The following terms and conditions (the "Terms and Conditions") govern your access to and use of this web site (the "Site"). By accessing and using the Site, you accept and agree to be bound by and comply with these Terms and Conditions. If you do not accept and agree to be bound by these Terms and Conditions, please do not access or use the Site.
Changes to these Terms and Conditions
Global Delivery Network Inc. ("Global Delivery Network") reserves the right to change these Terms and Conditions at any time without notice. Your continued access to or use of the Site after any changes to these Terms and Conditions indicates your acceptance of such changes. It is your responsibility to review these Terms and Conditions regularly.
Changes to the Content of the Site
Global Delivery Network reserves the right to change any information, material or content contained on the Site (the "Content") at any time, and from time to time, without notice.
Other Terms and Conditions
These Terms and Conditions must be read by you together with any other terms, conditions or disclaimers contained on the Site. In the event of any conflict between these Terms and Conditions and any other terms, conditions or disclaimers contained on the Site, the latter will govern. The products and services of Global Delivery Network and its subsidiaries and affiliates are subject to other terms and conditions governing their use. (For example, see Global Delivery Network Terms and Conditions of Service.)
Ownership
All Content, including (without limitation) all designs, graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Site, are owned or licensed by Global Delivery Network and are protected by copyright, trade-mark and other intellectual property laws and treaty provision laws.
No Unlawful or Prohibited Use
You agree that you will not, without Global Delivery Network's prior written permission, use the Site and the Content for purposes other than your own personal, non-commercial use and benefit. You also agree that you will not, without Global Delivery Network's prior written permission, frame the Site or the Content or any part thereof on any commercial or non-commercial internet web site. You acquire absolutely no rights or licences to the Site or the Content, other than the limited right to use the Site and the Content in accordance with these Terms and Conditions. You agree that you will not use the Site for any purpose that is unlawful. Except as expressly provided in these Terms and Conditions, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Site or the Content, in whole or in part, and any decompilation, disassembly, reverse engineering or other exploitation of the Site, without Global Delivery Network's prior written permission, is strictly prohibited.
Restrictions on Access and Use
Global Delivery Network reserves the right to restrict or prevent your access to or use of the Site if your access or use is deemed by Global Delivery Network, in its sole and absolute discretion, to be detrimental in any respect to the operation of the Site or the access or use of the Site by anyone else. For greater certainty, you agree to cease and desist from any such detrimental access or use immediately upon request by Global Delivery Network.
Third Party Sites
The Site may provide links to third party web sites. Global Delivery Network does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Global Delivery Network's control, and if you choose to access any such web site, you do so entirely at your own risk.
Viruses
The downloading of Content is done at your own risk. Global Delivery Network cannot and does not guarantee or warrant that the Site or the Content are compatible with your computer system(s) or that the Site or the Content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system(s), and you are responsible for the entire cost of any service, repairs or connections of and to your computer(s) system that may be necessary as a result of your use of the Site.
Communications Not Confidential
Global Delivery Network does not guarantee the confidentiality of any communications made by you via e-mail or otherwise through the Site.
Disclaimer and Limitation of Liability
THE SITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SITE OR THE CONTENT IS AT YOUR OWN RISK. GLOBAL DELIVERY NETWORK DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE OR THE CONTENT. GLOBAL DELIVERY NETWORK DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR THE CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, GLOBAL DELIVERY NETWORK DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL GLOBAL DELIVERY NETWORK BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT GLOBAL DELIVERY NETWORK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT.
Geographic Application of the Site
Not all of the products and services described on the Site are available in all jurisdictions. Furthermore, nothing on the Site constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.
Governing Law
These Terms and Conditions are governed by the laws of the Province of Ontario and the applicable laws of Canada. These laws apply to your access to or use of the Site or the Content, notwithstanding your domicile, residency or physical location. The Site and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.
Entire Agreement, Waiver and Severability
These Terms and Conditions constitute the entire agreement between Global Delivery Network and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Global Delivery Network with respect to the Site. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Global Delivery Network's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provisions or right.
If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.
