the Web site. The Web site is available for your use only on the
Web site. By accessing or using the Web site, you and the company you
are authorized to represent acknowledge your agreement of these Terms.
1. User Eligibility
This Web site is provided by Kelron and available only to persons over
the age of legal majority and/or companies that can form legally
binding agreement(s) under applicable law. If you or your company does
not qualify, you are not permitted to use the Web site.
will mean you accept those changes. Any aspect of the Web site may be
changed, supplemented, deleted or updated without notice at the sole
discretion of Kelron. Kelron may also change or impose fees for
products and services provided through the Web site at any time in its
4. Kelron Customer Fees
In addition to any other terms and conditions that may be applicable to
Fees in effect at the time of becoming a customer will govern the fees
information contained within this Web site for more details.
6. License and Ownership
Any and all intellectual property rights ("Intellectual Property")
associated with the Web site and its contents/information are the sole
property of Kelron. All content/information is protected by copyright
and other laws in both Canada and other countries. All custom graphics,
and other items that appear on the Web site that are trademarks or
service marks of Kelron, its affiliates or other entities that have
granted Kelron the right and license to use such items and may not be
used or interfered with in any manner without the express written
consent of Kelron. Except as otherwise expressly authorized by these
Intellectual Property contained within the Web site in any way without
the prior written approval of Kelron, or the appropriate third party.
Except to the extent required by law or as expressly provided herein,
none of the content/information may be reverse-engineered, modified,
reproduced, republished, translated into any language or computer
language, re-transmitted in any form or by any means, resold or
redistributed without the prior written consent of Kelron. You may not
make, sell, offer for sale, modify, reproduce, display, publicly
perform, import, distribute, retransmit or otherwise use the content in
any way, unless expressly permitted to do so by Kelron.
7. Web site Usage Restrictions
(a) You will not place false or misleading information on the Web site.
(b) You will not use or access any service or information available in
the Web site in a manner not expressly permitted by Kelron.
(c) You will not input or upload to the Web site any information which
contains viruses, or other computer programming outlines that are
intended to damage or otherwise interfere with the Web site or
information or that infringes the Intellectual Property (defined above)
rights of another.
(d) Certain areas of the Web site are restricted to customers of Kelron.
(e) You may not use or access the Web site in any way that, in Kelron's
judgment, adversely affects the performance or function of the Web
site, or interferes with the ability of authorized parties to access
Kelron's Web site.
(f) You may not frame or utilize framing techniques to enclose any
portion or aspect of the content/information, without the express
written consent of Kelron.
(a) Outbound Links.
The Web site contains links to third-party Web sites and resources.
These links are provided solely as a convenience to you and not as an
endorsement by Kelron of their content. Kelron makes no representations
or warranties regarding the correctness, accuracy, performance or
quality of any content, software, service or application found at any
linked site. Kelron is not responsible for the availability of the
linked sites, or the content or activities of such sites. If you decide
to access linked sites, you do so at your own risk. In addition, your
use of linked sites is subject to any applicable policies and Terms and
conditions of use, including but not limited to, the linked site's
(b) Inbound Links.
Linking to any page of this Web site other than http://www.kelron.com
through a plain text link is strictly prohibited in the absence of a
separate linking agreement with Kelron. Any Web site or other device
that links to http://www.kelron.com, or any page available therein is
prohibited from (a) replicating content/information, (b) using a
browser or border environment around the content/information, (c)
implying in any fashion that Kelron or any of its affiliates are
endorsing it or its products, (d) misrepresenting any state of facts,
including its relationship with Kelron or any of its affiliates, (e)
presenting false information about Kelron products or services, and (f)
using any logo or mark of Kelron or any of its affiliates without
express written permission from Kelron.
9. Submission Of Ideas
Kelron does not formally accept ideas, concepts, or techniques for new
services or products through the Web site. If such comments are
received, you acknowledge that (a) they will not be considered
confidential or proprietary, (b) Kelron and its affiliates are under no
obligation to keep such information confidential, and (c) Kelron will
have an unrestricted, irrevocable, world-wide, royalty free right to
use, communicate, reproduce, publish, display, distribute and exploit
such comments in any manner it chooses.
10. Termination Of Site Usage
You agree that Kelron, in its sole discretion, may terminate or suspend
your use of the Web site at any time and for any or no reason in its
sole discretion, even if access and use continues to be allowed to
others. Upon such suspension or termination, you must immediately (a)
discontinue use of the Web site, and (b) destroy any copies you have
made of any portion of the content. Accessing the Web site after such
termination, suspension or discontinuation shall constitute an act of
trespass. Further, you agree that Kelron shall not be liable to you or
any third party for any termination or suspension of your access to the
Kelron makes no representations about the results to be obtained from
using the Web site, or the information/content contained within it. The
use of all is at your own risk.
The Web site, and the information/content contained within it are
provided on as "as is" basis. Kelron and its affiliates, licensors,
customers and suppliers make no representations or warranties about the
accuracy, completeness, security or timeliness of the
content/information provided or obtained through the Web site. No
information obtained by you from the Web site shall create any warranty
12. Limitation of Liability
To the extent permitted by applicable law and to the extent Kelron is
otherwise found responsible for actual damages, Kelron will be
responsible for actual damages only. To the extent permitted by law, in
no event shall Kelron, its affiliates, licensors, suppliers, customers
or any third party mentioned in the Web site be liable for any
incidental, indirect, exemplary, punitive and consequential damages,
lost profits or damages resulting from lost data or business
interruption resulting from the use of or inability to use this Web
site and/or content/information contained within it, whether or not
Kelron is advised of the possibility of such damages. To the extent
exclusive and limited to those expressly provided for in these terms of
13. Lawful Usage
You agree to use the Web site in strict compliance with all applicable
laws, rulings and regulations and in a fashion that does not, in the
sole judgment of Kelron, negatively reflect on the goodwill or
reputation of Kelron and shall take no actions which would cause Kelron
to be in violation of any laws, rulings or regulations applicable to
To the fullest extent permitted by law, you hereby expressly agree that
any proceeding arising out of or relating to your use of the Web site,
and/or content/information contained within it shall be instituted in a
Federal, Provincial or Municipal court residing in the Greater Toronto
Area in the Province of Ontario, Canada, and you expressly waive any
objection that you may have now or in the future to the laying of the
venue or to the jurisdiction of any such proceeding. You agree that any
claim or cause of action arising out of or related to your use of the
Web site and/or content/information contained within it must be filed
within one (1) year after such claim or cause of action arose.
15. Governing Law
by the internal substantive laws of the Province of Ontario, Canada.
jurisdiction, the invalidity of such provision shall not affect the
shall be deemed a further or continuing waiver of such term or
condition or any other term or condition.
17. Written Document
for your records, and you waive any other requirement that these terms
of use be evidenced by a written document.
18. Complete Agreement
Except as expressly provided in a separate license, service or other
between you and Kelron with respect to the use of the Web site and/or
content/information contained within it, and supersede all discussions,
communications, conversations and agreement concerning the subject
19. For Residents of Quebec
20. Customer Service
all documents related hereto, either present or future, be drawn up in
the English language only.
Les parties déclarent par les présentes qu'ils exigent que cette
entente et tous les documents y afférents, soit pour le présent ou
l'avenir, soient rédigés en langue anglaise seulement.
Additional questions or comments regarding the Web site may be submitted to Kelron in writing.