Terms of Use — Enurgen

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright, trademark law, and other intellectual property laws.

2. Content

The Website, the Services, and their contents may only be used in accordance with the terms of these Terms and Conditions of Use. All materials displayed or performed on the Website or in the Services, including but not limited to text, graphics, plots, data, articles, photographs, images, and illustrations (also known as the "Enurgen Content") are protected by copyright, trademark, and other intellectual property laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Enurgen Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purposes whatsoever any Enurgen Content or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

You may download or copy the Enurgen Content (and other items displayed on the Website or Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Enurgen Content. You shall not store any significant portion of any Enurgen Content in any form. Copying or storing of any Enurgen Content other than personal, noncommercial use is expressly prohibited without prior written permission from Enurgen or from the copyright holder identified in such Enurgen Content's copyright notice. If you link to the Website, Enurgen may revoke your right to so link at any time, at Enurgen's sole discretion.

Any comments or other feedback you provide to Enurgen through the site or otherwise is provided by you on a voluntary basis. Enurgen will be free to use such comments and feedback as it sees fit and without any obligation to you.

3. Fees and Payment

Enurgen reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. Enurgen reserves the right to change its price list and to set new charges at any time. Customers who have signed up to previous prices will be notified of any price changes prior to being charged, and will not be charged unless new prices are accepted and agreed to by the customer. Any fees paid hereunder are non-refundable.

4. Disclaimer

The materials on Enurgen's web site ("Enurgen Content") are provided "as is" and "as available". Enurgen makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights nor that the site will function without errors or interruptions. Further, Enurgen does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Enurgen Contents or otherwise relating to the Contents or on any sites linked to this site.

5. Limitations

In no event shall Enurgen nor its licensors nor suppliers be liable for any damages (including, without limitation, indirect, incidental, special or consequential or punitive damages or for loss of goodwill, data, profit or revenues, or due to business interruption) arising out of the use of or inability to use the Contents or the Services Content, despite any theory of liability, including without limitation based on warranty, contract or statute even if Enurgen or an Enurgen authorized representative has been notified orally or in writing of the possibility of such damage. In no event shall Enurgen's aggregate liability hereunder exceed the greater of the amount you paid to use the Content or the Services or CAD$500.00. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Restrictions

You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You will not copy, decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

7. Indemnity

You hereby agree to indemnify, defend and hold Enurgen harmless from and against any and all demands. causes of action, claims, damages, liabilities, costs and expenses, including without limitation attorney's fees and legal expenses, whether in contract, tort or otherwise, arising out of or related to any materials you create generated by the Services, or your breach of any warranty, obligation or representation set forth herein.

8. Revisions and Errata

The Contents could include technical, typographical, or photographic errors. Enurgen does not warrant that any of the Contents are accurate, complete, or current. Enurgen may make changes to the Contents at any time without notice. Enurgen does not, however, make any commitment to update the Contents.

9. Links

Enurgen has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Enurgen of the site. Use of any such linked web site is at the user's own risk.

10. Site Terms of Use Modifications

Enurgen may revise these Terms and Conditions of Use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

11. Governing Law

Any claim relating to Enurgen's web site shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions.