Legal

General

By visiting, using or accessing www.chaordix.com (the “Website”), you are indicating that you have the legal authority to accept the terms and conditions of this Terms of Use statement (the “Terms of Use”) and you have agreed to be bound by them. This Website may include inaccuracies or typographical errors. Chaordix Inc. (“Chaordix”) and the third parties that provide content on this Website may make improvements and/or changes in the products, services, and programs, described in this Website at any time without notice. It is your responsibility to check the Terms of Use for any changes that are periodically made to the Website.

These Terms of Use represent the entire understanding of you and Chaordix relating to your use of the Website, and shall prevail over any prior or contemporaneous, conflicting or additional, communications. Any action related to this Website will be governed by Alberta law and any federal laws applicable therein. No choice of law rules of any jurisdiction will apply. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Chaordix’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Use of Software

Any software that is made available to you to download from the Website (the “Software”) is the property of Chaordix and/or third parties. Your use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software (the “License Agreement”). You agree not to install any Software that is accompanied by or includes a License Agreement, unless you first agree to the terms of use of such License Agreement.

THE SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, YOU AGREE TO BEAR THE RISK OF USING THE SOFTWARE. CHAORDIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SOFTWARE AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Trademarks

Certain names, words, titles, phrases, logos, designs, graphics, icons and trade-marks displayed on the Website may constitute registered or unregistered trade-marks of Chaordix or third parties. The display of such trade-marks on the Website does not imply that a license of any kind has been granted. Unless otherwise specified, downloading, retransmission or other copying or modification of any trade-marks displayed on the Website constitutes a violation of federal or common law and is prohibited. If you wish to reproduce any of the trade-marks displayed on this Website please contact Chaordix (see details below).

Links to Third Party Sites

This Website may contain links to other websites for informational purposes and such links are not intended to suggest any affiliation with Chaordix unless expressly stated. The reliability, availability and performance of these other websites is beyond Chaordix’s control, and Chaordix makes no representations or warranties with respect to such websites. Chaordix provides these links to you only as a convenience, and the inclusion of any link to such websites does not imply endorsement by Chaordix of those websites. You expressly relieve Chaordix from any and all liability arising from your use of any such websites. Chaordix reserves the right to terminate any link or linking program at any time.

Disclaimer of Warranty

UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS ON THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS. YOU BEAR THE RISK OF USING SUCH MATERIALS AND CHAORDIX, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHAORDIX (AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER AS A RESULT OF YOU USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS ON THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHAORDIX IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE. YOU AGREE TO INDEMNIFY AND HOLD CHAORDIX (AND EACH OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OR DEMANDS ARISING OUT OF (I) YOUR USE OF THE MATERIALS ON THE WEBSITE (INCLUDING BUT NOT LIMITED TO, CLAIMS FOR REASONABLE LEGAL FEES ON A SOLICITOR AND HIS OWN CLIENT BASIS, LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS), (II) YOUR VIOLATION OF APPLICABLE LAWS, OR (III) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PERSON OR ENTITY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE YOUR USE OF THE WEBSITE.

Copyright

Except where otherwise specified, the contents of this Website are owned or controlled by Chaordix or its licensors, and the Website is protected by copyright as a collective work or compilation, pursuant to Canadian copyright laws, international conventions and other copyright laws. Unless otherwise specified, any reproduction, modification, distribution redistribution, publication, transmission, transfer, sale, performance, display or exploitation of the Website, whether in whole or in part, constitutes a violation of federal or common law and is prohibited.

© 2005-2012 Chaordix Inc., Suite 313, 1240 – 20 Avenue SE, Calgary, Alberta, Canada All rights reserved.

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