Terms of Use
This Policy is effective as of April 1, 2007.
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY
THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THE PURE KNOW HOW WEBSITE AND OUR SERVICES, INCLUDING E-COMMUNICATION NEWSLETTER. IF YOU DO NOT AGREE WITH THESE TERMS PLEASE DO NOT USE THE SITE OR SUBSCRIBE TO OUR NEWSLETTER.
1. Introduction
Welcome to the "Pure Know How" web site. This web site, and the information, content and services it makes available, is provided to you by Pure Know How Inc., an Ottawa, Ontario, Canada company. These Terms of Use (this "Agreement") sets forth the terms and conditions governing your use of this Web Site. By accessing or using this Web Site and subscribing to the e-communication newsletter you accept and agree to be legally bound by this Agreement and our Privacy Policy, as they may be amended or supplemented from time to time. These Terms of Use represent an agreement between you and Pure Know How Inc.
2. Modifications to this Agreement
Pure Know How may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Web Site, and specifying the effective date of the new version of the Agreement. Your continued use of the Web Site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Therefore, whenever you visit this Web Site you should check to see if a new version of the Agreement has been posted.
3. Contact Information
If you have any questions or concerns with respect to this Agreement, the Web Site or newsletter you may contact a representative of Pure Know How by e-mail at info@pureknowhow.com.
4. Web Site Intended Audience
This Web Site is directed to adults in Canada and the United States and is not intended for children under the age of 13.
5. Privacy
The information that we obtain through your use of the Web Site, whether collected through the registration process, submitted by you in posts to the Web Site, or otherwise, is subject to our Privacy Policy. Our Privacy Policy addresses our collection and use of personal information and anonymous data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Web Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, you must not use the Web Site or subscribe to the newsletter.
6. Your Use of Content and Information - Disclaimer with Respect to Content
A variety of information, advice, recommendations, letters, messages, comments, graphics, photographs, data, and other materials ("Content") are available on the Web Site. While Pure Know How strives to keep the Content that it posts on the Web Site accurate, complete, and up-to-date, Pure Know How cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Pure Know How or its suppliers.
THE CONTENT AVAILABLE VIA THE WEB SITE AND NEWSLETTER IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER PURE KNOW HOW NOR ITS SUPPLIERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.
SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.
YOUR USE OF THE WEB SITE AND NEWSLETTER IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS IN THIS AGREEMENT AND THAT MAY APPEAR THROUGHOUT THE WEB SITE.
7. Ownership and Intellectual Property Rights
Pure Know How owns this Web Site. All right to, title to, and interest in the Content available via the Web Site, the Web Site's look and feel, the designs, trademarks, service marks, and trade names displayed on the Web Site, and the Web Site URLs, are the property of Pure Know How, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
License to Use Content
Pure Know How grants you a non-exclusive, non-transferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Web Site only for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Web Site in any other manner or for any other purpose without the prior written permission of Pure Know How. All rights not expressly granted in this Agreement are expressly reserved to Pure Know How.
Trademark Notices
Pure Know How, its parent, affiliates, or other third parties whether registered or unregistered, own all trademarks, service marks, logos and designs used on this Web Site. You may not use or display any trademarks, service marks, logos or designs owned by Pure Know How, its parent, or affiliates without our prior written consent.
8. Your Contact with Advertisers or Other Third Parties
Your dealings with advertisers or other third parties found on or accessible through the Web Site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings.
Pure Know How does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that Pure Know How will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.
9. Promotions
From time to time, Pure Know How may offer, either on or through the Site, contests and/or promotions. You agree to release to Pure Know How and its agents, advertisers, sponsors and/or promotional partners, from all liability arising from participation in any Promotion located on, or accessed through the Site or through the e-mail newsletter. You agree to be bound by the rules of any Promotion. If you violate any such rules or guidelines for behaviour posted on the Site, you will be subject to immediate disqualification and will become ineligible to be awarded any prizes. Pure Know How reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time without prior notification.
10. Other Web Sites Links to Other Web sites
The Web Site, or third parties on the Web Site, may provide links to other sites and/or resources, including advertisers, over which Pure Know How has no control. These links are provided solely as a convenience to Users and are not an endorsement by Pure Know How of content, items, or services on those third-party Web sites. You access and use such sites, including the content, services and products on those sites, solely at your own risk. Pure Know How makes no representations or warranties with respect to the content, personal information collection practices, ownership, or legality of any such linked Web sites. You agree that Pure Know How has no responsibility or liability for the availability of such external sites or resources, or for the Content, advertising, products, or other materials available through such sites or resources.
11. Disclaimer of Warranties With Respect to Web Site
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PURE KNOW HOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
PURE KNOW HOW DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. PURE KNOW HOW MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEB SITE IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
12. Limitations of Liability
PURE KNOW HOW AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.
ADDITIONALLY, IN NO EVENT WILL PURE KNOW HOW OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT PURE KNOW HOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
13. Indemnification
By using the Pure Know How web site and becoming a subscriber you agree to indemnify and hold harmless Pure Know How, its parent, directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Web Site.
14. Cancellation
If you would like to cease receiving any communications from Pure Know How, you may click on the unsubscribe button on the website homepage or any e-communication and follow the instructions to remove your email from the subscriber list. Pure Know How can, at its sole discretion, cancel or suspend your subscription in whole or in part for any reason, including, without limitation, the non-compliance with these Conditions of Use.
15. Modification or Suspension of the Web Site
Pure Know How may at any time modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you.
16. Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
17. Applicable Law
The laws of the province of Ontario and the laws of Canada shall govern these Terms of Use as well as any use of the Site.
18. Entire Agreement
These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Pure Know How regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Pure Know How regarding your use of the Site.
