Please read this agreement carefully. It governs your use of the Cardinal Volta Inc. (“Cardinal Volta”) website located at www.cardinalvolta.com (the “Web Site”) and the services and goods provided through the Web Site. It exempts Cardinal Volta and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the Web Site you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. If you do not agree with each provision of this agreement each time you use the Web Site, you may not use the Web Site.

 

Each time you use the Web Site, the text of this agreement, as it then reads, will govern your use. Accordingly, when you use the Web Site you should check the date of this agreement and review any changes since the last time you visited. The changes will be clearly shown in the revised document for ease of reference.

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1. YOUR ACCEPTANCE OF THIS AGREEMENT

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This is an agreement between you and Cardinal Volta Incorporation and governs your use of the Web Site and its content and the services and goods provided through the Web Site. Each time you visit, browse, purchase, access, or otherwise use this Web Site, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this agreement, “person” includes any type of incorporated or unincorporated entity, including your employer), without limitation or qualification, to be bound by this agreement for using this Web Site, and to comply with all applicable laws and regulations, and you represent and warrant that you have the legal authority to agree to and accept this agreement on behalf of yourself and any person (such as your employer) you purport to represent. If you do not agree with each provision of this agreement, or you are not authorized to agree to and accept this agreement, or you do not have the legal authority to agree to and accept this agreement, you may not use the Web Site.

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2. CHANGES TO THIS AGREEMENT

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You may not change, supplement, or amend this agreement in any manner. However, Cardinal Volta may, in its sole discretion, change, supplement or amend this agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the Web Site. You should check for revisions each time you log into the Web Site.

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3. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

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You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Cardinal Volta, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. All trademarks, tradenames, logos, product and service names, designs, images, and slogans that appear on this website are trademarks of Cardinal Volta or its affiliates or licensors. You must not use such marks without the prior written permission of the trademark owner. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners and any use of any such property, except as expressly authorized by the owner, is prohibited.

 

You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

 

(a) your computer and browser may temporarily store, or cache copies of materials being accessed and viewed;

 

(b) a copy for personal use only may be printed keeping any trademark or other proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.

 

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

 

If you print off, copy or download any part of our Website in breach of these Terms or Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by Cardinal Volta. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

 

The Information on this Website is protected by Canadian and international copyright law and treaty provisions, trademarks laws, and other proprietary rights laws. You must not copy, reproduce, republish, post, transmit, display, perform, distribute, modify, publish, license or create derivative works, link to or frame in another website, use on any other website, or transfer to sell from the Information or any part of it without our prior written approval.

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4. PERMITTED USERS AND ACCESS

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The Web Site may be used only by persons who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws.

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5. MISPRINTS AND ERRORS

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Cardinal Volta endeavours to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur. Accordingly, Cardinal Volta reserves the right to change the services available through the Web Site at any time and from time to time without any notice or liability to you or any other person. Cardinal Volta reserves the right to refuse to accept any request for services, notwithstanding any course of dealing between Cardinal Volta and you in the past.

Your online request for services delivered over the Web Site constitutes your request to engage Cardinal Volta to supply those services. Your request for services shall be deemed to be accepted only if and when Cardinal Volta actually carries out your instructions. If you wish to cancel a request for services, you may request a cancellation by sending an email to info@cardinalvolta.com. However, Cardinal Volta may not receive and process your cancellation request before it accepts and processes your request for services, in which case your cancellation request may not be effective.

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6. NO ADVICE OR SOLICITATION

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The content of the web site does not constitute advice or recommendations. You should seek third party professional advice and recommendations before acting or omitting to act based upon any information provided on or though the web site.

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7. DISCLAIMER

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Cardinal Volta strives to make your use of the Web Site a useful experience, and an easy way to purchase services from Cardinal Volta. Nevertheless, Cardinal Volta and its service providers (the “Providers”) do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site:

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DISCLAIMER

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Your use of the website is at your own risk. The website is provided on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind, whether express or implied. This includes implied warranties of merchantable quality, fitness for a particular purpose, performance, or usefulness, all of which Cardinal Volta and its providers disclaim to the fullest extent permitted by law.

 

You (and not Cardinal Volta or its providers) assume the entire cost of all necessary servicing, repair, or correction to any computer or other equipment arising from, connected with, or relating to your use of the website.

 

The operation of the website may be affected by numerous factors beyond Cardinal Volta’s control. The operation of the website may not be continuous, uninterrupted, or secure. Security, privacy, and confidentiality risks cannot be eliminated.

 

Cardinal Volta is under no obligation to verify the identity of users of the website. However, you promise not to allow anyone to use the website posing as you.

 

Through or because of your use of the website, you may have the opportunity to engage in commercial transactions with other persons. All such transactions are at your own risk. Cardinal Volta is not a party to any such transactions and disclaims any and all liability regarding all such transactions.

 

Without limiting the generality of the foregoing, Cardinal Volta and its providers make no representation, warranty, or condition that:

 

• The website will be compatible with your computer and related equipment and software;

• The website will be available or will function without interruption or will be free of errors or that any errors will be corrected;

• The information available on or through the website will be accurate, complete, sequential, or timely;

• Particular results or any results at all may be obtained through the use of the website;

• The use of the website, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms, or other destructive or disruptive components; or

• The use of the website will not infringe the rights (including intellectual property rights) of any person.

Cardinal Volta and its providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.

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8. LIABILITY EXCLUSION

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Cardinal Volta and its providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the web site by you or any other person, and regardless of any negligence or other fault or wrongdoing by Cardinal Volta or any of its providers or any person for whom Cardinal Volta or any of its providers are responsible, and notwithstanding that Cardinal Volta or its providers may have been advised of the possibility of such loss or damages being incurred by you or any other person.

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9. LIMITATION OF LIABILITY

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In no event will Cardinal Volta’s or any of its providers’ total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by Cardinal Volta or any person for whom Cardinal Volta is responsible, exceed the lesser of (i) the amount you paid to Cardinal Volta for the use of the web site and (ii) one thousand ($1000) dollars.

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10. RELEASE

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You hereby release, remise and forever discharge each of Cardinal Volta and its providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the web site.

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11. INDEMNITY

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You agree to indemnify, defend and hold harmless each of Cardinal Volta and its providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons (collectively, the “indemnified parties”) from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with your use of the web site, the use of the web site by someone posing as you, or your breach of this agreement. You will assist and co-operate as fully as reasonably required by the indemnified parties in the defence of any such claim or demand. You further agree to indemnify Cardinal Volta and the providers from all suits, damages, costs and liabilities whatsoever arising from any transactions in which you engage using products or services obtained from or through the web site.

Advice and information provided by Cardinal Volta or its representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend this agreement, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and you may not rely upon any such advice or information.

The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this agreement survive indefinitely after the termination of this agreement.

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12. TERMINATION OF THIS AGREEMENT AND THE WEB SITE

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If you breach any provision of this agreement, you may no longer use the Web Site.

Cardinal Volta may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Web Site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.

Cardinal Volta may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site, all without any notice or liability to you or any other person.

If this agreement or your permission to use the Web Site is terminated by you or Cardinal Volta for any reason, this agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and your engagement of the services of Cardinal Volta through the Web Site and anything connected with, relating to or arising from those matters.

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13. INFORMATION SUBMISSIONS

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All information you provide through the Web Site, including registration information (name and email address) and transaction-related information, must be true, accurate, current and complete. You must also provide Cardinal Volta with updated registration information within 30 days of any changes.

Cardinal Volta will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Cardinal Volta or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information within 30 days of any change. Cardinal Volta may require a copy of a government-issued form of identification before making any changes to your registration information.

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14. OWNERSHIP AND PERMITTED USE OF THE WEB SITE

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The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Web Site are the property of Cardinal Volta, its Providers and others, and are protected by Canadian and international copyright, trademark, and other laws. Your use of the Web Site does not transfer to you or any other person any ownership or other rights in the Web Site or its content. You may only use the Web Site in the manner described specifically in this agreement.

The Web Site may not be used for any purpose not expressly permitted by this agreement. In particular, except as expressly stated otherwise in this agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Cardinal Volta. You may not use any of the software that is used in the operation of the Web Site except in the course of using the Web Site. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site (including the software used in the operation of the Web Site) or access to the Web Site.

The Web Site is made available to you for your lawful use only. You may access and browse the Web Site using commercially available, SSL-capable Web browser software. You may print or download the pages of the Web Site for your personal use provided that you do not modify any of the Web Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may modify the business forms, such as contracts, notices and the like that you download from the Web Site, without being in breach of this provision.

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15. PERSONAL INFORMATION PRIVACY

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Cardinal Volta does not collect, use, or disclose personal information on the Web Site.

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16. TRADEMARK INFORMATION

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Cardinal Volta™ and the Cardinal Volta logo are registered and unregistered trademarks and trade names owned by Cardinal Volta Inc. Other product and company names and logos appearing on the Web Site may be registered or unregistered tradenames, trademarks and service marks of their respective owners.

Any use of the tradenames, trademarks, service-marks and logos (collectively “Marks”) displayed on the Web Site, except as expressly provided in this agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Web Site.

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17. OTHER SITES

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The Web Site may include links to other Web Sites or resources and businesses operated by other persons (“Other Sites”). Other Sites are independent from Cardinal Volta, and Cardinal Volta has no responsibility or liability for or control over Other Sites, their businesses, goods, services, or content. Links to Other Sites are provided solely for your convenience. Cardinal Volta does not sponsor or endorse any Other Sites or their content or the services available through those other Web Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Cardinal Volta arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Cardinal Volta, the provisions of this agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.

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18. LINKING AND FRAMING THE WEB SITE

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Links to the Web Site without the express written permission of Cardinal Volta are strictly prohibited. To request permission to link to the Web Site, please contact info@cardinalvolta.com. Cardinal Volta reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.

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19. POSTINGS AND UNSOLICITED SUBMISSIONS

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You may not modify the Web Site or post comments, communications, or any other data of any kind to or on the Web Site with the intention that such postings may be viewed by other users of the Web Site.

Cardinal Volta does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Submissions”) to Cardinal Volta or the Web Site. However, if you do send Submissions to Cardinal Volta or the Web Site you automatically grant (or warrant that the owner of the Submissions grants) to Cardinal Volta and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Cardinal Volta or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Cardinal Volta and its assigns.

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20. GOVERNING LAW AND DISPUTE RESOLUTION

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This agreement, your use of the Web Site, and all related matters are governed solely by the laws of the Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

Any dispute between Cardinal Volta and you or any other person arising from, connected with or relating to the Web Site, this agreement or any related matters must be resolved before the Courts of Ontario sitting in the City of Toronto, Ontario, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.

Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Toronto, Ontario, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

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21. OTHER MATTERS

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If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this agreement and shall not affect the validity and enforceability of any remaining provisions.

The provisions of this agreement will enure to the benefit of and be binding upon each of Cardinal Volta and its Providers and each of their respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this agreement or your rights and obligations under this agreement without the express prior written consent of Cardinal Volta, which may be withheld in Cardinal Volta’s sole discretion. Cardinal Volta may assign this agreement and its rights and obligations under this agreement without your consent.

No waiver, express or implied, by either party of any breach of or default under this agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

You and Cardinal Volta are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this agreement or your use of the Web Site.

The parties have expressly requested and required that this agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.