1. INTELLECTUAL PROPERTY
a. Third Party Links
Hypertext links to third party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Rutherford of the third party, the third-party web site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that Rutherford is not responsible for the availability of any such web sites and that Rutherford does not endorse or warrant, and is not responsible or liable for, any such web site or the content thereon.
b. Downloading Files
Downloading of files cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. The entire risk as to the quality and performance of the Site and the Service and the accuracy of the Content is solely and exclusively with you.
c. International Use
Rutherford makes no representation that the Service or Content is applicable or appropriate for use in locations outside of Canada. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
3. DISCLAIMER OF WARRANTIES YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT PROVIDED BY THE SITE OR THE SERVICE. RUTHERFORD MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. RUTHERFORD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENT. RUTHERFORD DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. RUTHERFORD DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
5. INDEMNIFICATION: You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Rutherford, its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
7. USER CONDUCT: You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.
8. USER SUPPLIED INFORMATION: If you supply any information or material to Rutherford or others via the Site, you guarantee to Rutherford that you have the legal right to supply, post, or store such information or material and that doing so will not violate any law or the rights of any person or entity. You also agree to abide by any additional rules regarding posting of user content, such as the type of content allowed in various areas of the Site.
9. TERMINATION: Rutherford reserves the right to terminate your use of the Site at any time for any reason. Rutherford may discontinue the Site or any portion of the Site at any time for any reason.
10. GENERAL PROVISIONS
a. Claims of Copyright Infringement: Notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent.
b. Correction of Errors and Inaccuracies: The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Rutherford therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Rutherford does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
d. Entire Agreement/No Waiver: This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by Rutherford of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
© Copyright 2015. Rutherford International. All rights reserved.