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Terms and Conditions

 

By accessing the GlobeStar Systems Inc. ("GSI") web site (the "Site") you agree to be bound by the terms and conditions set out below. By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Web site.

GSI may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web site. GSI may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control.

1. No Warranty or Representation. USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. GSI EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, GSI MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

2. Use of Information. You hereby agree that you shall not use any information contained in this Site or the links to this Site in any claims, proceedings, suits or actions against GSI, its suppliers or affiliates. You may not post, copy, publish, republish, upload, transmit, distribute, create derivative works, or otherwise use and, or use the information or material on this site: (a) constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (b) which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the copyright holder; (c) otherwise use this Site in a way that is contrary to law or which would adversely impact use of the Site or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components.

 

GSI PROPERTY

GSI does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

3. Linkage. This Site contains links to other web sites that are not under the control of GSI and GSI is not responsible for and makes no representations, warranties or conditions concerning the contents of any linked site or any link contained in a linked site. It is your responsibility to verify any information contained within the links before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. GSI provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by GSI of the linked site. Your use of the linked sites may be subject to terms and conditions contained in these web sites, which you should locate and review.

4. Monitoring. GSI is under no obligation to monitor the Site and assumes no responsibility or liability should its content be modified or altered in any way without GSI's consent.

5. Revisions. GSI may at any time revise these Terms and Conditions by updating this posting. You should therefore review these Terms and Conditions each time you access the Site.

6. Product Descriptions. GSI attempts to be as accurate as possible. However, GSI does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current or error-free.

7. Site Policies. Please review our other policies such as Copyright and Privacy posted on the Site. These policies also govern your visit to this Site.

8. Customer Information. You acknowledge that you have read the GSI Privacy Policy (as it may be updated from time to time) and hereby consent to the collection, use and disclosure by GSI and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the GSI Privacy Policy.

9. Viruses, etc. GSI assumes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of or browsing in the Site or your downloading of any materials, data, text or images from the Site.

10. Right of Indemnification. You agree to defend, indemnify and hold GSI, its suppliers, partners, affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms and Conditions by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.

11. Waiver. GSI's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or rights contained in these Terms and Conditions.

12. Governing Laws. By visiting the Site, you agree that these Terms and Conditions shall be governed by the laws of the province of Ontario and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.

13. Prices. All prices are quoted in Canadian dollars unless otherwise stated, and do not include applicable taxes or shipping and handling.

14. No Solicitation. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

15. Territory. The Site originates in Canada. GSI's products and services are offered by GSI worldwide. However, products and services referred to on the Site may not be available in certain parts of the world. You are asked to contact GSI for certainty about products and services available in your region.

16. Customer Information. In relation to the products and services provided by GSI hereunder, unless you provide express consent or disclosure pursuant to a legal power, all information kept by GSI regarding you, other than your name, address and listed telephone number, is confidential and may not be disclosed by GSI to anyone other than you; a person who, in the reasonable judgment of GSI is seeking the information as your agent; provided the information is required for the efficient and cost-effective provision of service and disclosure is made on a confidential basis with the information to be used only for that purpose; we reserve the right to evaluate your credit worthiness and you hereby consent to this practice. For the purposes of the foregoing paragraph, you hereby expressly consent to the collection, use and disclosure by GSI and its agents of your personal information to the extent such collection, use and disclosure is authorized under the paragraph entitled "Customer Information" in these terms and conditions.

17. LIMITATION OF LIABILITY. IN NO EVENT WILL GSI BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF GSI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

18. Web sites and resources. GSI makes no representations, warranties, or other commitments whatsoever about any non-GSI Web sites or third-party resources that may be referenced, accessible from, or linked to any GSI site. A link to a non-GSI Web site does not mean that GSI endorses the content or use of such Web site or its owner. In addition, GSI is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a GSI site. Accordingly, you acknowledge and agree that GSI is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non- GSI Web site, even one that may contain the GSI -logo, please understand that it is independent from GSI, and that GSI does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

19. Notice Specific to Software. Any software that is made available to download is the copyrighted work of GSI. Use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Agreement to the License Agreement is a prerequisite for possession and, or use of any Software. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. IN NO EVENT SHALL GSI AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.