RESTRICTIONS ON USE OF MATERIALS
The Site is owned and operated by Stephenson’s Rental Services Inc., and/or its related, associated, affiliated, successor, parent and subsidiary entities (collectively, “Stephenson’s”). Unless otherwise indicated the contents including without limitation, all logos, texts, graphics, images, [soundtracks, videos], and the collection, organization, arrangement and assembly of the contents of this Site are the property of Stephenson’s and are protected, without limitation, pursuant to Canadian, U.S. and foreign intellectual property, including copyright, trademark and other laws and regulations. No material from this Site, either in whole or in part, may be copied, reproduced, republished, uploaded, posted, transmitted, archived, modified, sold or distributed in any way, without Stephenson’s prior written consent except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Stephenson’s copyright, trademark, and trade secret rights and others’ proprietary rights. The use of any such material on any other Web Site or networked computer environment for any purpose is prohibited.
In the event you download software from the Site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the “Software”) are non-exclusively licensed to you by Stephenson’s. Stephenson’s does not transfer title in and to the Software to you. As between you and Stephenson’s, Stephenson’s retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
ACCEPTABLE SITE USE
Web Site Security Rules.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or (c) attempting to interfere
with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”. Violations of any system or network security may result in civil or criminal liability. Stephenson’s will investigate occurrences which may involve such violations and may involve and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
The Site may contain links to third party sites. These links are provided solely as a convenience to you and not as an endorsement by Stephenson’s. Stephenson’s is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. If you decide to access linked third party sites, you do so at your own risk.
THIRD PARTY POSTINGS
STEPHENSON’S MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS, WHERE IS” BASIS AND “AS AVAILABLE.” STEPHENSON’S DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. STEPHENSON’S DOES NOT
WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THIS SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS SITE OR ITS CONTENTS, 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, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. STEPHENSON’S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT STEPHENSON’S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL STEPHENSON’S BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, DIRECT OR INDIRECT DAMAGES, LOSS OF DATA, INCOME OR PROFIT OR DAMAGE TO PROPERTY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, ‘EVEN IF STEPHENSON’S OR A STEPHENSON’S AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL STEPHENSON’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
INDEMNITY OF USER