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These Terms were last amended as of July 20, 2005
Acceptance of the Terms of Use and any Amendments
This Terms of Use Agreement is a binding contract between you and NW Patent Funding Corporation ("NWPF"). It governs your use of this website and all products, services, content, tools and information available through the website. By using or accessing this website, you accept and agree to be bound by these Terms of use. If you do not agree with the terms and conditions of the Terms of Use Agreement, you are not granted permission to access or otherwise use this website. These Terms of Use are in addition to any other agreements between you and us, including any customer or account agreements that govern your use of NWPF's products, services, content, tools, and information referred to on this Site.
Your use of this Site is governed by the version of the Terms of Use in effect on the date this Site is accessed by you. We reserve the right to change this Site and the Terms of Use at any time, without notice. The date of any amendment will be shown in the Table of Contents. If you use the Site after the amended Terms of Use have been posted, you will be deemed to have agreed to the Terms of Use, as amended. This Site is provided as a service and for information purposes only by NWPF.
Authorized Use, Users and Online Account Access
Personal Use.
This Site is intended only for your personal, non-commercial use, unless
you and we have agreed otherwise in writing. No solicitations. Nothing on this Site shall be considered a solicitation to buy or an offer to sell, or a recommendation for, a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, recommendation, purchase or sale would be unlawful under the laws of that jurisdiction.
No investment recommendations or professional advice. This Site is not intended to provide any tax, legal, or investment advice, and nothing on the Site should be construed as a recommendation, by us or any of our affiliates, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. Unless otherwise specified, you alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
Prohibited Uses
Because all servers have limited capacity and are used by many people, you may not use the Site in any manner that could damage or overburden any NWPF server, or any network connected to any NWPF server. You may not use the Site in any manner that would interfere with any other party's use of the Site. You are prohibited from any use of the Site that would give rise to liability or otherwise violate any applicable laws or regulations or the Terms of Use. You may not publicly perform, publicly display, transmit, publish, participate in the sale or transfer of, modify, or create derivative works based on anything available through the Site, in whole or in part. You shall not store electronically any significant portion of any part of the Site. No reverse engineering, linking, framing, or modification of any part of this Site is allowed without our written approval. Any modification or unauthorized use is a violation of NWPF's copyrights and other proprietary rights.
Privacy, Personal Information Transmission, Unsolicited Communications and Usage Monitoring
Privacy Policy. Please see the Northwater Capital Management Inc. Privacy Policy which is applicable to all affiliates of Northwater Capital Management Inc., including NWPF, for a summary of the non-public personal information that we may collect and maintain, our policy regarding the use of that information; and the measures we take to safeguard the information. Personal Information Transmission. Your use of the Site may involve the transmission of information, including personally identifiable data, about you. You consent to the transmission of such information by electronic means through the Internet and represent that such consent shall be effective each time you use the Site.
Usage monitoring. We reserve the right, but do not have the obligation, to access, archive, or monitor any use of this Site, or your use of this Site, and your Communications. By using the Site, you accept our right to access, archive, or monitor usage to ensure service quality, or to evaluate the Site, the security of the Site, you accept our right to access, archive, or monitor usage to ensure service quality, or to evaluate the Site, the security of the site, compliance with these Terms of Use, or for any other reason. You agree that our monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which we monitor your Site usage and enforce, or fail to enforce, these Terms of Use. You further agree that in no event will NWPF, or any of its affiliates, be liable for any damages incurred by you as result of our usage monitoring.
Copyright, Trademark and other Intellectual Property Rights
You acknowledge that this Site is protected by applicable copyrights, trademarks, trade secrets, patents, proprietary rights owned by NWPF and other rights arising from other intellectual property laws, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now or developed in the future. Accordingly, you may not copy, distribute, modify, post or frame-code user interface design or logos, except as explicitly authorized below or by NWPF in writing.
Permitted Uses
NWPF grants you a non-exclusive, personal, non-transferable, non-sublicensable, limited and revocable right to access, use and display this Site on any computers or other electronic display device of which you are a user, for your personal and non-commercial use only (the "Permitted Uses"). You agree to use the Site only for lawful purposes, for the Permitted Uses. No other use of the Site is authorized unless you and we have agreed otherwise in writing.
You may print copies of the Site's Content, provided that these copies are made only for the Permitted Uses and that you include any notices and any legal information contained in the Site Content, such as all copyright notices, trademark legends, or other proprietary rights notices as well as all legal disclaimers furnished in the footnotes under "Legal Disclaimer" as shown on the screen or through a link. Linking to the Site is not permitted.
You
acknowledge and agree that this site is provided on an "as is" and "as
available" basis. None of NWPF's
directors, employees or agents, nor those of any of its affiliates
(collectively, the "NWPF Parties") guarantees the timeliness, accuracy,
reliability, completeness, or usefulness of any aspect of the site.
None of the NWPF parties warrant that this site or downloads will meet
your needs or expectations, or be uninterrupted, secure or error free or that
this site, its server or any files available for downloading through this site
are free of computer viruses or other harmful elements.
The NWPF parties have no responsibility
for viruses or any other damage that may be caused to you as a result of
using this site, periods of volatile or unusual market activity, in particular,
may affect systems availability or response time.
You
expressly agree that the entire risk as to the quality and performance of this
site and the timeliness, usefulness, accuracy or completeness of the site is
assumed solely by you. All of the
NWPF parties hereby specifically disclaim any representations, endorsements,
guarantees, or warranties, express or implied, regarding this site, including
without limitation, the implied warranties of merchantability and fitness for a
particular purpose and non-infringement of third-party rights.
Without limiting the generality of the foregoing, all of the NWPF
parties disclaim any warranties with respect to any results that may be
obtained from the use of this site.
Not Responsible for Third Party
Damages
NWPF
and its affiliates also disclaim responsibility for damages third parties may
cause to you through the use of this site, whether intentional or
unintentional. For example, you
understand that hackers could breach our security procedures, and that NWPF
will not be responsible for any related damages.
Cautions about Future or
"Forward-looking" Statements
Speculation
or stated beliefs about future events, such as market and economic conditions,
company or security performance or other projections are "forward-looking
statements". These forward-looking
statements represent the beliefs of the speaker/author and do not necessarily
represent the views of NWPF or any of its affiliates.
General business, market, economic and political conditions could cause
actual results to differ materially from what the speaker/author presently
anticipates or projects.
Internet email
We
discourage you from using e-mail for sending confidential or sensitive
information. If you send e-mail
(encrypted or not) to us over the internet, you are accepting the associated
risks of lack of confidentiality.
Limitation of Liability
Your
sole remedy for dissatisfaction with your use of our site is to stop using the
site. You agree that under no
circumstances will the NWPF parties be liable for any damages, whether direct,
indirect, incidental, consequential, special, punitive or exemplary damages
(collectively, the "Excluded Damages"), arising out of or in any way connected
with your use of or inability to use this site, including but not
limited to: loss of revenue, trading losses, anticipated profits, business,
savings, goodwill or data; any failure of performance, denial of service,
attack, interruption, defect, operator errors, inconvenience or delay in
operation or transmission or computer virus; failure of electronic or
mechanical equipment or communications lines (including telephone, cable and
internet); severe or extraordinary weather (including snowstorm, flood,
earthquake, or other act of god); fire, war, insurrection, terrorist act, riot,
labour dispute and other labour problems, accident, emergency or action of
government; or third party theft of, destruction of, unauthorized access to,
alteration or use of your information, equipment or property, even if the NWPF
parties have been advised of the possibility of or could have foreseen the
excluded damages. Further, the NWPF
parties will not be responsible for any failure to comply, by you or any third
party, with these terms or with applicable federal, provincial and local laws.
These
limitations of liability will apply regardless of:
(i) any negligence or gross negligence of any NWPF party or negligence
of any NWPF party or (ii) whether the liability sounds in negligence, strict
liability, contract, tort (including negligence) or any other theory of legal
liability; and will remain in effect even if any remedy fails of its essential
purpose.
Indemnification
As
a condition of your use of the Site, you agree to make the NWPF Parties and
their third party providers whole for any and all claims, losses, liabilities
and expenses (including but not limited to attorneys' fees) arising from any
use of the Site or your violation of these Terms of Use. Governing Law, Forum, Severability,
and Miscellaneous
Failure
by NWPF to enforce any provision(s) of these Terms of Use shall not be
construed as a waiver of any provision or right.
This Site is controlled and operated by NWPF from its offices within
If
any provision of these Terms of Use is deemed unlawful, void, or for any reason
unenforceable, the remaining provisions shall be enforced to the fullest extent
possible, and the remaining provisions shall remain in full force and effect.
You
shall comply with all laws, rules and regulations by any governmental authority
or agency which govern or apply to the operation and use of the Site.
Without limiting the foregoing, you agree to comply with such
restrictions and not to export or re-export any of the Sites to countries or
persons prohibited under the export control laws of
This Terms of Use Agreement is a binding contract between you and NW Patent Funding Corporation. It governs your use of this website and all products, services, content, tools and information available through the website. By using or accessing this website, you accept and agree to be bound by these Terms of use. If you do not agree with the terms and conditions of the Terms of Use Agreement, you are not granted permission to access or otherwise use this website.
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