Use of the DuMeter.net web site and software by DuMeter.net service subscribers is governed by the DuMeter.net Subscriber Agreement in addition to these general terms of use.
This Internet Web Site Agreement (the "Agreement") is between you and Hagel Technologies Ltd. ("Company"). Use of the DuMeter.net Web Site (the "Web Site") signifies your agreement to the terms and conditions of use set forth below in the Agreement.
GENERAL
Company does not warrant that the contents of this Web Site are error-free. Information on this Web Site may contain technical inaccuracies or typographical or other types of errors and may be changed or updated at any time without notice. Company may also make improvements or changes in the products or programs described on this Web Site at any time without notice. Company will use reasonable efforts to place accurate and up-to-date information on this Web Site but makes no warranty of its accuracy, completeness or timeliness. You acknowledge that your use of any information available through this site is at your own risk.
WARRANTY DISCLAIMER
THE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LINKS TO THIRD PARTY SITES
There are links on this Site that will permit you to travel to other, third-party sites over which Hagel Technologies has no control. These links are provided for your convenience only and your use of them is at your own risk. Hagel Technologies makes no representations whatsoever about the content of any of these other web sites, or about any of the links contained in the Web sites that you may access through this Site. Company does not endorse or accept any responsibility for the content, or use, of any such linked web sites.
DOWNLOADABLE SOFTWARE
Any software that is made available for use via the Web Site or for download from the Web Site (Software) is the copyrighted work of Company and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement that accompanies, or is included with, the Software ("End User License Agreement"). You agree to comply fully with all laws and regulations of Canada and other countries (Export Laws) to assure that neither the Software, nor any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. There are inherent dangers in the use of any software available for downloading on the Internet, and Company cautions you to make sure that you completely understand the potential risks before downloading any of the software (including the potential infection of your system by computer viruses). You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software and assume all risks associated with any downloaded software.
JURISDICTION AND GOVERNING LAW
We control the Site from within the Province of British Columbia, Canada. It can, however, be accessed by all Canadian provinces and territories as well as all states in the United States of America, and other places around the world. Although these places may have different laws from those of the Province of British Columbia, by accessing the Site, you agree with the laws of the Province of British Columbia and the laws of Canada in force in the Province of British Columbia, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of the Site. You also agree to submit to the exclusive jurisdiction and venue of the Supreme Court of the Province of British Columbia, with respect to such matters. Users of the Site accessing it from places outside of the Province of British Columbia acknowledge that they do so voluntarily and are responsible for complying with local laws.
COPYRIGHT AND TRADEMARK
The copyright in all material provided on this Web Site is held by Company or by the original creator of the material. Except as stated in this paragraph, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, framed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Company or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Web Site for personal, non-commercial use only, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without Company's permission, "mirror" any material contained on this Web Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. Any unauthorized use of any material contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold Company, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your misuse of this Web Site including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.
SUBMISSION OF INFORMATION OR MATERIALS
Except for the details of your product orders, and confidential or proprietary information or materials covered by an existing non-disclosure agreement - you agree that any information or materials that you submit to Company via this Site or any email links provided on this site will not be considered confidential or proprietary. By submitting information or materials to Company via this Web Site or email links provided in such information or materials, you represent that you have the authority to grant and in fact do grant to Company an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials world-wide, in whole or in part, and you further agree that Hagel Technologies is free to use any ideas, concepts or know-how that you submit for any purpose.
PRIVACY POLICY
Company maintains a Privacy Policy which is incorporated by reference. The Company privacy policy may be viewed at www.dumeter.net/info/privacy. Company will not use your personal information except in accordance therewith.
EMAIL FROM COMPANY
Company may from time to time send you email. You acknowledge that such emails are sent with your consent and permission.
ENTIRE AGREEMENT
These Terms represent the entire agreement relating to the use of the Web Site. Company's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Company may revise these Terms at any time by updating this posting. Your continued use of this Web Site after the posting of any changes to these Terms constitutes your acceptance of those changes. To view the most current version of these Terms at any time, click on the "Terms of Use" hypertext link available on this Web Site.