or trade secret information.
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Changes |
ARRAY Development reserves the right, at its sole discretion, to change, modify,
add or remove any portion of this Agreement in whole or in part, at any
time. Changes in this Agreement will be effective when notice of such
change is posted. Your continued use of the Site after any changes to
this Agreement are posted will be considered acceptance of those changes.
ARRAY Development may terminate, change,
suspend or discontinue any aspect of the DeLiberation™ Financial Calculator Site, including the
availability of any features of the Site, at any time.
ARRAY Development may also impose limits on certain
features and services or restrict your access to parts or all of the
Site without notice or liability. ARRAY Development
may terminate the authorization, rights and license given
above and, upon such termination, you shall immediately destroy all
Materials.
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You agree that you will not use DeLiberation™ Financial Calculator Products and Services to: |
Upload, post, email, otherwise transmit, or post
links to any Content, or select any member or user name or email address,
that violates any intellectual property rights, is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
pornographic, libelous, invasive of privacy or publicity rights, hateful,
or racially, sexually, ethnically or otherwise objectionable.
Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
"Stalk" or otherwise harass another.
Collect or store personally identifying information about other users for commercial or unlawful purposes.
Impersonate any person or entity, including, but not
limited to, a ARRAY Development official, employee,
DeLiberation™ Financial Calculator forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity.
Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Agreements).
Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
Making available copyrighted software or other Content that has had the copyright protection removed.
Making available serial numbers for software that can be used to illegally validate or register software.
Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
Making available any software files for which the user does not own the copyright or have the legal right to make available.
Upload, post, email, otherwise transmit, or post links
to any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation, except in those areas that are designated for such
purpose.
Upload, post, email, otherwise transmit, or post links
to any material that contains software viruses, worms, trojan horses,
time bombs, trap doors or any other computer code, files or programs or
repetitive requests for information designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment or to diminish the quality of, interfere
with the performance of, or impair the functionality of the DeLiberation™ Financial Calculator Products and Services.
Use automated means, including spiders, robots,
crawlers, or the like to download data from any DeLiberation™ Financial Calculator database.
Conduct your own contests and promotions.
Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
Modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform, link,
display or in any way exploit any Content from any ARRAY Development
database, including, without limitation, by incorporating data from any DeLiberation™ Financial Calculator
database into any e-mail or "white pages" products or serviced, whether
browser-based, based on proprietary client-site applications, web-based, or otherwise.
Sell, distribute, or make any commercial use of data
obtained from any ARRAY Development database or make any
other use of data from any DeLiberation™ Financial Calculator database in a manner which could be
expected to offend the person for whom the data is relevant.
Create and maintain a DeLiberation™ Financial Calculator web page as storage for
remote loading, or as a door or signpost to another homepage.
Create and maintain a DeLiberation™ Financial Calculator web page that contains hyperlinks to
content not permitted on DeLiberation™ Financial Calculator.
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.
Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
Access the Products and Services after your account or access has been terminated by ARRAY Development
Fail to complete any transaction after submitting an
order to purchase any goods or services from individual Merchants in DeLiberation™ Financial Calculator Shop
subject to the individual Merchant's or seller's terms and conditions
governing such transactions.
Submit any order to purchase goods or services from individual
Merchants in DeLiberation™ Financial Calculator Shop or from any seller in DeLiberation™ Financial Calculator Auctions where you do
not intend to complete the transaction.
Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of ARRAY Development or the party from whom such software may be licensed.
Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
Advertise, offer for sale, or sell any item you are
prohibited from advertising or selling by any applicable local, state,
national, or international law, including regulations having the force
of law.
Upload, post, email, otherwise transmit, or post
links to any material, or act in any manner, that is offensive to
DeLiberation™ Financial Calculator community or the spirit of these Terms and Conditions.
Advertise, offer for sale, or sell any of the following items:
Any firearms, explosives, or weapons.
Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
Any alcoholic beverages.
Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
Any controlled substances or pharmaceuticals.
Any items that are counterfeit or stolen.
Any dangerous items.
Any goods or services that do not, in fact, exist.
Any registered or unregistered securities.
Any items that violate or infringe the rights of other parties.
Any items that you do not have the legal right to sell.
Any items where paying DeLiberation™ Financial Calculator any of the required
transactional or listing fees would cause ARRAY Development
to violate any law.
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No Personal Advice |
The information contained in or made available through the ARRAY Development
Sites and that of its affiliated companies
and any of its or their respective licensors or suppliers (including
but not limited to information contained in text files, clubs, discussion
groups, journals, databases, directories, guestbooks, compendia and
mailing lists,or in text files) cannot replace or substitute for the
services of trained professionals in any field, including, but not
limited to, financial, security, legal or medical matters.
Neither ARRAY Development nor any of its affiliated companies
nor any of its or their respective licensors or suppliers make
representations or warranties concerning any treatment, action,
application or preparation by any person following the information
offered or provided within or through DeLiberation™ Financial Calculator Site. Neither we nor our partners,
or any of their affiliates, will be liable for any direct, indirect,
consequential, special, exemplary or other damages that may result,
including but not limited to economic loss, injury, illness or death.
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Disclaimer of Warranties |
The products and services are provided "as is," with no warranties
whatsoever. All express, implied, and statutory warranties,
including, without limitation, the warranties of merchantability,
fitness for a particular purpose, and non-infringement of proprietary
rights, are expressly disclaimed to the fullest extent permitted by
law.
To the fullest extent permitted by law, ARRAY Development
disclaims any warranties for the security, reliability, timeliness,
and performance of the products and services.
To the fullest extent permitted by law, ARRAY Development
disclaims any warranties for other services or goods received through
or advertised on the products and services or received through any
links provided in the products and services, as well as for any information
or advice received through the products and services or through any
links provided in the products and services. ARRAY Development
similarly disclaims, to the fullest extent permitted by law, any
warranties for any information or advice obtained through the products
and services.
The Materials may contain inaccuracies and typographical errors.
ARRAY Development does not warrant the accuracy or completeness of
the Materials or the reliability of any advice, opinion, statement or
other information displayed or distributed through the Site. You
acknowledge that any reliance on any such opinion, advice, statement,
memorandum, or information shall be at your sole risk. ARRAY Development
reserves the right, in its sole discretion, to correct any errors
or omissions in any portion of the Site. ARRAY Development can make
any other changes to the Site, the Materials and the products,
programs, services or prices (if any) described in the Site at any
time without notice.
Neither ARRAY Development nor any of its affiliated companies nor any
of its or their respective licensors or suppliers warrant that any
functions contained in the ARRAY Development sites will be
uninterrupted or error-free, that defects will be corrected, or that
the ARRAY Development sites or the server that makes them available
are free of viruses or other harmful components.
Neither ARRAY Development nor any of its affiliated
companies nor any of its or their respective licensors or suppliers
warrant or make any representations regarding the use or the results
of the use of the services, products or materials in this site in
terms of their correctness, accuracy, reliability, or otherwise. You
(and not ARRAY Development or any of its affiliated companies or any
of its or their respective licensors or suppliers) assume the entire
cost of all necessary servicing, repair or correction.
We do not endorse, warrant or guarantee any products or services
offered on the DeLiberation™ Financial Calculator Site. We are not a party to, and do not monitor any
transaction between users and third party providers of products or services.
You expressly understand and agree that ARRAY Development
disclaims any and all responsibility or liability for the accuracy, content,
completeness, legality, reliability, operability or availability of
information or material in the Products and Services. ARRAY Development
disclaims any responsibility for the deletion, failure to store,
failure of performance, misdelivery or untimely delivery of any
information or material, any inaccuracy, error, omission, interruption,
completeness, defect, communication line failure, alteration of,
or use of any content herein, regardless of cause, for any damages
resulting therefrom. ARRAY Development disclaims any responsibility or liability for any
harm resulting from downloading or accessing any information or
material through the Products and Services, including, without
limitation, for harm caused by viruses or similar contamination or
destructive features. ARRAY Development makes no
warranty regarding the reliability or accessibility of member web pages
or any storage facilities offered by DeLiberation™ Financial Calculator.
You understand and agree that any material downloaded or otherwise
obtained through the use of the Products and Services is done at your
own discretion and risk and that you will be solely responsible for
any damages to your computer system or loss of data that results in
the download of such material. The user assumes the entire cost of all
necessary maintenance, repair or correction.
Some jurisdictions do not allow the disclaimer of implied warranties.
In such jurisdictions, the foregoing disclaimers may not apply to you
insofar as they relate to implied warranties.
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Limitation of Liability |
You expressly understand and agree that under no circumstances,
including but not limited to negligence, shall ARRAY Development or
any of its affiliated companies or any of its or their respective
licensors or suppliers be liable to any user on account of that user's
use or misuse of and reliance on the Products and Services or for any
special or consequential damages that result from the use of, or the
inability to use, the materials on the ARRAY Development Sites, or
any Products or Services provided pursuant to the ARRAY Development
Sites, even if advised of the possibility of such damages. Such
limitation of liability shall apply to prevent recovery of direct,
indirect, incidental, consequential, special, exemplary and punitive
damages (even if ARRAY Development has been advised of the
possibility of such damages). Such limitation of liability shall apply
whether the damages arise from use or misuse of and reliance on the
Products and Services, from inability to use the Products and
Services, or from the interruption, suspension, or termination of the
Products and Services (including such damages incurred by third
parties).
Such limitation shall also apply with respect to damages incurred by
reason of other services or goods received through or advertised on
the Products and Services or received through any links provided in
the Products and Services, as well as by reason of any information or
advice received through or advertised on the Products and Services or
received through any links provided in the Products and Services. Such
limitation shall apply to the costs of procurement of substitute goods
or services, lost profits, or lost data. Such limitation shall apply
with respect to the performance or non-performance of the Products and
Services or any information or merchandise that appears on, or is
linked or related in any way to, ARRAY Development Such
limitation shall apply notwithstanding any failure of essential
purpose of any limited remedy. Such limitation shall apply to the
fullest extent permitted by law.
Such limitation of liability shall also apply to any damage caused by
loss of access to, deletion of, failure to store, failure to back up,
or alteration of member web pages or other content stored through the
ARRAY Development For all claims relating to Products
and Services performance or nonperformance under these terms and conditions,
whether in contract, tort, strict liability, or otherwise, including
without limitation, claims for failure of the system to operate, in no
event shall the total liability to you of ARRAY Development
or any of its affiliated companies or their respective licensors or
suppliers for all damages, losses, and causes of action, whether
arising in contract, tort, strict liability, or otherwise, exceed the
fee, if any paid by the user for the Product or Service.
Under no circumstances shall ARRAY Development be held liable for any
delay or failure in performance resulting directly or indirectly from
acts of nature, forces, or causes beyond its reasonable control,
including, without limitation, Internet failures, computer equipment
failures, telecommunication equipment failures, other equipment
failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials,
fires, floods, storms, explosions, acts of god, war, governmental
actions, orders of domestic or foreign courts or tribunals,
non-performance of third parties, or loss of or fluctuations in heat,
light, or air conditioning.
In some jurisdictions, limitations of liability are not permitted. In
such jurisdictions, the foregoing limitation may not apply to you.
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Disclaimer Regarding Third Party Content |
ARRAY Development offers access to numerous third party web pages
and content available over the Internet. In the overwhelming majority of
instances, including, but not limited to, sites displayed as search
results or contained within a directory of links, ARRAY Development
has no control whatsoever over the content of such sites. In other
instances, ARRAY Development may set guidelines for what may appear
on such web pages and may engage in certain screening, but generally
exercises no control over the content of such web pages and is unable
to police all such content. Third party content accessible through DeLiberation™ Financial Calculator
from such sources is developed by people over whom ARRAY Development
exercises no control. Accordingly, ARRAY Development
assumes no responsibility for the content of any site included in any
search results or otherwise linked to the DeLiberation™ Financial Calculator web site.
ARRAY Development is absolutely not responsible for the content of
messages placed by any third party on any or all of the interactive services
provided by ARRAY Development. Note that the individuals posting libelous or defamation
materials on ARRAY Development interactive services are themselves assuming
full liability for the consequences.
We are not responsible for the availability of any other site to which
any of ARRAY Development Sites links.
Under no circumstances will we be held responsible or liable, directly
or indirectly, for any loss or damage that is caused or alleged to
have been caused to you in connection with your use of, or reliance on,
any content, goods or services available on any other site. You should
direct any concerns to that site's administrator or webmaster.
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Parental Permission |
ARRAY Development may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and ARRAY Development may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
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DeLiberation™ Financial Calculator Communities Guidelines -- Clubs, Discussion Groups,
Journals, Directories, Guestbooks, Compendia and Mailing Lists |
Users of DeLiberation™ Financial Calculator Communities that include all DeLiberation™ Financial Calculator text files, clubs,
discussion groups, journals, databases, directories, guestbooks,
compendia and mailing lists, are expected to adhere to the guidelines
below and are expected not to engage in any of the Prohibited Conduct
described above. Any user failing to comply with these Terms and Conditions
may be expelled from a club, discussion group, journal, directory,
guestbook, compendium and mailing list by a DeLiberation™ Financial Calculator moderator or host,
and ARRAY Development may terminate or restrict such
user's DeLiberation™ Financial Calculator accounts. In addition, ARRAY Development
may remove any Content that violates these Terms and Conditions or is
otherwise objectionable, in ARRAY Development'
sole discretion. No child under the age of 13 may participate in
DeLiberation™ Financial Calculator Communities, including all clubs, discussion groups, journals,
directories, guestbooks, compendia and mailing lists offered throughout DeLiberation™ Financial Calculator.
Please read all the Prohibited Conduct
described above before using DeLiberation™ Financial Calculator Communities' services, and keep in
mind the following when using DeLiberation™ Financial Calculator Communities' services:
All information you submit in registering must be true, accurate,
current, and complete (apart from optional items).
Do not use any Communities in a commercial manner. You may not post
material that solicits funds, or that advertises or solicits goods or
services. You may not post messages that contain stock touts.
Do not upload, post, email, otherwise transmit, or post links to any
Content, or select any member or user name or email address, that
violates any intellectual property rights, is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
pornographic, libelous, invasive of privacy or publicity rights,
hateful, or racially, sexually, ethnically or otherwise objectionable.
Do not stalk or otherwise harass other users.
Do not upload, post, email, otherwise transmit, or post links to any
Content that promotes illegal activity, including without limitation
the provision of instructions for illegal activity.
Do not upload, post, email, otherwise transmit, or post links to any
Content that exploits the images of children under 18 years of age,
or that discloses personally identifying information belonging to children under 18 years of age.
Do not impersonate any person or entity, including, but not limited to,
a ARRAY Development official, employee, DeLiberation™ Financial Calculator forum leader,
guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity.
Do not upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose
Do not disobey any DeLiberation™ Financial Calculator moderators or other ARRAY Development
employee or representative to redress any violation of these Terms and Conditions.
Do not access any DeLiberation™ Financial Calculator Communities' service after your account or
access has been terminated by ARRAY Development
Do not upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
Do not interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
Violations of these Terms and Conditions in connection with the use of
DeLiberation™ Financial Calculator Communities should be reported to:
Communications
ARRAY Development
Email: array (at) ARRAYdev.com
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Submissions of Ideas |
ARRAY Development is always improving its Products and
Services and developing new features. If you have comments or ideas
regarding improvements or additions to DeLiberation™ Financial Calculator, we would like to hear
them -- but any submission will be subject to these Terms and Conditions.
You recognize that ARRAY Development does not want you to, and you warrant that
you shall not, provide any information or Materials to ARRAY Development that is
defamatory, threatening, obscene, harassing, or otherwise unlawful, or
that incorporates the proprietary material.
By posting on DeLiberation™ Financial Calculator Site, you grant (or warrant that the owner of such
rights has expressly granted) ARRAY Development
and/or relevant affiliated companies the worldwide, perpetual, nonexclusive
right to use your questions, comments, and postings, in their original
or edited form, in television programs, books, articles, commentaries,
or in any other medium now known or later developed. You also warrant
that you own or otherwise control all of the rights to the content you
have posted and that the public posting and use of such content by DeLiberation™ Financial Calculator
will not infringe the rights of any third party. Additionally, you
warrant that any "moral rights" in posted materials have been waived.
You are not entitled to any compensation for such use.
Under no circumstances shall any disclosure of any idea or related
materials to DeLiberation™ Financial Calculator be subject to any obligation of confidentiality or
expectation of compensation. By submitting the idea and/or any
related material to DeLiberation™ Financial Calculator you are waiving any and all rights that you
may have in the idea or any related materials and are representing and
warranting to ARRAY Development that the idea and/or related materials are
wholly original with you, that no one else has any rights in the idea and/or
materials and that ARRAY Development is free to implement the idea and to
use the materials if it so desires, as provided or as modified by
ARRAY Development, without obtaining permission or license from any third
party.
We will exclusively own all known or later-existing rights
to the Submission worldwide, and will be entitled to the unrestricted
use of the Submission for any purpose, without compensation to the
provider of the Submission.
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Advertisers and Content Linked to DeLiberation™ Financial Calculator |
DeLiberation™ Financial Calculator may provide, or third parties may provide, links to other sites
or resources located on the World Wide Web. ARRAY Development
has no control over such sites and resources. You acknowledge and agree
that ARRAY Development 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 ARRAY Development
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.
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through DeLiberation™ Financial Calculator Products and Services,
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 ARRAY Development shall not be responsible or
liable for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such advertisers
on the Product and Services.
ARRAY Development encourages you to exercise discretion
while using the Products and Services to browse the Internet. DeLiberation™ Financial Calculator may
link you to sites containing information that some people may find
inappropriate or offensive. ARRAY Development makes
no representations concerning any effort to review the content of any
of the sites listed in Web Guides or other directories, or of any of
the sites otherwise linked to DeLiberation™ Financial Calculator web site. ARRAY Development shall not be held responsible
for the accuracy, copyright or trademark compliance, legality, or
decency of material contained in sites listed in DeLiberation™ Financial Calculator directories or
otherwise linked to DeLiberation™ Financial Calculator web site or provided to DeLiberation™ Financial Calculator by third parties.
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Intellectual Property of ARRAY Development and Others |
Except as expressly provided, nothing within any of the Products and
Services shall be construed as conferring any license under any of the
ARRAY Development's or any third party's intellectual property
rights, whether by estoppel, implication, waiver, or otherwise. Without
limiting the generality of the foregoing, you acknowledge and agree
that certain Content available through and used to operate DeLiberation™ Financial Calculator and the
Products and Services is protected by copyright, trademark,
patent, or other proprietary rights of ARRAY Development and its
affiliates, licensors and service providers.
Except as expressly provided to the contrary, you agree not to modify, alter,
or deface any of the trademarks, service marks, or other intellectual property
made available by ARRAY Development in connection with the Products
and Services.
You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, or other content, products or services
obtained from the DeLiberation™ Financial Calculator Site without the express written permission of
ARRAY Development
You agree not to hold yourself out as in any way sponsored by, affiliated
with, or endorsed by ARRAY Development, any of ARRAY Development'
affiliates, or any of DeLiberation™ Financial Calculator service providers. You agree not to use any
of the trademarks or service marks or other Content accessible through DeLiberation™ Financial Calculator
for any purpose other than the purpose for which such Content is made available
to users by DeLiberation™ Financial Calculator. You agree not to defame or disparage ARRAY Development,
the trademarks or service marks of ARRAY Development, or any aspect of the Products
and Services. You agree not to adapt, translate, modify, decompile,
disassemble, or reverse engineer the Products and Services or any software
or programs used in connection with the Products and Services or
ARRAY Development
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Indemnity and Release |
By using DeLiberation™ Financial Calculator web site you agree to indemnify ARRAY Development
and its parents, subsidiaries, affiliates, officers, and employees
and hold them harmless from any and all claims and expenses, including
attorney's fees, arising from your use of DeLiberation™ Financial Calculator web sites, your use of the
Products and Services, or your submission of ideas and/or related materials
to DeLiberation™ Financial Calculator or from any person's use of any account or password you maintain
with any portion of DeLiberation™ Financial Calculator, regardless of whether such use is authorized by you.
If you are dissatisfied with any material on any ARRAY Development
Sites, or with these terms and conditions of use, your
sole and exclusive remedy is to discontinue using DeLiberation™ Financial Calculator site.
By using ARRAY Development, using the
Products and Services, or submitting any ideas and/or related materials
to ARRAY Development, you are hereby agreeing to release
ARRAY Development and its parents, subsidiaries, affiliates,
officers, and employees from any and all claims, demands, debts,
obligations, damages (actual or consequential), costs, and expenses
of any kind or nature whatsoever, whether known or unknown, suspected
or unsuspected, disclosed or undisclosed, that you may have against
them arising out of or in any way related to such disputes and/or to
the Products and Services or to any disputes regarding use of ideas
and/or related materials submitted to ARRAY Development
You hereby agree to waive all laws that may limit he efficacy of such
releases. For example, you specifically agree to waive the provisions of
California civil code section 1542, which provides:
"a general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which is known by him must have materially affected his settlement with the
debtor."
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Limitation of Actions |
You acknowledge and agree that, regardless of any statute or law to
the contrary, any claim or cause of action you may have arising out of,
or relating to, your use of DeLiberation™ Financial Calculator or the Products and Services must
be filed within one (1) year after such claim or cause of action arises, or forever be barred.
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Relationship of Parties |
You acknowledge and agree that you and ARRAY Development are
independent contractors under these Terms and Conditions, and nothing
herein shall be construed to create a partnership, joint venture, agency,
or employment relationship. Neither party pursuant to these Terms and
Conditions has authority to enter into Agreements of any kind on behalf
of the other and neither party shall be considered the agent of the
other.
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No Resale, Assignment or Sublicensing |
You agree not to resell, assign, sublicense, otherwise transfer, or
delegate your rights or obligations under these Terms and Conditions
without prior express written authorization of ARRAY Development
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Successors and Assigns |
Without in any way limiting the prohibition on your resale, assignment,
sublicensing, or other transfer of rights or obligations, these Terms
and Conditions shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, successors, and assigns.
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Termination; Survival |
These Terms and Conditions shall continue in effect for as long as you
use the Products and Services, unless specifically terminated earlier
by ARRAY Development All provisions of these Terms and
Conditions which impose obligations continuing in their nature shall
survive termination of these Terms and Conditions.
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Communications with Users |
ARRAY Development reserves the right to communicate with you regarding your
use of the Products and Services.
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Violations of Terms and Conditions |
Should you violate these Terms and Conditions or any other rights of
ARRAY Development, ARRAY Development
reserves the right to pursue any and all legal and equitable remedies
against you, including, without limitation, terminating any and all
user accounts on any and all of the ARRAY Development web sites.
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Non-Waiver and Separability |
ARRAY Development' failure to exercise any right or provision
of these Terms and Conditions shall not constitute a waiver of such
right or provision. If a court of competent jurisdiction holds any
provision of these Terms and Conditions 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 agree that
the other provisions of these Terms and Conditions remain in full
force and effect.
If any of these terms and conditions are found unlawful, void, or for
any reason unenforceable, then that provision will be considered
severable from the remaining terms and conditions, and will not affect
the validity and enforceability of the remaining provisions.
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Changes in Terms and Conditions and Changes in Products and Services |
ARRAY Development reserves the right to modify the Products
and Services from time to time, for any reason, and without notice,
including the right to terminate the Products and Services.
ARRAY Development reserves the right to modify these Terms and
Conditions from time to time, without notice. Please review these Terms
and Conditions from time to time so you will be apprised of any changes.
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Arbitration, Governing Law and Forum for Disputes |
Unless expressly stated to the contrary elsewhere within the Products
and Services, all legal issues arising from or related to the use of
the Products and Services shall be construed in accordance with, and
all questions with respect thereto shall be determined by the laws of
the Province of Ontario, Canada applicable to contracts entered into
and wholly to be performed within said state.
Any controversy or claim arising out of or relating to these Terms
and Conditions or any user's
use of the Products and Services shall be settled by binding arbitration
in accordance with the commercial arbitration rules of the
Canadian Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in
any arbitration with any claim or controversy of any other party. The
arbitration shall be conducted in Ottawa, Ontario, and judgment on the
arbitration award may be entered into in any provincial or federal court
in Ontario having jurisdiction thereof.
Any party seeking temporary or preliminary injunctive relief may do so
in any provincial or federal court in Ontario having jurisdiction thereof.
Except as set forth above, the provincial or federal court in Ontario shall
be the exclusive forum and venue to resolve disputes arising out of or
relating to these Terms and Conditions or any user's use of the Products
and Services. By using the Products and Services and thereby agreeing to
these Terms and Conditions, users consent to personal jurisdiction and venue
in the provincial or federal court in Ontario with respect to all such
disputes.
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DeLiberation™ Financial Calculator Privacy Statement |
This Privacy Statement discloses the privacy practices for DeLiberation™ Financial Calculator
(http://www.ARRAYdev.com/fin-calc/).
Information Collection and Use
DeLiberation™ Financial Calculator will not sell, share or rent information collected on this Site.
Unsolicited Messages
No unsolicited email, faxes or surface mail will be sent to individuals
who provide information to this Site.
- Privacy
You will be notified of:
- Personally identifiable information about you that is collected on
this website.
- How the information is used.
- How you can correct any inaccuracies in the information that relates to you.
Log Files
IP addresses and domain names are used to administer the Site, track user
movement and gather demographic information for aggregate use. Due to the nature and traceability
of IP addresses, the computer and/or corporation and/or individual of origin may be deduced from this information. We will not
knowingly provide information which will lead to such deduction.
Sharing
Some information may be displayed on this Site as aggregated demographic
information and shared with our partners and advertisers.
This does not contain any information that can identify any
individual or corporation.
Security
This Site takes every precaution to protect users'
information. When users submit sensitive information via the website,
their information is protected both online and offline.
Supplementation of Information
To properly fulfill our obligations to customers, we supplement the information we receive with
information from third-party sources. For example, to determine if our
customers qualify for a payment by a credit card, we might use their name and
other private information to validate their credit. Once that is done, this
information is destroyed.
Correction Updating Personal Information
If a user's personal information changes, we will provide a way to correct, update or remove
that user's personal data.
Choice Opt-in
Our users are given the option of permitting their information to be
used to selectively send them information, either by ARRAY Development
or other parties, at the point where we ask for the information.
This information will not be provided to other parties, but directed
to the users by ARRAY Development.
Share Information
It is possible that ARRAY Development, its subsidiaries, its
joint ventures or any combination of such could merge with or be
acquired by another business entity. Should such a combination occur,
you should expect that ARRAY Development would share some or all of
your information in order to continue to provide the service. If
ARRAY Development will be selling a substantial majority of the
assets for its services, including the customer and/or user database,
to an organization that will be using the database for related
purposes and will maintain the same privacy policy, or if
ARRAY Development will be transferring information to a subsidiary,
we will give 30 days prominent notice on our Web site prior to the
transfer.
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