TERMS AND CONDITIONS
The following terms and conditions govern your use of the FICANEX SERVICES LIMITED PARTNERSHIP (“FICANEX”) web site (the “Site”). By using the Site you agree to follow and be bound by these terms and conditions. These terms and conditions are subject to change without notice and consequently should be reviewed each time you access the Site. We strongly recommend that you take the time to read through the following terms and conditions.
Unless otherwise stated, this Site and everything you see on it, including, but not limited to, all information, illustrations, designs, icons, data, text, files, images, and other written materials (collectively, the “Contents”), are intellectual property owned, controlled or licensed by FICANEX®. You may use some or all of the Contents of our Site for personal, non-commercial use provided that you do not modify the Contents and provided you retain all copyrights and other proprietary notices contained in the Contents. You may download or copy the Contents and other downloadable materials displayed on the Site for your own personal, non-commercial use only. You agree that you will not receive any interest in any downloaded information or software by downloading or copying it. You may not reproduce (except as provided above), publish, transmit, distribute, display, modify, create derivative works from, sell (whether directly or indirectly), or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.
The Site may contain links to other web sites. These links are provided for your convenience only and are independent from our Site. We do not make any representations or warranties regarding these links or the contents of the web sites to which they link. Linked web sites will likely have their own terms and conditions which we recommend that you review before using such sites.
Accuracy, Changes and Monitoring
FICANEX® uses its reasonable efforts to ensure that the Contents are accurate when placed for display on the Site. FICANEX® may at any time and from time to time change the Contents of the Site without prior notice. FICANEX® is under no obligation to monitor this Site or the Contents and assumes no responsibility or liability for Contents changed without our consent.
Use of Information
You agree not to use any information on this Site or linked to this Site in any claims, actions, proceedings or suits against FICANEX®, its limited partners, general partner, suppliers, affiliates, associates and related companies.
Disclosure of Misuse
If you are aware of any use of this Site, its Contents or related software in contravention of the terms and conditions herein provided, you are required to give notice to FICANEX® of such misuse.
The site and all contents of this site are provided to you on an “as is” basis without representations or warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, or of fitness for a particular purpose, warranties of non-infringementof intellectual property rights, compatibility of hardware and software or absence of virueses. Your use of the site is at your own risk.
All products and services of FICANEX®, including membership in THE EXCHANGE®, are subject to the terms of applicable agreements.
FICANEX® assumes no responsibility or liability for any damages to or viruses that may affect your computer equipment or other property in connection with your access to and/or use of this Site or your downloading any of the Contents of this Site.
The trademarks, logos, service marks and other names and icons identifying services and products displayed on this Site are registered and unregistered trademarks of FICANEX , or are licensed for use by FICANEX®. In particular, THE EXCHANGE® and related design and colour marks and ACCEL® and related design and colour marks are licensed for use by FICANEX® from Fiserv EFT.
You agree to indemnify and hold FICANEX®, its limited partners, general partner, suppliers, affiliates, associates and related companies harmless from and against any and all manner of suits, proceedings, damages, claims, demands, costs, expenses, judgments and liabilities of whatsoever kind arising from your use of the Site, its Contents and related software.
Our failure to insist upon or enforce strict performance of any provision of these terms and conditions will not be construed as a waiver of any provision or rights contained in these terms and conditions. Furthermore, the waiver by us of any breach by you of any provision of these terms and conditions will not operate or be construed as a waiver of any subsequent breach of that provision or any other provision.
These terms and conditions will be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein. Any dispute arising under these terms and conditions shall be resolved exclusively by the courts of the Province of British Columbia.
We will maintain the confidentiality of personal information that you provide to us and use it only for internal purposes. We will not sell your personal information to third parties.