Last Updated: May 15, 2004
If you do not
agree to the Terms of Use, discontinue using the site immediately!
By using this site, you signify your Assent and Agreement to these
Terms of Use. If you do not agree to these Terms of Use, do not use
the site.
Restrictions on Use of Materials
Materials in this website are Copyrighted and all rights are reserved.
Text, graphics, databases, HTML code, and other intellectual property
are protected by Canadian and International Copyright Laws, and may
not be copied, reprinted, published, reengineered, translated, hosted,
or otherwise distributed by any means without explicit permission. All
of the trademarks on this site are trademarks of Colossus Marketing or
of other owners used with their permission.
Database Ownership, License, and Use
Colossus marketing warrants, and you accept, www.NewfoundlandDogCare.com
is the owner of the copyright of the Databases of Links to articles
and resources available from time to time through Colossus marketing
and its contributors reserve all rights and no intellectual property
rights are conferred by this agreement.
Colossus Marketing grants you a non-exclusive, non-transferable
license to use database(s) accessible to you subject to these Terms
and Conditions. The database(s) may be used only for viewing
information or for extracting information to the extent described
below.
You agree to use information obtained from Colossus Marketing
databases only for your own private use or the internal purposes of
your home or business, provided that is not the selling or broking of
information, and in no event cause or permit to be published, printed,
downloaded, transmitted, distributed, reengineered, or reproduced in
any form any part of the databases (whether directly or in condensed,
selective or tabulated form) whether for resale, republishing,
redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download or print
out individual pages of information that have been individually
selected, to meet a specific, identifiable need for information which
is for your personal use only, or is for use in your business only
internally, on a confidential basis. You may make such limited number
of duplicates of any output, both in machine-readable or hard copy
form, as may be reasonable for these purposes only. Nothing herein
shall authorize you to create any database, directory or hard copy
publication of or from the databases, whether for internal or external
distribution or use.
Liability
The materials in this site are provided "as is" and without
warranties of any kind either express or implied. Colossus marketing
disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose. Colossus Marketing does not warrant that the
functions contained in the materials will be uninterrupted or
error-free, that defects will be corrected, or that this site or the
server that makes it available are free of viruses or other harmful
components. Colossus Marketing does not warrant or make any
representations regarding the use or the results of the use of the
materials in this site in terms of their correctness, accuracy,
reliability, or otherwise. You (and not Colossus Marketing assume the
entire cost of all necessary servicing, repair or correction.
Applicable law may not allow the exclusion of implied warranties, so
the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence,
shall Colossus Marketing be liable for any special or consequential
damages that result from the use of, or the inability to use, the
materials in this site, even if Colossus Marketing or an Applicable
law may not allow the limitation or exclusion of liability or
incidental or consequential damages, so the above limitation or
exclusion may not apply to you. In no event shall Colossus Marketing's
total liability to you for all damages, losses, and causes of action
(whether in contract, tort, including but not limited to, negligence
or otherwise) exceed the amount paid by you, if any, for accessing
this site.
Facts and information at this website are believed to be accurate at
the time they were placed on the website. Changes may be made at any
time without prior notice. All data provided on this website is to be
used for information purposes only. The information contained on this
website and pages within, is not intended to provide specific legal,
financial or tax advice, or any other advice, whatsoever, for any
individual or company and should not be relied upon in that regard.
The services described on this website are only offered in
jurisdictions where they may be legally offered. Information provided
in our website is not all-inclusive, and is limited to information
that is made available to Colossus Marketing and such information
should not be relied upon as all-inclusive or accurate.
Links and Marks
The owner of this site is not necessarily affiliated with sites that
may be linked to this site and is not responsible for their content.
The linked sites are for your convenience only and you access them at
your own risk. Links to other websites or references to products,
services or publications other than those of Colossus Marketing and www.NewfoundlandDogCare.com
and its subsidiaries and affiliates at this website, do not imply the
endorsement or approval of such websites, products, services or
publications by Colossus Marketing or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or
phrases at this website may constitute trade names, trademarks or
service marks of Colossus marketing or of other entities. The display
of trademarks on this website does not imply that a license of any
kind has been granted. Any unauthorized downloading, re-transmission,
or other copying of modification of trademarks and/or the contents
herein may be a violation of federal common law trademark and/or
copyright laws and could subject the copier to legal action.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber
Code, username, user ID, or password which you may have received from
Colossus Marketing, and all information to which you have access
through password-protected areas of Colossus Marketing websites and
will not cause or permit any such information to be communicated,
copied or otherwise divulged to any other person whatsoever.
Other Legal Stuff
These Terms of Use will apply to every access to Colossus Marketing
and www.NewfoundlandDogCare.com. Colossus marketing reserves the right to
issue revisions to these Terms of Use by publishing a revised version
of this document on this site: that version will then apply to all use
by you following the date of publication. Each access of information
from Colossus Marketing and www.NewfoundlandDogCare.com will be a
separate, discrete transaction based on the then prevailing terms.
This Terms of Use and the license granted may not be assigned or
sublet by You without Colossus Marketing's written consent in advance.
These Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the Newfoundland, as it is applied to
agreements entered into and to be performed entirely within such
jurisdiction.
To the extent you have in any manner violated or threatened to violate
Colossus Marketing and/or its affiliates' intellectual property
rights, Colossus Marketing and/or its affiliates may seek injunctive
or other appropriate relief in any state or federal court in the
Province of Newfoundland, and you consent to exclusive jurisdiction
and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the
following location: St. John's Province of Newfoundland. Any costs and
fees other than attorney fees associated with the mediation will be
shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding
arbitration at the following location: St. John's, Province of
Newfoundland, under the rules of the Canadian Arbitration Association.
Judgment upon the award rendered by the arbitration may be entered in
any court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable in whole
or in part, the remaining provisions of this Agreement shall not be
affected thereby.
Termination
These Terms of Use agreement are effective until terminated by either
party. You may terminate this agreement at any time by destroying all
materials obtained from any and all Colossus Marketing site(s) and all
related documentation and all copies and installations thereof,
whether made under the terms of this agreement or otherwise. This
agreement will terminate immediately without notice at Colossus
Marketing's sole discretion, should you fail to comply with any term
or provision of this agreement. Upon termination, you must destroy all
materials obtained from this site and any and all other Colossus
Marketing's site(s) and all copies thereof, whether made under the
terms of this agreement or otherwise.
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