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Legal NoticesTerms of UseConditions of UseOwnership of Intellectual PropertySoftware Available on the WebsiteLinksCompliance with LawsPrivacyDisclaimers, Limitations of Liability and IndemnificationJurisdictionGeneral
- Terms of Use
American Tripoli, Inc. including its parent, affiliates and subsidiaries (“American Tripoli”) makes available to you the website located at www.americantripoli.com (the “Website”) subject to your acceptance of and compliance with this Legal Notice. By accessing or using the Website you are agreeing to and accepting this Legal Notice. If you do not agree with this Legal Notice do not access or use the Website.
American Tripoli reserves the right to modify this Legal Notice at any time without prior notice by posting such modifications on the Website. Your continued access or use of the Website after such modifications have been posted shall indicate your acceptance of and agreement to be bound by this Legal Notice as modified. It is your responsibility to review regularly this Legal Notice.
- Conditions of Use
Except as may be expressly authorized by American Tripoli, any reproduction, modification or distribution of the Website materials or content, in whole or in part, is strictly prohibited.
American Tripoli reserves the right to modify, change, discontinue or suspend the Website in whole or in part, at any time, without prior notice to you. American Tripoli or any of its respective employees, agents, officers, directors or third party service providers (collectively, “American Tripoli Service Providers”) shall not be liable to you or any third party should American Tripoli exercise this right.
- Ownership of Intellectual Property
American Tripoli or the American Tripoli Service Providers own all right, title and interest in the Website, including all associated market data and information, and you acquire no interest therein. The materials provided on the Website including, without limitation, all content, site design, text, graphics and the selection and arrangement thereof are protected by copyright. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited. Nothing in this Legal Notice or your use of the Website shall grant you any rights in or to the intellectual property or proprietary rights of American Tripoli or any third party. You may not frame this Website nor link to this Website without American Tripoli’s express permission. If you wish to link to this Website please contact us at info@americantripoli.com.
American Tripoli, americantripoli.com and related words and logos are trade-marks and/or trade-names of American Tripoli. Nothing in this or on the Website shall be construed as granting, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any marks or names of American Tripoli. The names of other companies, products or services referred to on the Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of American Tripoli or of third parties is strictly prohibited.
American Tripoli hereby grants to you a licence to download one copy of materials published by American Tripoli on this Website on any single computer for your personal, non-commercial use only, provided you do not remove or alter any copyright or other proprietary notices.
- Software Available on the Website
Software that is made available to download from the Website is the copyrighted work of American Tripoli or third party vendors. Your use of the software is governed by the terms of the end user license agreement which accompanies or is made available with the software. You may not install or use the software unless you first agree to the terms and conditions of the license agreement.
- Links
Certain links on this Website lead to other websites (“Linked Sites”). Independent parties over whom American Tripoli has no control maintain the Linked Sites. American Tripoli makes no representations or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites, including the goods or services sold or made available. American Tripoli disclaims all liability and responsibility for the content of the Linked Sites. Nothing in this Legal Notice grants you any rights or authorization with respect to any Linked Sites.
- Compliance with Laws
In addition to complying with this Legal Notice, you agree to use the Website, Linked Sites and services available on or through the Website and Linked Sites for lawful purposes only and in a manner consistent with local, national or international laws and regulations. You may not use the Website or Linked Sites in any manner which could damage, disable, overburden, or impair the Website or Linked Sites or interfere with any other party’s use or enjoyment of the Website or Linked Sites.
- Privacy
We, at American Tripoli, believe that your personal information deserves protection. You may visit this Website without registering or providing any personal information. Further, American Tripoli has not implemented any “cookies” on this Website for gathering personal information. American Tripoli collects traffic data for this Website to generate statistics and aggregate reports for its internal use. These statistics and aggregate reports will not contain any personal information. Personal information, such as your name and e-mail address, will only be collected if you make an enquiry to American Tripoli through this Website. American Tripoli will only use your personal information when responding to an enquiry that you may make, and for no other purpose whatsoever. American Tripoli will not disclose your personal information to anyone else outside American Tripoli, without your prior consent. However, American Tripoli reserves the right to disclose your personal information in the following limited circumstances: (i) if a law, regulation, search warrant, subpoena or court order legally requires us to do so; (ii) if the rights or property of American Tripoli or its third party service providers or users of this Website are in jeopardy; and (iii) if the personal safety of users of this Website or other members of the public is in jeopardy.
Recognizing that your privacy is important to you, American Tripoli has implemented technical security measures to protect your personal information once it is received. However, American Tripoli cannot guarantee that any transmission over the Internet is secure. Consequently, American Tripoli, its third party service providers and its and their respective officers, directors, employees and agents do not accept any liability for personal information submitted to them nor for your or any third party’s use or misuse of your personal information.
If you have any questions, comments or complaints about our privacy policy or our adherence to it, you may contact Brandin Chivilo at 403-260-9893 or by e-mail at info@americantripoli.com. You may also contact us to request access to your personal information or to request that we update your personal information.
- Disclaimers, Limitations of Liability and Indemnification
YOU UNDERSTAND AND AGREE THAT:
USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. AMERICAN TRIPOLI AND AMERICAN TRIPOLI SERVICE PROVIDERS DO NOT WARRANT THAT THE WEBSITE 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 WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE.
USE OF ANY LINKED SITE IS ENTIRELY AT YOUR OWN RISK. HYPERLINKS FROM THE WEBSITE TO ANY LINKED SITE DO NOT IMPLY AN ENDORSEMENT OF THE LINKED SITE OR ANY GOODS, SERVICES OR INFORMATION PROVIDED THROUGH SUCH LINKED SITES.
THE DOWNLOADING OF MATERIAL FROM THE WEBSITE OR LINKED SITES IS DONE AT YOUR OWN RISK. AMERICAN TRIPOLI DOES NOT GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF THE WEBSITE OR ANY LINKED SITE.
YOU SHOULD NOT RELY ON ANY OPINION OR OTHER INFORMATION SET OUT IN THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE WHEN MAKING BUSINESS, FINANCIAL, PERSONAL OR OTHER DECISIONS. AMERICAN TRIPOLI AND ITS SERVICE PROVIDERS DO NOT ENDORSE THE OPINIONS OF ANY THIRD PARTY EXPRESSED ON THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE.
Limitations of Liability. IN NO EVENT SHALL AMERICAN TRIPOLI BE LIABLE FOR ANY (i) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES, (ii) DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY, (iii) CLAIMS OF THIRD PARTIES, OR (iv) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS LEGAL NOTICE, THE WEBSITE OR ANY LINKED SITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF AMERICAN TRIPOLI AND AMERICAN TRIPOLI SERVICE PROVIDERS ARISING OUT OF OR RELATED TO THIS LEGAL NOTICE EXCEED CDN$10.00. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Scope of Limitations and Disclaimers. THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY SET OUT IN THIS LEGAL NOTICE SHALL APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF AMERICAN TRIPOLI AND THE AMERICAN TRIPOLI SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY.
Indemnity. YOU AGREE TO INDEMNIFY AND HOLD AMERICAN TRIPOLI AND THE AMERICAN TRIPOLI SERVICE PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, DEMANDS, LOSSES OR EXPENSES (INCLUDING ALL LEGAL FEES) ARISING OUT OF YOUR BREACH OF THIS LEGAL NOTICE OR ANY POLICIES.
- Jurisdiction
The laws of the Province of Alberta and any applicable federal laws of Canada shall govern your use of the Website. The courts of the Province of Alberta shall have exclusive jurisdiction over any dispute arising out of your use of this Website.
- General
This Legal Notice, any and all other notices, policies and statements contained on the Website (as the same may be amended by American Tripoli from time to time without prior notice) constitute the entire agreement between American Tripoli and you. This Legal Notice cannot be modified except as described elsewhere herein. This Legal Notice supercedes anything in the Website inconsistent with this Legal Notice. No waiver of any of this Legal Notice shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If in any jurisdiction, any part of this Legal Notice is held to be unenforceable by a court of competent jurisdiction, such part of this Legal Notice shall be restricted or eliminated to the minimum extent necessary and the remaining Legal Notice shall otherwise remain in full force and effect.
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