Kasner Group of Companies
Web Site Agreement
The The Kasner Group of Companies Web Site (the "Site") is an online information service
provided by Kasner Group of Companies ("The Kasner Group of Companies "), subject to your
compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY
BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. The Kasner Group of Companies MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The
owner of the copyrights and trademarks are The Kasner Group of Companies, its affiliates or
other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE
AND/OR SOFTWARE. You may print and download portions of material from the different areas of the
Site solely for your own non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant to The Kasner Group of
Companies a non-exclusive, royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit to any public areas of
the Site (such as bulletin boards, forums and newsgroups) or by e-mail to The Kasner Group of
Companies by all means and in any media now known or hereafter developed. You also grant to The
Kasner Group of Companies the right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse against The Kasner Group of
Companies for any alleged or actual infringement or misappropriation of any proprietary right in
your communications to The Kasner Group of Companies.
Publications, products, content or services referenced herein or on the Site are the exclusive
trademarks or servicemarks of The Kasner Group of Companies. Other product and company names
mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being
supplied by The Kasner Group of Companies, The Kasner Group of Companiesdoes not operate,
control or endorse any information, products or services on the Internet in any way. Except for
The Kasner Group of Companies- identified information, products or services, all information,
products and services offered through the Site or on the Internet generally are offered by third
parties, that are not affiliated with The Kasner Group of Companies a. You also understand that
The Kasner Group of Companies cannot and does not guarantee or warrant that files available for
downloading through the Site will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of
data input and output, and for maintaining a means external to the Site for the reconstruction
of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. The Kasner
Group of Companies PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND The Kasner Group of
Companies SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. The Kasner Group of Companies DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR
RISK. The Kasner Group of Companies HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL The Kasner Group of Companies BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF The Kasner
Group of Companies OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, The Kasner Group of Companies LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The Kasner Group of Companies makes no representations whatsoever about any other web site which
you may access through this one or which may link to this Site. When you access a non-The Kasner
Group of Companies web site, please understand that it is independent from The Kasner Group of
Companies, and that The Kasner Group of Companies has no control over the content on that web
site. In addition, a link to a The Kasner Group of Companies web site does not mean that The
Kasner Group of Companies endorses or accepts any responsibility for the content, or the use, of
such web site.
You agree to indemnify, defend and hold harmless The Kasner Group of Companies, its officers,
directors, employees, agents, licensors, suppliers and any third party information providers to
the Service from and against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit
of The Kasner Group of Companies and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the Service. Each of these individuals
or entities shall have the right to assert and enforce those provisions directly against you on
its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of
This Agreement shall all be governed and construed in accordance with the laws of Canada
applicable to agreements made and to be performed in Canada. You agree that any legal action or
proceeding between The Kasner Group of Companies and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in Canada . Any cause of action or claim you may
have with respect to the Service must be commenced within one (1) year after the claim or cause
of action arises or such claim or cause of action is barred. The Kasner Group of Companies's
failure to insist upon or enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision of this Agreement. The Kasner
Group of Companies may assign its rights and duties under this Agreement to any party at any
time without notice to you.
Any rights not expressly granted herein are reserved.
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