1.
YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and Dacon Software
Corporation ("Dacon Software Corporation and/or
livecsrhost.com and/or daconsoftware.com "),
and governs your use of the daconsoftware.com website
and its content and the services and goods provided
through the website (collectively the "website").
Each time you use the website you signify your acceptance
and agreement, and the acceptance and agreement of
any person you purport to represent (and for purposes
of this Agreement, "person" includes any
type of incorporated or unincorporated entity), without
limitation or qualification, to be bound by this Agreement,
and you represent and warrant that you have the legal
authority to agree to and accept this Agreement on
behalf of yourself and any person you purport to represent.
If you do not agree with each provision of this Agreement,
or you are not authorized to agree to and accept this
Agreement, or you do not have the legal authority
to agree to and accept this Agreement, you may not
use the website.
2.
CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend this Agreement
in any manner. Dacon Software Corporation and/or
livecsrhost.com and/or daconsoftware.com may,
in its sole discretion, change, supplement or amend
this Agreement as it relates to your future use of
the website from time to time, for any reason, and
without any notice or liability to you or any other
person, by posting a revised Agreement on the website.
3.
PERMITTED USERS AND ACCESS
The website may be used only by persons resident in
Canada who have reached the age of majority or legal
age in their jurisdictions and who can form legally
binding contracts under applicable law. The website
may not be used by persons in jurisdictions where
access to or use of the website or any part of it
may be illegal or prohibited. It is solely your responsibility
to determine whether your use of the website is lawful,
and you must comply with all applicable laws.
4.
MISPRINTS AND ERRORS, PRODUCT AVAILABILITY, PRICES,
AND ORDERS
Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com endeavours to provide
current and accurate information on the website. Nevertheless,
misprints or other errors may occur. Accordingly,
livecsrhost.com and/or daconsoftware.com reserves
the right to change the prices, fees and charges regarding
the goods and services available through the website
at any time and from time to time without any notice
or liability to you or any other person. Also, livecsrhost.com
and/or daconsoftware.com cannot guarantee that goods
or services advertised on the website will be available
when ordered or thereafter. Dacon Software Corporation
and/or livecsrhost.com and/or daconsoftware.com
also reserves the right at any time to reject, correct,
cancel or terminate any order. If you order goods
or services for which the price was incorrectly displayed,
Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com will provide you with
an opportunity to cancel your order. If you order
goods or services that are not available, Dacon
Software Corporation and/or livecsrhost.com and/or
daconsoftware.com will notify you by email. Dacon
Software Corporation and/or livecsrhost.com and/or
daconsoftware.com reserves the right to limit
quantities licensed and/or sold.
The advertisements on the website are invitations
for purchase orders, and are not offers to sell. Your
properly completed and delivered order form constitutes
your offer to purchase the goods or services referenced
in your order. Your order shall be deemed to be accepted
only if and when Dacon Software Corporation and/or
livecsrhost.com and/or daconsoftware.com sends
an order acceptance email to your email address. If
you wish to cancel an order, you may request a cancellation
by sending an email to websupportcan@livecsrhost.com.
However, Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com may not receive and
process your cancellation request before it accepts
and processes your order, in which case your cancellation
request may not be effective.
5.
NO ADVICE OR SOLICITATION
THE WEBSITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES
ONLY. THE WEBSITE IS NOT INTENDED TO BE A COMPREHENSIVE
OR DETAILED STATEMENT CONCERNING THE MATTERS ADDRESSED;
ADVICE OR RECOMMENDATIONS; OR AN OFFER TO SELL OR
BUY ANY PRODUCT OR SERVICE. YOU SHOULD SEEK PROFESSIONAL
ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING
TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THOUGH
THE WEBSITE.
6.
DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION,
RELEASE AND INDEMNITY
Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com strives to make your
use of the website a useful and enjoyable experience,
and a safe and easy way to purchase goods over the
Internet. Nevertheless, Dacon Software Corporation
and/or livecsrhost.com and/or daconsoftware.com
and its service providers (the "Providers")
do not accept any liability for your use of the website.
For that reason, the following provisions apply to
your use of the website:
DISCLAIMER
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
THE
WEBSITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE
HEREBY DISCLAIMED BY Dacon Software Corporation
and/or livecsrhost.com and/or daconsoftware.com
AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED
BY LAW.
YOU
(AND NOT Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com OR THE PROVIDERS) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING
FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE
WEBSITE.
THE
OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS
FACTORS BEYOND Dacon Software Corporation and/or
livecsrhost.com and/or daconsoftware.com 's CONTROL.
THE OPERATION OF THE WEBSITE MAY NOT BE CONTINUOUS
OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS
CANNOT BE ELIMINATED.
Dacon
Software Corporation and/or livecsrhost.com and/or
daconsoftware.com IS UNDER NO OBLIGATION TO VERIFY
THE IDENTITY OF USERS OF THE WEBSITE.
THROUGH
YOUR USE OF THE WEBSITE, YOU MAY HAVE THE OPPORTUNITY
TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS.
ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. Dacon
Software Corporation and/or livecsrhost.com and/or
daconsoftware.com IS NOT A PARTY TO ANY SUCH
TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING
ALL SUCH TRANSACTIONS.
WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, Dacon
Software Corporation and/or livecsrhost.com and/or
daconsoftware.com AND ITS PROVIDERS MAKE NO REPRESENTATION,
WARRANTY OR CONDITION THAT:
THE
WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND
RELATED EQUIPMENT AND SOFTWARE;
THE
WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT
INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY
ERRORS WILL BE CORRECTED;
THE
INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL
BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
CERTAIN
OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF
THE WEBSITE;
THE
USE OF THE WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING
OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN
HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS;
OR
THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS
(INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
AND
Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com AND ITS PROVIDERS DISCLAIM
ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE
FULLEST EXTENT PERMITTED BY LAW.
LIABILITY
EXCLUSION
Dacon
Software Corporation and/or livecsrhost.com and/or
daconsoftware.com AND ITS PROVIDERS WILL NOT
UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS
OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS
OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL
LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT,
TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING
FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE
WEBSITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS
OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY
Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com OR ANY PROVIDER OR ANY
PERSON FOR WHOM Dacon Software Corporation and/or
livecsrhost.com and/or daconsoftware.com OR ITS
PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT
Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com OR ITS PROVIDERS MAY
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS
OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
LIABILITY
LIMITATION
IN
NO EVENT WILL Dacon Software Corporation and/or
livecsrhost.com and/or daconsoftware.com OR ANY
OF ITS PROVIDERS' TOTAL LIABILITY TO YOU OR ANY OTHER
PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS,
DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT
OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS
OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY
Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com OR ANY PERSON FOR WHOM
Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com IS RESPONSIBLE, EXCEED
$25 (CDN) OR THE AMOUNT YOU PAID TO Dacon Software
Corporation and/or livecsrhost.com and/or daconsoftware.com
FOR THE USE OF THE WEBSITE, WHICHEVER IS LESS.
RELEASE
YOU
HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH
OF livecsrhost.com and/or daconsoftware.com and/or
Dacon Software Corporation AND ITS PROVIDERS AND
ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS,
EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS,
SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER
RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY
AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS,
CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS,
LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE
AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER
KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH
ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR
USE OF THE WEBSITE.
INDEMNITY
YOU
AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH
OF LIVECSRHOST.COM AND/OR DACONSOFTWARE.COM AND DACON
SOFTWARE CORPORATION AND ITS PROVIDERS AND ALL OF
THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES,
INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS,
LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED,
OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED
PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES,
EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE
LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED
PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING
OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF
THE website OR YOUR BREACH OF THIS AGREEMENT. YOU
WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY
REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE
OF ANY SUCH CLAIM OR DEMAND.
ADVICE
AND INFORMATION PROVIDED BY ivecsrhost.com and/or
daconsoftware.com and/or Dacon Software Corporation
OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL
NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION
OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE
DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION,
RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT
RELY UPON ANY SUCH ADVICE OR INFORMATION.
The
exclusion of certain warranties and the limitation
of certain liabilities is prohibited by legislation
in some jurisdictions. Such legislative limitations
may apply to you.
The
disclaimer, liability exclusion, liability limitation,
release, and indemnity provisions in this Agreement
survive indefinitely after the termination of this
Agreement.
7.
LOGIN NAMES AND PASSWORDS
Website
accounts may be accessed only by use of a unique login
name and password. The use of a password does not
restrict access by Dacon Software Corporation and/or
livecsrhost.com and/or daconsoftware.com and
its Providers to the password-protected information.
Login names and passwords may not be shared. For security
reasons, you must keep your login name and password
confidential and not disclose them to any person or
permit any other person to use them, except an authorized
Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com representative. Also,
passwords must be non-obvious, hard-to-guess, confidential
and changed on a regular basis, and you must log-out
at the end of each session.
You
are solely responsible and liable for any use and
misuse of your login name and password and for all
activities that occur under your login name and password.
You must ensure that all uses of your login name and
password comply with this Agreement.
You
must immediately notify Dacon Software Corporation
and/or livecsrhost.com and/or daconsoftware.com
of any unauthorized use of your login name or password,
or if you know or suspect that your login name or
password has been lost or stolen, has become known
to any other person, or has been otherwise compromised.
All
login names and passwords remain the property of Dacon
Software Corporation and/or livecsrhost.com and/or
daconsoftware.com , and may be cancelled or suspended
at any time by Dacon Software Corporation and/or
livecsrhost.com and/or daconsoftware.com without
any notice or liability to you or any other person.
Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com is not under any obligation
to verify the actual identity or authority of the
user of any login name or password.
You
must respond promptly to all email and other correspondence
from Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com , including without limitation
email and correspondence concerning complaints or
concerns regarding your use of your login name or
password or your use of the website.
THE
SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT
COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS
IS AT YOUR OWN RISK.
8.
TERMINATION OF THIS AGREEMENT AND THE WEBSITE
If
you breach any provision of this Agreement, you may
no longer use the website.
Dacon
Software Corporation and/or livecsrhost.com and/or
daconsoftware.com may, in its sole discretion,
change, suspend or terminate, temporarily or permanently,
the website or any part of it or any of its features
at any time, for any reason, without any notice or
liability to you or any other person.
Dacon
Software Corporation and/or livecsrhost.com and/or
daconsoftware.com may at any time and for any
reason, with or without cause, and in its sole discretion,
immediately suspend or terminate (in whole or in part)
your permission to use the website and your user password,
all without any notice or liability to you or any
other person.
If
this Agreement or your permission to use the website
is terminated by you or Dacon Software Corporation
and/or livecsrhost.com and/or daconsoftware.com
for any reason, this Agreement will nevertheless continue
to apply and be binding upon you in respect of your
prior use of the website and your purchases of goods
and services through the website and anything connected
with, relating to or arising from those matters.
9.
INFORMATION SUBMISSIONS
All
information you provide through the website, including
registration information (name and email address),
payment information (credit card numbers and expiration
dates), and transaction-related information, must
be true, accurate, current and complete. You must
also provide Dacon Software Corporation and/or
livecsrhost.com and/or daconsoftware.com with
updated registration information and payment information
within 30 days of any changes.
Dacon
Software Corporation and/or livecsrhost.com and/or
daconsoftware.com will rely on the information
you provide. You will be solely responsible and liable
for any and all loss, damage, and additional costs
that you, Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com or any other person
may incur as a result of your submission of any false,
incorrect or incomplete information or your failure
to update your registration information and payment
information within 30 days of any change. Dacon
Software Corporation and/or livecsrhost.com and/or
daconsoftware.com may require a copy of a government-issued
form of identification before making any changes to
your registration information.
10.
OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The
website and all information (in text, graphical, video
and audio forms), images, icons, software, design,
applications and other elements available on or through
the website are the property of Dacon Software
Corporation and/or livecsrhost.com and/or daconsoftware.com
, its Providers and others, and are protected
by Canadian and international copyright, trade-mark,
and other laws. Your use of the website does not transfer
to you any ownership or other rights in the website
or its content. You may only use the website in the
manner described specifically in this Agreement.
The
website may not be used for any purpose not expressly
permitted by this Agreement. In particular, except
as expressly stated otherwise in this Agreement, the
website may not be copied, imitated, reproduced, republished,
uploaded, posted, transmitted, modified, indexed,
catalogued, or distributed in any way, in whole or
in part, without the express prior written consent
of Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com . You may not use any
of the software that is used in the operation of the
website except while you are use the website. You
may not reproduce, copy, duplicate, sell, or resell
any part of the website (including the software used
in the operation of the website) or access to the
website.
The
website is made available to you for your lawful use
only. You may access and browse the website using
commercially available, SSL-capable Web browser software.
You may print or download the pages of the website
for your personal use provided that you do not modify
any of the website pages or other content and you
do not remove or alter any visible or non-visible
identification, marks, notices, or disclaimers.
11.
PERSONAL INFORMATION PRIVACY
Dacon
Software Corporation and/or livecsrhost.com and/or
daconsoftware.com collects, uses, and discloses
your personal information in accordance with the Privacy
Policy, which is available here . Dacon Software
Corporation and/or livecsrhost.com and/or daconsoftware.com
may change the Privacy Policy from time to time
in its sole discretion. By accepting this Agreement,
and each time you use the website, you consent to
Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com 's collection, use and
disclosure of your personal information in accordance
with the Privacy Policy as it then exists without
any further notice or any liability to you or any
other person.
12.
TRADE-MARK INFORMATION
Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com , the daconsoftware.com
logo, the livecsrhost.com logo, are registered and
unregistered trade-marks and trade names owned by
Dacon Software Corporation and licensed to Dacon
Software Corporation and/or livecsrhost.com and/or
daconsoftware.com . Other product and company
names and logos appearing on the website may be registered
or unregistered trade-names, trade-marks and service-marks
of their respective owners.
Any
use of the trade-names, trade-marks, service-marks
and logos (collectively "Marks") displayed
on the website, except as expressly provided in this
Agreement, is strictly prohibited. Nothing appearing
on the website or elsewhere shall be construed as
granting, by implication, estoppel, or otherwise,
any licence or right to use any Marks displayed on
the website.
13.
OTHER SITES
The
website may include advertisements for, and links
to, other websites or resources and businesses operated
by other persons ("Other Sites"). Other
Sites are independent from Dacon Software Corporation
and/or livecsrhost.com and/or daconsoftware.com ,
and Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com has no responsibility
or liability for or control over Other Sites, their
business, goods, services, or content. Links to Other
Sites are provided solely for your convenience. Dacon
Software Corporation and/or livecsrhost.com and/or
daconsoftware.com does not sponsor or endorse
any Other Sites or their content or the goods or services
available through those other websites. Your use of
Other Sites and your dealings with the owners or operators
of Other Sites is at your own risk, and you shall
not make any claim against Dacon Software Corporation
and/or livecsrhost.com and/or daconsoftware.com
arising out of your use of any Other Sites or your
dealings with the owners or operators of any Other
Sites. As between you and Dacon Software Corporation
and/or livecsrhost.com and/or daconsoftware.com ,
the provisions of this Agreement under the section
headed Disclaimer, Liability Exclusion, Liability
Limitation, Release and Indemnity apply, with all
necessary modifications, to your access to and use
of any Other Sites and their business, goods, services,
and content.
14.
LINKING AND FRAMING THE WEBSITE
Links
to the website without the express written permission
of Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com are strictly prohibited.
To request permission to link to the website, please
contact webmaster@livecsrhost.com Dacon Software
Corporation and/or livecsrhost.com and/or daconsoftware.com
reserves the right to cancel and revoke any permission
it may give to link to the website at any time, for
any reason, without any notice, and without any liability
to you or any other person. The framing of the website
or any of its content in any form and by any method
is strictly prohibited.
15.
POSTINGS AND UNSOLICITED SUBMISSIONS
You
may not use technologies such as Gooey™ or Third
Voice™ in connection with your use of the website
or to post comments, communications, or any other
data of any kind to or on the website with the intention
that such postings may be viewed by other users of
the website.
Dacon
Software Corporation and/or livecsrhost.com and/or
daconsoftware.com does not accept or consider
unsolicited ideas, including ideas for new advertising
campaigns, new promotions, new or improved goods,
services or technologies, product enhancements, processes,
materials, marketing plans, or new product names.
The purpose of this policy is to avoid potential misunderstandings
or disputes. Accordingly, please do not send any unsolicited
ideas, suggestions or other materials ("Submissions")
to Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com or the website.
If
you send Submissions to Dacon Software Corporation
and/or livecsrhost.com and/or daconsoftware.com
or the website you automatically grant (or warrant
that the owner of the Submissions grants) to Dacon
Software Corporation and/or livecsrhost.com and/or
daconsoftware.com and its assigns a perpetual,
royalty-free, irrevocable, unrestricted, non-exclusive,
world-wide, assignable, sub-licensable, right and
license to use, copy, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute,
perform, display and otherwise exploit the Submissions
or any ideas, concepts, know-how or techniques associated
with the Submissions for any purpose whatsoever, commercial
or otherwise, using any form, media or technology
now known or later developed, without providing compensation
to you or any other person, without any liability
whatsoever, and free from any obligation of confidence
or other duties on the part of Dacon Software Corporation
and/or livecsrhost.com and/or daconsoftware.com
or its assigns, and you agree, represent and warrant
that all moral rights in the Submissions are waived
in favour of Dacon Software Corporation and/or
livecsrhost.com and/or daconsoftware.com and
its assigns.
16.
TRANSACTION AGREEMENTS
All
transactions through the website, including the purchase
and sale of goods and services and the licensing of
software, are governed by this Agreement and any applicable
Transaction Agreement. By participating in a transaction
through the website, you signify your agreement and
acceptance of the applicable Transaction Agreement.
17.
SOFTWARE AGREEMENTS
Dacon
Software Corporation and/or livecsrhost.com and/or
daconsoftware.com may cause software to be available
for you to download from the website or through other
websites, including websites operated by Providers.
The software is protected by copyright, and your downloading
and use of the software are governed by the applicable
Transaction Agreement and the Software Licence Agreement
specific to the software. By downloading software,
you signify your agreement and acceptance of the applicable
Transaction Agreement and Software Licence Agreement.
18.
CONTESTS
From
time to time Dacon Software Corporation and/or
livecsrhost.com and/or daconsoftware.com may
make contests available to users of the website and
others. All contests are governed by this Agreement
and the applicable Contest Rules. By participating
in a contest through the website, you signify your
agreement and acceptance of this Agreement and the
applicable Contest Rules.
19.
GOVERNING LAW AND DISPUTE RESOLUTION
The
website is controlled by Dacon Software Corporation
and/or livecsrhost.com and/or daconsoftware.com
from New Westminster, British Columbia. This Agreement,
your use of the website, and all related matters are
governed solely by the laws of the British Columbia,
Canada and applicable federal laws of Canada, excluding
any rules of private international law or the conflict
of laws which would lead to the application of any
other laws.
Any
dispute between Dacon Software Corporation and/or
livecsrhost.com and/or daconsoftware.com and
you or any other person arising from, connected with
or relating to the website, this Agreement or any
related matters must be resolved before the Courts
of British Columbia sitting in the City of Vancouver,
British Columbia, Canada, and you hereby irrevocably
submit and attorn to the original and exclusive jurisdiction
of those Courts in respect of any such dispute or
matter.
Any
claim or cause of action you may have arising from,
connected with, or relating to your use of the website,
this Agreement, or any related matters must be commenced
in a court of competent jurisdiction in the City of
Vancouver, British Columbia, Canada within six (6)
months after the claim or cause of action arises,
after which time the claim or cause of action is forever
barred, regardless of any statute or law to the contrary.
20.
OTHER MATTERS
If
any provision of this Agreement is found to be unlawful,
void, or for any reason unenforceable, then that provision
shall be deemed to be severed from the rest of this
Agreement and shall not affect the validity and enforceability
of any remaining provisions.
The
provisions of this Agreement will enure to the benefit
of and be binding upon each of Dacon Software Corporation
and/or livecsrhost.com and/or daconsoftware.com
and its Providers and each of their respective successors
and assigns and related persons, including without
limitation Dacon Software Corporation, and you and
your heirs, executors, administrators, successors,
permitted assigns, and personal representatives. You
may not assign this Agreement or your rights and obligations
under this Agreement without the express prior written
consent of Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com , which may be withheld
in Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com 's sole discretion. Dacon
Software Corporation and/or livecsrhost.com and/or
daconsoftware.com may assign this Agreement and
its rights and obligations under this agreement without
your consent.
No
waiver, express or implied, by either party of any
breach of or default under this Agreement will constitute
a continuing waiver of such breach or default or be
deemed to be a waiver of any preceding or subsequent
breach or default.
You
and Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com are independent contractors
and no agency, partnership, joint venture, employment
or franchise relationship is intended or created by
this Agreement or your use of the website.
The
parties have expressly requested and required that
this Agreement and all other related documents be
drawn up in the English language. Les parties conviennent
et exigent expressement que ce Contrat et tous les
documetns qui s'y rapportent soient rediges en anglais.
Any
rights not expressly granted by this Agreement are
reserved to Dacon Software Corporation and/or livecsrhost.com
and/or daconsoftware.com .
This
Agreement is subject to change without notice.
Client
Logon
