Legal Disclaimer

OUR WEBSITES AND THE MATERIALS ON OUR WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACCELEWARE LTD. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ACCELEWARE LTD. DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR WEBSITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ACCELEWARE LTD. DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations of Liability; Indemnity

IN NO EVENT SHALL ACCELEWARE INC BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITES OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, OUR WEBSITES. You agree to defend, indemnify and hold harmless Acceleware Inc and its affiliates and their respective officers, directors, employees and agents from and against any liabilities, losses, costs, claims, expenses, damages, causes of action or demands, including without limitation reasonable legal and accounting fees, arising or resulting, or alleged by a third party to be arising or resulting from your use of any information or material from our websites or your breach of any of these Terms of Use. The provisions of this paragraph shall indefinitely survive the termination of this agreement.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Alberta, applicable to agreements made and entirely to be performed within such province, without resort to its conflict of law provisions. By accessing and/or placing orders under our websites, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use and by all applicable laws and regulations, including Canadian export control laws and regulations. Visitors who do not agree with these Terms of Use should not access or place orders through our websites. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the Province of Alberta located in Provincal or Federal Court and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Termination

Notwithstanding any of these Terms of Use, Acceleware Inc reserves the right, without notice and in its sole discretion, to terminate your license to use our websites, and to block or prevent future access to and use of our websites.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Miscellaneous

These Terms of Use apply exclusively to your access to, and use of, our websites and do not alter in any way the terms or conditions of any other agreement you may have with Acceleware Inc for products, services or otherwise. Acceleware Inc reserves the right to change any and all content contained on our websites at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Acceleware Ltd.