1. ACCEPTANCE OF TERMS
Active comprised of the internet sites activexhaust.com and ritecat.com provides the information and services on the Sites to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use applicable to such Sites.
Before using Active Sites, please carefully read this agreement relating to your use of Active Sites. By using Active Sites, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use Active Sites.
Active reserves the right, at Active’s sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes. Your continued use of the Active Sites following the posting of changes to these Terms will mean that you accept those changes.
Use of Active Sites constitutes full acceptance of and agreement to the Terms; if a user does not accept Active’s Terms, he or she is not granted rights to use Active Sites as defined herein, and should refrain from accessing Active Sites.
Active reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all Active Sites (or any part thereof). Active shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USE
By using Active Sites, you warrant to Active that you will not use Active Sites, or any of the content obtained from Active Sites, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Active Sites automatically terminates.
3. DESCRIPTION OF SERVICES
The Active Sites are owned and operated by Active for the purpose of providing information on Active, its products and services (the “Purpose”).
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, “Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user and not Active, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the Active Sites. No user shall transmit Content or otherwise conduct or participate in any activities on Active Sites that, in the judgment of Active is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.
Active reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. Under no circumstances will Active be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via Active Sites.
Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
5. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE Active SITES:
Use, reproduction, modification, and other intellectual property rights to data stored on the Active Sites will be subject to licensing arrangements that may be approved by Active as applicable to such Content.
Content located on any Active-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the appropriate license applicable to such Content, or to such other licensing arrangements as may be approved by Active as applicable to such Content.
6. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of the Active Sites, use of the Active Sites, or access to the Active Sites.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
Active may establish general practices and limits concerning use of the Active Sites. While Active will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Active has no responsibility or liability for the deletion or failure to store any data.
Active may terminate a user’s access in Active’s absolute discretion and for any reason. Active’s especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of an Active Site in a manner inconsistent with the Purpose; (4) a user’s request for such termination; or (5) as required by law, regulation, court or governing agency order.
Active’s termination of any user’s access to any or all Active Sites may be effected without notice.
Active, any Active Site or a third party may provide links to other websites. Active exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. Active shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
The Active Sites’ Privacy Statement is applicable only when you are on an Active Site. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.
10. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless Active, and affiliates and their respective officers, employees and agents, and each of Active’s website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Active Sites; or his or her violation of the Terms.
11. TRADEMARK INFORMATION
Active, the Active logo and other Active trademarks including [RiteCat, RiteFlo] service marks, and product and service names are Active trademarks or registered trademarks in Canada, United States and in other countries (the “Active Marks”). All other names and designs may be trademarks of their respective owners. Users may display or use the Active Marks only with the specific approval of Active
12. GENERAL INFORMATION
The Terms constitute the entire agreement between each user and Active and govern each user’s use of Active Sites, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and Active shall be governed by the laws of the Province of Ontario, Canada without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within Ontario, Canada. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Please report any violations of the Terms including for claims of intellectual property infringement to Active to: firstname.lastname@example.org
Last modified: January 2009