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Terms Of Use

Date of Last Revision: Nov 29, 2011

Please, read the terms and conditions of use carefully before using this site.
By using this Site, you agree to comply with and be bound by the following terms and conditions of use. If you do not agree to these terms and conditions, please, do not access this website.

1. Introduction.

This Terms and Conditions of Use Agreement ("Agreement") is a contract between UnixDime Software Inc. ("UnixDime"), a corporation organized and existing under the Canada Business Corporation Act, and you, an individual or business that accesses or uses the internet website (the Site) owned and operated by UnixDime.

This contract refers to UnixDime as "we", "us" or "our". This agreement regulates the terms and conditions that apply to your access and use of the Site.

2. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Agreement. This Agreement constitutes the entire and only agreement between you and UnixDime, and supersedes all prior versions of the agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

3. Relationship.

This Agreement is not intended to be, nor shall it be construed as a teaming arrangement, joint venture, ownership, partnership, agency or any other business arrangement.

4. Changes.

We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.

5. Copyright. No Grand of Rights.

The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.

You recognize and agree that nothing contained in this Agreement shall be construed as granting any property rights, by license or otherwise, to any information and materials of UnixDime or to any invention or any patent, copyright, trademark, or other intellectual property right that has issued or that may issue, based on such information and materials. You shall not make, have made, use or sell for any purpose any product or other item using, incorporating or derived from any information and materials of UnixDime.

6. Warranties.

You warrant to UnixDime that (i) you have the requisite authority to enter into and perform this Agreement, and (ii) your execution and performance under this Agreement will not result in a breach of any obligation to any third party or infringe or otherwise violate any third party's rights. You agree to indemnify UnixDime against any and all loses, damages, claims or expenses incurred or suffered by UnixDime as a result of your breach of this Agreement as would be determined by a court of law.

7. Equitable Remedies.

You acknowledge that your breach of this Agreement may cause irreparable harm to UnixDime for which UnixDime is entitled to seek injunctive or other equitable relief as well as monetary damages.

8. Assignment of rights and obligations.

UnixDime can assign its rights and obligations pursuant to this Agreement to any party, which will be entitled then to the corresponding terms and conditions, provided all of the rights and obligations associated with this Agreement are transferred collectively.

You shall not assign your rights and obligations pursuant to this Agreement to any other person or entity, whether by operation of law or otherwise, without the prior written consent of UnixDime. Any such attempted assignment by you shall be void and of no effect.

9. Disclaimer.

The content, services, free product samples and freebie offers from or listed through the site are provided "as-is," "as available," and all warranties, express or implied, are disclaimed, including but not limited to the disclaimer of any implied warranties of title, non-infringement, merchantability, quality and fitness for a particular purpose, in regard to this site and any website with which it is linked.

The information and services may contain bugs, errors, problems or other limitations. We have no liability whatsoever for your use of any information or service. In particular, but not as a limitation, we are not liable for any indirect, incidental or consequential damages (including damages for loss of business, loss of profits, loss of money, litigation, or the like), whether based on breach of contract, breach of warranty, negligence, product liability or otherwise, even if advised of the possibility of such damages.

The negations of damages set forth above are fundamental elements of the basis of the bargain between UnixDime and you the user. This site and the information would not be provided without such limitations.

No advice or information, whether oral or written, obtained by you from UnixDime through the site shall create any warranty, representation or guarantee not expressly stated in this agreement. The information and all other materials on the site are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate the accuracy and completeness of all information available on this site or any website with which it is linked.

10. Limits.

All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the Site.

11. Third-Party Website.

All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.

12. Third-Party Contents, Products and Services.

We advertise third-party linked websites from which you may purchase or otherwise obtain certain sample goods, freebie offerings or free trial services. You understand that we do not operate or control the products, free offerings or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site.

13. Submissions.

All suggestions, ideas, notes, concepts and other information you may send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

14. Unauthorized Use of the Site

Any illegal or unauthorized use of UnixDime Site and the entire UnixDime System, including but not limited to unauthorized entry into UnixDime System and Services, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited and shall constitute a violation of these Terms of Use.

You do not have permission to access the Site in any way that violates, directly or indirectly, these Terms of Use. Illegal or unauthorized use of the Site also includes, but is not limited to, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated process on the Site.

15. Choice of law and resolution of disputes

The parties' rights and obligations pursuant to this Agreement shall be governed by, enforced under, and construed and interpreted in accordance with the laws of the Province of Ontario, Canada without reference to conflict of laws principles. You agree consents to venue and personal jurisdiction exclusively in courts located in Toronto, Ontario.

If any provision of this Agreement is found by a proper authority to be unenforceable or invalid such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law.

You agree to indemnify, defend and hold us, our officers, our share holders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

An attempt shall be made to resolve any disputes that arise between the parties concerning the interpretation or legal effects of this Agreement by negotiation first. If such negotiations fail to resolve the dispute, then either of the parties may demand that the matter shall resolved with final effect by the courts located in Toronto, Ontario.