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Climaxconnection Terms of Use Agreement

THIS DOCUMENT CONTAINS IMPORTANT TERMS AND CONDITIONS WHICH AFFECT YOUR LEGAL RIGHTS AND REMEDIES. CLICKING THE "I ACCEPT AND AGREE" BUTTON AND/OR USING THIS WEBSITE CONSTITUTES ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS.

  1. User Conduct
    1. Your use of this Site is expressly conditioned on your acceptance of the following terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this Site. Use by you of this Site indicates your agreement to the following terms and conditions. These terms and conditions shall apply regardless of the means by which the Site was accessed, including, but not limited to, through the URL address climaxconnection.com, electronic mail or links from another site.
    2. The Site and its contents, including but not limited to articles, newsletters, graphical images, interactive applications, audio and video material, compilations of material, and the user interface (the "Content") are the property and copyrighted material of Climaxconnection Inc. ("Climaxconnection"), its licensors and vendors. "Content" also includes any material from the Site that Climaxconnection delivers to you through e-mail. You may display the Content and otherwise use the Site solely for your personal, non-commercial use. You may not modify, copy, distribute, forward, display, repost, reprint, sublicense, create derivative works from, transfer, link to, quote or sell any content except as expressly permitted by copyright laws or in this Agreement.
    3. "Climaxconnection", "Climaxconnection.com" and all other Climaxconnection logos, product names and trade names are trade marks or registered trade marks of Climaxconnection Inc. All trade marks used on the Site are the property of their respective owners. The Climaxconnection trade marks may be used only with the express permission of Climaxconnection.
  2. User Participation
    1. You may post material to message boards, forums and other interactive areas of the Site. However, you may not post any material that:
      1. is defamatory, libellous, obscene, indecent, abusive or threatening to others;
      2. infringes the copyright, trade mark or other right of any third party;
      3. uploads viruses or other contaminating or destructive features;
      4. is commercial in nature; or
      5. is in violation of any applicable laws or regulations.
    2. You are solely responsible for ensuring that any material you post complies with the foregoing conditions and you will indemnify Climaxconnection, its employees and agents from and against all claims, liabilities, judgments, damages and costs (including lawyer's fees) which arise out of materials you have posted on the Site. If Climaxconnection becomes aware of any material that it believes may violate the foregoing conditions, it may, at its sole discretion, modify or remove the material. You grant to Climaxconnection the right to copy, publish, distribute, modify, translate and otherwise use in any medium any material that you place on the Site by any means, without compensation to you.
    3. c) Your use of the Site is subject to the Climaxconnection Rules [http://www.climaxconnection.com/site-rules/], which Rules may be amended from time to time. You are responsible for regularly reviewing these Rules and your use of the Site following any such change constitutes your acceptance of such changes.
  3. Privacy

    4. For information on how user information is collected, used and disclosed by Climaxconnection, please consult our Privacy Policy [http://www.climaxconnection.com/privacy-policy.html].

  4. Purchase of Products
    1. You may have the opportunity to order or receive merchandise and services (collectively "Products") through the Site directly or through links on the Site. All Products (unless otherwise noted as owned or offered by Climaxconnection) are provided by third party vendors ("Vendors") pursuant to agreements, licences or other arrangements between that Vendor and you. All aspects of your transactions regarding the Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Vendor. Your rights and remedies with respect to such transactions shall be solely against the applicable Vendor and any questions, complaints or claims related to any Product should be directed to that Vendor.
    2. By using the Site, you acknowledge and agree that Climaxconnection and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Products ordered or received through this Site or through links on this Site or from any action or inaction of any Vendor.
  5. Membership
    1. If you chose to become a member of Climaxconnection, you acknowledge and agree that Climaxconnection reserves the right at any time to modify or discontinue, with or without notice to you the membership, and the Climaxconnection will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modification or discontinuance.
    2. All sales are final.
    3. Memberships are non-refundable and non-transferable.
    4. Memberships are personal to the member. The member may not sell, assign, or otherwise transfer or agree to transfer all or any portion of the membership without the prior written consent of Climaxconnection, which consent may be withheld in the absolute discretion of Climaxconnection.
    5. Membership is provided on an "AS IS" basis without representations, warranties or conditions of any kind, and you acknowledge and agree that Climaxconnection shall have no responsibility for, or liability in respect of any aspect of the use of the Site by you, including without limitation any lost, damaged or corrupted data or any acts or omissions of Climaxconnection.
    6. You acknowledge and agree that Climaxconnection, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account, membership, or your use of the Site, for any reason, including where Climaxconnection believes that you have violated any of the Terms of Use. You further agree that Climaxconnection shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with any terms, conditions, rules, policies, guidelines, or practices of Climaxconnection in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
  6. Monitoring

    7. You acknowledge that Climaxconnection has no obligation to monitor. However, you agree that Climaxconnection has the right to monitor electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate properly, or to protect itself or its users in accordance with its Privacy Policy.

  7. Intellectual Property Infringement Claims
    1. It is the policy of Climaxconnection to respond expeditiously to claims of intellectual property infringement. Climaxconnection will promptly process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws. On receipt of notices of violation, Climaxconnection will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Climaxconnection will terminate access for subscribers and account holders who are repeat infringers. Please direct any notices of claimed copyright infringement to support@climaxconnection.com
  8. Limitation of Liability and Disclaimers
    1. Any information, product or service provided through the Site is provided "as is" and without warranty or condition of any kind, and all express or implied warranties and conditions are excluded, including, without limitation, the warranties of merchantability and fitness for a particular purpose.
    2. Climaxconnection makes no representations or warranties as to the truth, accuracy or completeness of any statements, information or material contained on the site and neither represents nor warrants that any software downloaded from the Site or any link thereto will be error-free or virus-free.
    3. Climaxconnection will not be liable for any direct, indirect, special, incidental or consequential damage (including, without limitation, damages resulting from lost profits or revenue, loss of use of the Site or of any executable programs, delays in operation or transmission, communications line failure, undelivered e-mail or undelivered messages, loss of use of data or equipment, or other similar damages) arising out of the use or inability to use the Content or Site, even if Climaxconnection has been advised of the possibility of such damages.
    4. You understand that user-posted material expresses the views of that user and not the view of Climaxconnection, and that except as otherwise stated in this Agreement, Climaxconnection does not undertake to review, screen or approve user-posted material.
    5. The Site may contain links to other Websites that are owned and operated by third parties. You acknowledge that Climaxconnection is not responsible for the accuracy, content or availability of information accessed or linked to through the Site, nor does the inclusion of any such link imply endorsement by Climaxconnection of that Website.
  9. Indemnification

    10. You will indemnify and hold harmless Climaxconnection against any and all actions, costs, damages, and legal fees arising out of your use of the Climaxconnection Site, your breach of any of these terms or your infringement of any third party's intellectual rights.

  10. General
    1. Climaxconnection reserves the right to change this Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions and your use of the Site following any such change constitutes your acceptance of such changes. Climaxconnection reserves the right to change the Site at any time at its sole discretion without notice to users. Climaxconnection may deny access to the Site to anyone at any time.
    2. This Agreement shall include any additional terms, conditions, notices, policies or disclaimers provided by Climaxconnection, its licensors or vendors in specific areas of the Site. However, in the event of a conflict between such terms and this Agreement, the terms of this Agreement shall control.
    3. Unless otherwise specified, the materials on the Site are presented solely for the purpose of entertainment. This Site is controlled and operated by Climaxconnection from its offices within the Province of Ontario. Climaxconnection makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
    4. This Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, as it is applied to agreements entered into and to be performed entirely within such province. Any action you, any third party or Climaxconnection bring to enforce this Agreement or, in connection with, any matters related to this Site shall be brought only in the courts of the Province of Ontario and you expressly consent to the jurisdiction of said courts.
    5. These terms and conditions constitute the entire agreement between you and Climaxconnection and govern your use of the Site. Climaxconnection will not accept any counter-offers to these terms and conditions and all such offers are hereby categorically rejected. Climaxconnection's failure to insist on or enforce strict performance of these terms and conditions shall not be construed as a waiver by Climaxconnection of any provision or any right it has to enforce these terms and conditions, nor shall any course of conduct between Climaxconnection and you or any other party be deemed to modify any provision of these terms and conditions. These terms and conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.
    6. f. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability for any other remaining provisions.

      Use of this Site is subject to the Climaxconnection Terms of Use Agreement.