TERMS OF USE STATEMENT
Please read the following terms and conditions carefully
before using this site ("Site"). By using this Site, you
agree to follow and be bound by the following terms and
conditions concerning your use of the Site ("Terms of Use")
and our Privacy Statement. We may revise the Terms of Use at
any time without notice to you. You may not access or use
the Site should you not want to be bound by these Terms of
Use. The Terms of Use may be modified at any time, and any
such modification shall be effective immediately upon
posting of the modification. By your access and use of the
Site you agree to periodically review the Terms of Use and
shall be conclusively bound by any such future
modifications.
Areas of the Site may have different Terms of Use posted. If
there is a conflict between these Terms of Use and terms of
use posted for a specific area of the Site, the latter shall
have precedence with respect to your use of that area of the
Site.
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PRIVACY
Please review our Privacy Statement, which also governs your
visit to the Site.
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COPYRIGHT
Copyright 2006 BNS Lakeshore Developments Ltd. Lakeshore
Developments Ltd. All rights reserved.
All content included on this site, including, but not
limited to text, graphics, audio clips, logos, buttons,
images, digital downloads, data compilations, software, html
code, xml code, and icons, is property of BNS Lakeshore
Developments Ltd. and is licensed to BNS Lakeshore
Developments Ltd. for use (collectively, "BNS Lakeshore
Developments Ltd.") and protected by United States and
international copyright laws. The compilation of all content
on this Site is the exclusive property of BNS Lakeshore
Developments Ltd. and protected by U.S. and international
copyright laws. All software used on this Site is the
property of BNS Lakeshore Developments Ltd. or its software
suppliers and protected by Canada and international
copyright laws. Unless stated otherwise in the Terms of Use
applicable to this Site, use of any material appearing on
this Site is prohibited without the prior written consent of
BNS Lakeshore Developments Ltd.
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TRADEMARKS "BNS Lakeshore Developments Ltd.," the BNS
Lakeshore Developments Ltd. logo and other marks indicated
on the Site are registered trademarks or trademarks of BNS
Lakeshore Developments Ltd. in the Canada and worldwide.
Other BNS Lakeshore Developments Ltd. graphics, logos, page
headers and service names are trademarks or trade dress of
BNS Lakeshore Developments Ltd.. BNS Lakeshore Developments
Ltd.'s trademarks and trade dress may not be used in
connection with any product or service that is not BNS
Lakeshore Developments Ltd.'s, in any manner that is likely
to cause confusion among customers, or in any manner that
disparages or discredits BNS Lakeshore Developments Ltd..
Unless otherwise noted on the Site, all other trademarks,
service marks and logos used in this Site are the
trademarks, service marks or logos of their respective
owners.
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PASSWORDS AND SECURITY
You are solely responsible for maintaining the secrecy of
your passwords and/or any account information in connection
with the Site, and for restricting access to your computer.
You are fully responsible for all activities that occur
under your account or password, and you agree to notify BNS
Lakeshore Developments Ltd. immediately of any unauthorized
use of your passwords or accounts.
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ROHIBITED ACTS, MONITORING OF CONTENT AND TERMINATION
The Site may contain e-mail services, bulletin board
services, chat areas, news groups, forums, alerts,
communities, calendars, file cabinets and/or other message
or communication facilities designed to enable you to
communicate with others (collectively, "Communication
Services"). You agree to use the Site and Communication
Services only to post, send and receive messages and
material that are proper and, when applicable, related to
the Site or particular Communication Service. By way of
example, and not as a limitation, you agree that when using
the Site or Communication Services you will not:
upload, post, email, transmit or otherwise make available
any content that is unlawful, abusive, vulgar, harmful,
threatening, harassing, tortuous, defamatory, obscene,
libelous, invasive of another's privacy, or otherwise
objectionable; harm minors in any way; impersonate any
person or entity, including but not limited to a BNS
Lakeshore Developments Ltd. official or BNS Lakeshore
Developments Ltd. managing editor, or otherwise misrepresent
your affiliation with a person or entity; forge headers or
otherwise manipulate identifiers in order to disguise the
origin of any content transmitted through the Site or
Communication Services; upload, post, email, transmit or
otherwise make available any content that you do not have a
right to make available under any law or under contractual
or fiduciary relationships (such as inside information,
proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements); upload, post, email, transmit or
otherwise make available any content that infringes any
patent, trademark, trade secret, image or program, copyright
or other proprietary rights of any party; upload, post,
email, transmit or otherwise make available any unsolicited
or unauthorized advertising, charity requests, petitions for
signatures, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas that are designated for
such purpose; upload, post, email, transmit or otherwise
make available any material that contains software viruses
or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications
equipment; interfere with or disrupt the Site or
Communication Services or servers or networks connected to
the Site or Communication Services, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Site or Communication Services;
intentionally or unintentionally violate any applicable
local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force
of law; interfere in any way with other users of the Site or
Communication Services; post or transmit any message which
discloses private or personal matters concerning any person;
and post, list or transmit articles which are off topic
according to the description of the group affected
(collectively, the "Prohibited Acts"). You understand that
all Communications and all information, data, text, images,
software, icons, music, sound, photographs, graphics, video,
messages or other materials (collectively, "Content"),
whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content or
Communications originated. This means that you, and not BNS
Lakeshore Developments Ltd. , are entirely responsible for
all Content or Communications that you upload, forward,
post, email, transmit or otherwise make available via the
Site or Communication Services. BNS Lakeshore Developments
Ltd. does not control the Content or Communications posted
via the Site or Communication Services and, as such, does
not guarantee the accuracy, integrity or quality of such
Content or Communications. You understand that by using the
Site or Communication Services, you may be exposed to
Content or Communications that are offensive, indecent or
objectionable. BNS Lakeshore Developments Ltd. will not be
liable in any way for any Content or Communications,
including, but not limited to, any errors or omissions in
any Content or Communications, or for any loss or damage of
any kind incurred as a result of the use of any Content or
Communications posted, emailed, transmitted or otherwise
made available via the Site or Communication Services. Use
of, access to, or participation in any of the Communication
Services are also subject to these Terms of Use. Your
participation in on-line communications occurs in real time
and is not edited, censored, or otherwise controlled by BNS
Lakeshore Developments Ltd.. BNS Lakeshore Developments Ltd.
cannot and does not screen all Content or Communications
provided by users of the Site or Communication Services.
Nevertheless, BNS Lakeshore Developments Ltd. reserves the
right to monitor Content and Communications on the Site and
on the Communication Services, and reserves the right to
edit or remove Content or Communications which BNS Lakeshore
Developments Ltd. in its sole discretion determines to be
harmful, offensive, or otherwise in violation of these Terms
of Use or any other BNS Lakeshore Developments Ltd. policies
not expressly set forth here. BNS Lakeshore Developments
Ltd. further reserves the right to terminate your access to
the Site, the Communication Services and any accounts you
may have in connection with the Site or Communication
Services at any time and, without notice, for any reason
whatsoever. You agree that BNS Lakeshore Developments Ltd.
shall not be liable to you or any third party for any
termination of your access to the Site, the Communication
Services or any accounts you may have in connection with the
Site or Communication Services. BNS Lakeshore Developments
Ltd. reserves the right at all times to disclose any
information as BNS Lakeshore Developments Ltd. deems
necessary to enforce the foregoing Terms of Use or any other
BNS Lakeshore Developments Ltd. policies, to satisfy any
applicable law, regulation, legal process or governmental
request, and to respond to claims that the Site or
Communication Services violate the rights of third parties.
You understand that the technical processing and
transmission of the Content may involve: transmission over
various networks; and changes to conform and adapt to
technical requirements of connecting networks or devices.
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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY YOU
EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE OR
COMMUNICATION SERVICES IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. BNS Lakeshore Developments Ltd. EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. BNS Lakeshore Developments
Ltd. MAKES NO WARRANTY THAT: THE SITE OR THE COMMUNICATION
SERVICES WILL MEET YOUR REQUIREMENTS; THE SITE OR THE
COMMUNICATION SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR FREE OF VIRUSES, ERRORS OR OTHER HARMFUL
COMPONENTS, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SITE OR COMMUNICATION SERVICES WILL BE ACCURATE OR
RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE OR COMMUNICATION SERVICES WILL MEET YOUR
EXPECTATIONS, AND ANY ERRORS ON THE SITE OR COMMUNICATION
SERVICES WILL BE CORRECTED. ANY CONTENT DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE
COMMUNICATION SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION,
WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM BNS
Lakeshore Developments Ltd., FROM A BNS Lakeshore
Developments Ltd. EMPLOYEE OR AGENT, OR THROUGH OR FROM THE
SITE OR COMMUNICATION SERVICES, SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THIS TERMS OF USE. BNS Lakeshore
Developments Ltd. WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF BNS Lakeshore Developments Ltd. HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: THE USE OR
THE INABILITY TO USE THE SITE OR COMMUNICATION SERVICES, THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SITE OR COMMUNICATION
SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SITE OR COMMUNICATION SERVICES, OR ANY OTHER
MATTER RELATING TO THE SITE OR COMMUNICATION SERVICES.
LINKS, THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND
SERVICES.
The Site and Communication Services provide links to Web
sites and access to content, services, and products from
third parties, including users, advertisers, affiliates and
sponsors of the Site. You agree that BNS Lakeshore
Developments Ltd. is not responsible for the availability
of, and content provided on, third party Web sites. You
should refer to the policies posted by other Web sites
regarding privacy and other topics before you use them. You
agree that BNS Lakeshore Developments Ltd. is not
responsible for third party content accessible through the
Site or Communication Services, including opinions, advice,
statements and advertisements, and you understand that you
bear all risks associated with the use of such content. If
you choose to purchase any products or services from a third
party, or if you purchase any products or services where BNS
Lakeshore Developments Ltd. acts as the reseller of a third
party's products or services, your relationship is directly
with the third party. You agree that BNS Lakeshore
Developments Ltd. is not responsible for: (1) the quality of
third party products or services, and (2) fulfilling any of
the terms of your agreement with the seller, including
delivery of products or services and warranty obligations
related to purchased products or services. You agree that
BNS Lakeshore Developments Ltd. is not responsible for any
loss or damage of any sort you may incur from dealing with
any third party.
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INFORMATION CONCERNING FINANCIAL MATTERS
If you intend to create or join any service, receive or
request any news, messages, alerts, updates or other
information from the Site or Communication Services
concerning companies, stock quotes, investments or
securities, you should take particular care to review the
foregoing sections on Disclaimer of Warranties and
Limitation of Liability. Such services are for informational
purposes only, and no such information or Content is
intended for trading or investing purposes. BNS Lakeshore
Developments Ltd. will not be responsible or liable for the
accuracy, usefulness or availability of any information
transmitted or made available through the Site or
Communication Services, and shall not be responsible or
liable for any trading or investment decisions made based on
such information.
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INTERNATIONAL USE
Because of the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and
acceptable content, including all laws, rules, codes and
regulations of the country in which you reside. In addition,
you agree to comply with all laws regarding the transmission
of technical data exported from the United States or the
country in which you reside.
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APPLICABLE LAW
By visiting the Site or using one of the Communication
Services, you agree that the laws of the Commonwealth of
Pennsylvania, without regard to principles of conflict of
laws, will govern these Terms of Use and any dispute of any
sort that might arise between you and BNS Lakeshore
Developments Ltd. or its affiliates.
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DISPUTES
Any dispute relating in any way to your visit to the Site,
to products or services you purchase through the Site, or
that relate in any way to use of one of the Communication
Services, shall be submitted to confidential arbitration in
Philadelphia, Pennsylvania, except that, to the extent you
have in any manner violated or threatened to violate BNS
Lakeshore Developments Ltd.'s intellectual property rights,
BNS Lakeshore Developments Ltd. may seek injunctive relief
or other appropriate relief in any state or federal court in
the Commonwealth of Pennsylvania, and you consent to
exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration
pursuant to these Terms of Use shall be joined to an
arbitration involving any other party subject to the Terms
of Use, whether through class arbitration proceedings or
otherwise.
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INDEMNITY
You agree to defend, indemnify and hold harmless BNS
Lakeshore Developments Ltd., its officers, directors,
employees and agents from and against any and all claims,
liabilities, damages, losses or expenses, including
attorney's fees and costs, arising out of or in any way
connected with your access to or use of the Site or
Communication Services.
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NOTE ABOUT CHILDREN
Minors are not eligible to use the Site or Communication
Services, and we ask that they do not submit any personal
information to us.
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CHANGE, DISCONTINUANCE OF THE SITE AND SEVERABILITY BNS
Lakeshore Developments Ltd. reserves the right to make
changes to the Site and Communication Services (including
permanent or temporary discontinuance of the Site or
Communication Services), its policies, and these Terms of
Use at any time. You agree that BNS Lakeshore Developments
Ltd. shall not be liable to you or any third party for any
such change, amendment, modification, suspension or
discontinuance. Any and all portions of the Terms of Use
shall automatically apply to all improvements,
modifications, changes and/or amendments as they appear on
the Site or Communication Services. If any of these Terms of
Use shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and
shall not affect the validity and enforceability of any
remaining condition. The failure of BNS Lakeshore
Developments Ltd. to exercise or enforce any right or
provision of the Terms of Use shall not constitute a waiver
of such right or provision. |
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