Terms & Conditions of Use
The use of and access to the information provided on this site by its creators is subject to the terms and conditions set out in the agreement to use this website. Please review these Legal Terms and Conditions prior to proceeding further on this website.
Copyright © 2009 The text, images, graphics, sound files, animation files, video files and their arrangement on the Bauschke & Associates Ltd. site are all subject to Copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites.
Welcome to the Website (the “Site”) of Bauschke & Associates Ltd., (“we” or “Bauschke”). Bauschke owns and operates the Site to provide information and online services to its users (the “Service”). The following is a legal agreement (“Agreement”) between Bauschke and you (the “User”). By accessing or using the site you acknowledge that you have read, understood, and agree to be bound by this Agreement.
Please read this Agreement carefully because the terms are binding upon you. If you are a regular user of the Site, please check this Agreement for updates. It governs your use of the Site and Service. We may also post additional Terms and Conditions that apply to specific Site areas. These area-specific Terms and Conditions are incorporated into the Agreement. We may change this Agreement at any time by posting the amended Agreement on the Site. Certain provisions of these Terms may be superseded by expressly designated legal notices or Terms located on particular pages at this Site. Please read this Policy carefully and be aware that we may change it at any time. As a result, we suggest you check back regularly to this page to be apprised of any updates or changes. You may print out from the Site copies of pages of content from the Site for your own personal or business use, provided you do not publish, copy, or otherwise re-transmit what you have printed out from the Site – see Copyright below for full details.
Eligibility
This Site is intended for use only by adults. You must be at least 18 years of age and possess the legal authority to form legally binding contracts under applicable law to use the Service. No Unlawful or Prohibited Use
You agree not to use the Service for any purpose that is unlawful or prohibited by this Agreement. You agree not to post or submit on this Site, any material that:
a. infringes or may infringe on anyone else’s copyright, trade
secret, trademark, or other intellectual property rights;
b. violates or may violate others’ privacy or publicity rights;
c. is obscene, defamatory, threatening, harassing, abusive, hateful,
or embarrassing to another party;
d. impersonates another person; or
e. breaches any obligations of confidentiality or any other contractual
obligation you may owe to any third parties.
You further agree not to submit any materials that contain viruses, trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information. You may not try to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy pages of this Site or the content contained on it without our expressed prior written permission.
We may (but need not) monitor, edit, or remove any content from this Site that violates this Agreement.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE PROVIDE SERVICE “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED, IMPLIED, OR STATUTORY, AS TO THE APPLICABILITY OF THE SERVICE; THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIALS INCLUDED IN THIS SERVICE; OR OTHERWISE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT:
a. THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE,
b. THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED
BY YOU THROUGH THE SERVICE, OR
c. THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
YOU AGREE THAT BAUSCHKE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE. YOU AGREE THAT BAUSCHKE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
BAUSCHKE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU DOWNLOAD ANY MATERIAL THROUGH THE USE OF THE SERVICE 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 ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BAUSCHKE OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Use of e-mail
To the extent that this Web site contains email, you agree to use such only to send messages and material that are proper and related to the particular forum. You agree (as available) to send and receive electronic mail and otherwise use this Web site only as permitted by these Terms and Conditions, any additional policies or procedures published in this Web site from time to time by Bauschke, and applicable law. You acknowledge that emails and any other such communications hosted by this Web site are public and not private communications.
Bauschke reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice. Bauschke reserves the right to edit any notices for clarity and length.
On-Line Systems
Any online system that is made available on this Web site ("the System") is the copyrighted work of Bauschke and/or its suppliers. Use of the System is governed by the Terms and Conditions of the applicable end user Licensing Agreement, if any, which accompanies or is included with the System ("Licensing Agreement"). End users shall not have access to, or use of, any System offered by Bauschke that is accompanied by or includes a Licensing Agreement, unless the end user first agrees to the Licensing Agreement Terms and Conditions.
For any System not accompanied by a Licensing Agreement, the following shall constitute the Licensing Agreement: Bauschke and/or its suppliers hereby grant to the User a personal, non-transferable license to use the System for viewing and otherwise using this Web site in accordance with these Terms and Conditions, and for no other purpose.
Please note that all Systems, including without limitation all HTML code and Active X controls contained in this Web site, are owned by Bauschke and/or its suppliers and are protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Systems is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SYSTEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SYSTEMS ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSING AGREEMENT.
Limitation of Liability
BAUSCHKE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BAUSCHKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RESULTING FROM OR IN ANY WAY CONNECTED WITH:
a. THE USE OR THE INABILITY TO USE, ANY DELAY IN, OR THE PERFORMANCE OF THE SERVICE;
b. THE COST OF PROCURING SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION,
OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM, THE SERVICE;
c. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
d. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
e. ANY OTHER MATTER RELATING TO THE SERVICE OR THIS AGREEMENT, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTAIL DAMAGES. ACCORDINGLY SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR OF THIS AGREEMENT, YOUR EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE.
Termination
You agree that Bauschke, in its sole discretion and without notice, may terminate your access to or use of the Service or any portion thereof, and remove and discard any content within the Service, at any time and for any reason, including, without limitation, if Bauschke believes that you have violated or acted inconsistently with this Agreement. Bauschke may prohibit or restrict access to the Service to anyone at any time, with or without cause. Bauschke may also in its sole discretion and at any time discontinue providing the Service, or any part of it, temporarily or permanently. Bauschke will make reasonable commercial efforts to provide notice of any such discontinuation to you. You agree that Bauschke shall not be liable to you or any third party for any termination of your access to the Service or for any modification, suspension, or discontinuation of the Service.
Hypertext Links
This site may contain links to other sites. The policies at other sites, which are owned and operated by third parties, may be different from this policy. Those third party sites’ policies will govern the use of information you provide to them. Bauschke makes no representations whatsoever about any other Web site that you may access through this one. Links imply neither that Bauschke is affiliated with or otherwise endorses any third parties nor that it is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of Bauschke.
Copyright
International copyright laws and treaties protect this Site and its content. You agree to comply with all copyright laws in your use of this Site and to prevent any unauthorized copying of this Site and its contents. The copyright in all material provided on this Site is held by Bauschke or by the original creator of the material.
You may print out from the Site copies of pages of content from the Site for your own personal or business use, provided you do not publish, copy, or otherwise re-transmit what you have printed out from the Site. Beyond this limited permission to print content, you may not copy, reproduce, distribute, republish, download, display, post, or transmit any Site content or system in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of Bauschke or the copyright owner. You may not “mirror” or “frame” any material contained on this Site or on any other Bauschke server without Bauschke expressed prior written permission. Except as expressly provided in this Agreement, Bauschke does not grant any expressed or implied right to you under any patents, trademarks, copyrights, or other similar rights.
Trademarks
The Bauschke name, the Bauschke logo, and other trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Bauschke, or an affiliate of Bauschke. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without our express prior written permission. Bauschke prohibits the use of the Bauschke name, any of its registered domain names and any of its other trademarks as part of a link to or from any site unless approved in advance by Bauschke in writing. You may not use any metatags or any other hidden text utilizing any Bauschke domains, Bauschke, or other Trademarks without our expressed prior written consent.
Indemnification
You hereby agree to indemnify, defend, and hold harmless Bauschke and its officers, directors, shareholders, agents, subsidiaries, affiliates, customers, suppliers, service providers, and employees from and against all claims, demands, and damages (including actual and consequential), of every kind and nature whether known or unknown arising out of or relating to:
a. your use of, the Service or this Site in violation of this Agreement;
b. any other breach of this Agreement by you; or
c. your violation of any law or the rights of a third party.
Severability
If any provision of this Agreement is declared invalid or unenforceable, such provision shall be struck from the Agreement and the remaining provisions shall be given full force and effect.
International Users
This Site is controlled, operated, and administered by Bauschke from its offices within Canada. Access to the Site from territories where the Site’s contents are illegal is prohibited. If you access this Site from locations outside of Canada, you are responsible for compliance with all local laws.
By accessing and using this Site you agree to this Agreement.
