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Terms and Conditions
1. Use
of this Website. This website is owned and
operated by Kempcorp Sales Dynamics Inc. for your
personal non-commercial use and information. Your
use of this website is subject to the following
terms and all applicable laws. By accessing and
browsing this website, you accept, without limitation
or qualification, these terms. If you do not agree
with any of the terms, please do not use this
website. Material on this website may not be copied,
reproduced, republished, uploaded, posted, transmitted,
posted, distributed or modified in whole or in
part, whether in text, graphical, audio, video
or executable form, except with written permission
of Kempcorp Sales Dynamics Inc. You are responsible
to ensure that your access to this website and
material available on or through it are legal
in each jurisdiction in or through which you access
or view the site or such material.
2. Exclusion of Warranties.
Kempcorp Sales Dynamics Inc. makes no representation
or warranty regarding the functionality or condition
of this website, its suitability for use, or that
its use will be uninterrupted or error-free. ALL
MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED
TO YOU "AS IS" WITHOUT WARRANTIES OF
ANY KIND. Kempcorp Sales Dynamics Inc. AND ITS
LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS,
WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. The information and materials on this
website are not intended to provide specific technical,
financial, tax, legal, business, accounting or
other advice for your individual circumstances,
and you should consult your own professional advisors
to determine how any information or materials
provided on this website apply to your individual
circumstances. These exclusions are in addition
to any specific exclusions otherwise provided
in these terms and conditions. To the extent the
jurisdiction to which you are subject does not
allow exclusion of certain warranties, such exclusions
which are not permitted do not apply.
3. Limitation Of Liability.
Kempcorp Sales Dynamics Inc. OR ITS LICENSORS
WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES FOR USE OR INABILITY
TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND,
DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS
OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL,
WHETHER BASED IN CONTRACT OR IN TORT OR OTHER
LIABILITY TO PROVIDE INDEMNIFICATION OR ANY OTHER
REMEDY. THIS LIMITATION APPLIES WHETHER OR NOT
Kempcorp Sales Dynamics Inc. HAS BEEN ADVISED
OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF Kempcorp Sales Dynamics
Inc. AND ITS LICENSORS FOR DAMAGES UNDER OR RELATED
IN ANY WAY TO THESE TERMS AND CONDITIONS, WHETHER
FOR A SINGLE OCCURRENCE OR SERIES OF OCCURRENCES,
WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO Kempcorp
Sales Dynamics Inc. PURSUANT TO THESE TERMS AND
CONDITIONS. This limitation on monetary damages
will not apply to claims relating to death or
personal injury which arise out of products deemed
to be consumer goods under applicable law. Your
sole and exclusive remedy is to discontinue using
and accessing this website. To the extent the
jurisdiction to which you are subject does not
allow certain other limitations, such limitations
which are not permitted do not apply.
4. Ownership and Confidentiality.
Material on this website, including but not limited
to text, images, illustrations, software, audio
clips and video clips, is owned or otherwise provided
by Kempcorp Sales Dynamics Inc., and Kempcorp
Sales Dynamics Inc. does not represent or warrant
that such material does not infringe the rights
of any other person or entity. You acknowledge
that information or material which you provide
electronically through your access to or usage
of this website is not confidential or proprietary
and acknowledge that unprotected e-mail communication
over the Internet is subject to possible interception,
alteration or loss. You also acknowledge that
any information or materials which you provide
electronically through your access to or usage
of this website does not infringe the rights of
any person or entity, and may be used in whole
or in part in any manner by Kempcorp Sales Dynamics
Inc. including, but not limited to, reproduction,
retransmission, publication of such information
or material or ideas, concepts or other know-how
contained therein for the commercial purposes
of Kempcorp Sales Dynamics Inc. or disclosure
of your identity. Trademarks, logos and service
marks (collectively, "Marks") displayed
on this website are registered or unregistered
Marks of Kempcorp Sales Dynamics Inc. or others,
are the property of their respective owners, and
may not be used without written permission of
the applicable owner of such Marks. Any information
or material contained on this website which may
be reproduced pursuant to these terms must bear
the proprietary rights notices which originally
appear on or in conjunction with such information
or material.
5. Monitoring. Kempcorp
Sales Dynamics Inc. may monitor access to, discussions
and postings on and other activities relating
to the site, and intervene in relation thereto
but does not make any representation or warranty
that it will do so. You consent to any such monitoring
and intervention in the event Kempcorp Sales Dynamics
Inc. elects to do so.
6. Links. Links and references
to other websites are provided to you as a convenience
only. Kempcorp Sales Dynamics Inc. has not reviewed
and does not expressly or impliedly endorse other
websites or any information or material, or the
accessibility thereof, via such links, and does
not assume any responsibility for any such other
websites, information or material posted thereon,
or products or services offered thereon. You may
not create links from other websites to this website,
except if expressly permitted by Kempcorp Sales
Dynamics Inc. (to obtain permission, contact
our webmaster.
7. Bulletin Boards, Blogs and
Chat Areas. This website may include bulletin
boards, blogs and chat areas which allow feedback
to Kempcorp Sales Dynamics Inc. and users, and
real-time interaction between users. Kempcorp
Sales Dynamics Inc. does not control the messages,
information or files delivered to Bulletin Boards,
Blogs or Chat Areas, unless otherwise noted therein.
However Kempcorp Sales Dynamics Inc. reserves
the right at all times to monitor, edit, refuse
to post or to remove any information or materials,
in whole or in part, that in Kempcorp Sales Dynamics
Inc.'s sole discretion are objectionable or in
violation of any of the terms contained herein,
and to deny any user access to the website. Users
accessing the Bulletin Boards, Blogs or Chat Areas
agree not to:
a) restrict or inhibit any other
user from using and enjoying the Bulletin Boards,
Blogs or Chat Areas;
b) post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane or indecent information
of any kind,or any blatant expression of bigotry,
racism, hatred or harassment, including without
limitation any transmission constituting or encouraging
conduct that would constitute a criminal offence,
give rise to civil liability or otherwise violate
any local, provincial, federal or foreign law;
c) post or transmit or in any
way exploit any information, software or material
for commercial purposes or which contains solicitations
for sales or purchases, advertising, promotion
or marketing; or
8. Software. Any software
available for downloading through this website
is provided by third party software vendors pursuant
to license agreements or other arrangements between
such vendors and end-users. Kempcorp Sales Dynamics
Inc. does not sell, resell, or license or sub-license
any such software, and Kempcorp Sales Dynamics
Inc. disclaims any responsibility or liability
related to the software. Any questions, complaints
or claims related to the software should be directed
to the appropriate vendor. Your are solely responsible
for adequate protection and backup of the data
and equipment used in connection with any of the
software downloaded through this website. [In
the event of any express inconsistency between
these terms and those contained in any license
agreement with a software vendor, the terms contained
in the license agreement shall prevail.]
9. Accuracy of Information.
While Kempcorp Sales Dynamics Inc. may update
the information or materials on this website from
time to time, no assurance is given that information
or material on this website is up-to-date, accurate,
error-free or complete.
10. Viruses, etc. Kempcorp
Sales Dynamics Inc. does not represent or warrant
that the information or materials, including without
limitation any downloadable software, accessed
from or through this website will be uninterrupted
or free of errors, defects, viruses or other harmful
components, or that any such problems which are
discovered will be corrected.
11. Damage to Others. You
agree not to introduce into or through this website
any information or materials which may be harmful
to others. Among other things, you agree not to
knowingly or otherwise include any error or defect
in material or information which may, among other
things, be a libel, slander, obscenity, or promote
hatred or otherwise give rise to a criminal offense
or civil liability on the part of any person or
entity.
12. Reserve of Rights.
All rights not expressly granted in these terms
are reserved to Kempcorp Sales Dynamics Inc..
Nothing contained in these terms shall be construed
as conferring by implication, estoppel or otherwise
any license or right under any copyright, patent,
trademark or other intellectual right of Kempcorp
Sales Dynamics Inc. or any other person or entity.
13. Governing Law. This
site is controlled and operated by Kempcorp Sales
Dynamics Inc. from Carleton Place, Ontario Canada
and these terms shall be governed by the laws
of Ontario and the applicable laws of Canada without
reference to principles of conflict of laws. You
agree to be bound by such laws and to submit to
the jurisdiction of the courts of the Province
of Ontario in connection with the interpretation
or application of these terms.
14. Changes to Terms. Kempcorp
Sales Dynamics Inc. may modify, alter or otherwise
update the terms applicable to this website from
time to time without notice, and you agree to
be bound by such terms as are in effect at the
applicable time at which you access the Kempcorp
Sales Dynamics Inc. website.
15. Jurisdiction. This
website is controlled and operated by Kempcorp
Sales Dynamics Inc. from Ottawa, Ontario. Kempcorp
Sales Dynamics Inc. makes no representation that
materials on the website are appropriate or available
for use in other locations. Those who choose to
access this website from other locations do so
on their own initiative and are responsible for
compliance with local laws, if and to the extent
local laws are applicable.
16. Survival. These
terms and conditions apply while you are accessing
the website and remain in effect thereafter, subject
to section 14. In the event this website is no
longer accessible to you, the provisions as set
out in section 2, 3 and 4 of these terms and conditions
shall survive thereafter.
Privacy Policy
1. Our Commitment.
Our organization is committed to protecting the
privacy of the personal information of its employees,
members, customers and other stakeholders. We
value the trust of those we deal with, and of
the public, and recognize that maintaining this
trust requires that we be transparent and accountable
in how we treat the information that you choose
to share
with us. During the course of our various projects
and activities, we frequently gather and use
personal information. Anyone from whom we collect
such information should expect that
it will be carefully protected and that any use
of or other dealing with this information is
subject to consent. Our privacy practices are
designed to achieve this.
2. Defining Personal
Information. Personal information is any information
that can be used to distinguish, identify or contact
a specific individual. This information can include
an individual's opinions or beliefs, as well as
facts about, or related to, the individual.
Exceptions:
- Business contact information
and certain publicly available information,
such as names,
addresses and telephone numbers as published
in telephone directories, are not
considered personal information.
- Where an individual uses
his or her home contact information as business
contact
information as well, we consider that the contact
information provided is business
contact information, and is not therefore subject
to protection as personal information.
3. Use of Information.The
information we collect helps us to maintain our
contact/client files and mailing lists,track business
trends, and program usage and service ratings
in order to evaluate and improve our service offering.
The information also helps to ensure that we can
advise individuals of news and upcoming events
that may be of interest to them. In addition,
we may use our contact/client lists to generate
a sample for our a survey where we contact past
clients to participate in an optional, anonymous
survey about business trends and services used.
We also gather information, such as credit card
information, that is required for registering
and paying for courses, seminars or events. Individual
personal information is never disclosed, shared
with a third party or used for any purposes
other than described above.
4. Privacy Practices.Personal
information gathered by our organization is kept
in confidence. Our personnel are authorized to
access personal information based only on their
need to deal with the information for the reason(s)
for which it was obtained. We collect, use and
disclose personal information only for purposes
that a reasonable person would consider appropriate
in light of the circumstances. We routinely offer
individuals we deal with the opportunity to opt
not to have their information shared for purposes
beyond those for which it was explicitly collected.
5. Updating of Privacy
Policy. We regularly review our privacy practices
for our various activities, and update our policy.
6. Contact Information.Questions,
concerns or complaints relating to our privacy
policy on the treatment of personal information
should be e-mailed
to us.
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