EDWARDS LAND WEBSITE TERMS OF USE

These terms of use ("Terms of Use") apply to your access to, and use, of the web site of Edwards Land located at www.edwardsland.ca (the "Site"). 

Terms of Use last updated on February 26, 2010
By accessing, browsing, using, and/or downloading information, data, text, or images, or other materials from this Site (the "Materials"), or by sending messages, information, resumes, data, text, or images, or other materials to the Site ("Content"), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms of Use for each use and each visit of this Site.  If you do not agree to all of these Terms of Use, do not use the Site.

Changes to Terms of Use
Edwards Land has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms of Use, in whole or in part, at any time. Changes will be effective when a notice of such change is posted at this Site.  Please check these Terms of Use frequently for updates by checking the date of "Last Update" at the top of this page. If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site after any such changes are posted will constitute acceptance of those changes.

Changes to this Site
Edwards Land may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features, at any time without notice or liability; (ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials on or from this Site; or (iv) imposing limits on certain features and Services or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. Edwards Land has the right, in its sole discretion, but not the duty, to correct any errors or omissions in any portion of this Site at any time without notice.

Licensed Use and Restrictions
Subject to these Terms of Use, Edwards Land grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Materials thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly:

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content and Materials.

Proprietary Rights
The Site, including all pages and all code related to thereto, is the property of Edwards Land.  Except as expressly provided herein, Edwards Land does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of Edwards Land.
All copyrighted and copyrightable material on this Site, including, without limitation, the Site design, Materials, illustrations, designs, graphics, pictures, sound files and other files, and the selection and arrangements ("Site Materials") thereof, that appear herein are ALL RIGHTS RESERVED © 2008 Edwards Land and/or its third party providers, suppliers and licensors.  Except as stated herein, none of the Site Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted 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 Edwards Land or the respective copyright owner.  You may not, without the permission of Edwards Land or the respective copyright owner, (a) copy, publish, or post any Site Materials on any computer network or broadcast or publications media, (b) modify the Site Materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the Site Materials.

Trademarks
All trademarks, service marks, trade dress, logos and trade names used and displayed on this Site are either owned by Edwards Land and/or its third party providers, suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Edwards Land or its third party providers, suppliers or licensors.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Edwards Land, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Edwards Land.

Disclaimers
You acknowledge that any use of or reliance on this Site, the Services or any Materials shall be at your sole risk. Edwards Land makes no representation, warranty or condition of any kind regarding the Site, the Services and/or the Materials, including with respect to the information provided by third parties, all of which are provided on an "AS IS" basis. EDWARDS LAND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. EDWARDS LAND DOES NOT WARRANT THAT THE SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.  
Edwards Land assumes no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, including, data, text, and images from this Site.

Limitation of Liability
YOU AGREE THAT EDWARDS LAND AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION (i) DIRECT DAMAGES, (ii) INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, AND (iii) punitive, exemplary OR aggravated damages, ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE SERVICES, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF EDWARDS LAND, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
The limitations of liability and disclaimers in these Terms of Use apply regardless of the form of action, whether for breach of or repudiation of contract, warranty, strict liability, negligence or other tort, or any other legal or equitable theory, and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

Indemnity
You agree to defend, indemnify and hold harmless each of Edwards Land, its affiliates, all third parties mentioned in the Site and each of their officers, directors, employees and agents, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site, the Services and the Materials or your breach of these Terms of Use.

Choice of Law and Jurisdiction
This Site is controlled, operated and administered by Edwards Land from its offices within Alberta, Canada. Edwards Land makes no representation, warranty or condition that this Site, the Services, the Content or the Materials are appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations. These Terms of Use shall be interpreted, construed and governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without reference to conflict of laws principles. 
Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information and subject to Section 15, the parties irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts of Alberta and all appellate courts therefrom with respect to any legal action or proceeding which may be brought at any time relating in any way to these Terms of Use.

General
(a) Except as expressly provided in additional terms of use for areas of the Site, a particular legal notice, or an additional Agreement, these Terms of Use constitute the entire agreement between Edwards Land and you with respect to the subject matter hereof.  (b) Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises. (c) If for any reason a court of competent jurisdiction or arbitrator finds any provision of these Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. (d) The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. (e) The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default. (f) No changes to these Terms of Use shall be made except by a revised posting at the Site.  (g)  The headings and captions of sections and paragraphs contained in these Terms of Use are all inserted for convenience of reference only and are not to be considered when interpreting these Terms of Use.