Effective Date: September 1, 2006
Welcome to the Donat Group Enterprises Ltd. web site (the "Site") and thank you for accessing our services. This Site is made up of various web sites and web pages owned and operated by Donat Group Enterprises Ltd. and its affiliates (collectively "Donat Group").
Donat Group makes available for your use on the Site certain information and services (the "Services"). Your access to and use of the Site and the Services are subject to these Terms of Use ("Terms of Use") and all applicable laws. Your use of the Site constitutes your agreement to all of the terms contained herein.
Donat Group reserves the right to change the Terms of Use at any time without prior notice and by using the Site subsequent to any revision of the Terms of Use, you agree to be bound by such changes.
Note to Children: YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER FOR SERVICES ON THIS SITE OR TO PROVIDE ANY INFORMATION ABOUT YOURSELF THROUGH THIS SITE. REGISTRATION FOR SERVICES BY ANY PERSON UNDER THE AGE OF 18 IS STRICTLY PROHIBITED.
Copyrights
© 2006 Donat Group Enterprises Ltd. All rights reserved. Except where otherwise indicated, everything featured or displayed on this Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (the "Content"), belongs to Donat Group, its licensors and its content providers, and is protected by copyright, trade dress, moral rights, trademark and other laws, to the fullest extent applicable under both Canadian and foreign laws. Unauthorized use of the materials available on this Site could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of Canada. The Content may not be used except as provided in these Terms of Use or without the express written permission of Donat Group. Donat Group authorizes you to copy materials on this site to a hard drive solely for the purpose of viewing and using the Site on your computer. You may also print portions of the Site in hard copy for the sole purpose of facilitating your personal, noncommercial use and retention of information from the Site. Donat Group neither warrants nor represents that your use of the Content or the Site will not infringe rights of third parties. You may not sell or modify the Content or reproduce, republish, display, publicly perform, distribute, or otherwise use the Content or the Site in any way for any public or commercial purpose. Unauthorized use of the Content or the Site on any other Site or in a networked computer environment for any purpose is prohibited.
Trademarks
All of the trademarks, logos, and service marks appearing on the Site (the "Trademarks") are the registered and unregistered trademarks of Donat Group and other third parties, protected under the laws of Canada and other countries. Without the prior written permission of the trademark owner, you may not use or display the Trademarks in any manner. Use on this Site of the trademark(s) of any other party is not intended to imply Donat Group's affiliation with or endorsement of that party, or that party's sponsorship or endorsement of Donat Group, its products or services.
Links to Other Sites
The Site may contain links to sites not operated or maintained by Donat Group. These links are provided solely as a convenience to you and not as an endorsement by Donat Group of the content of such third party sites. Donat Group is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party sites, you do so at your own risk, and waive any and all claims against Donat Group regarding the inclusion of links to outside sites or your use of those sites. The third party sites may contain user agreements or terms and conditions and privacy policies to which you are subject while using those sites. We encourage you to become familiar with these policies of when you access that site. Donat Group reserves the right to terminate any link or linking program at any time.
Unsolicited Submissions/Feedback
Donat Group does not accept or consider unsolicited ideas, including ideas for new products, services, technologies, processes, marketing plans or new product names. Please do not send any original artwork, samples, demos or other works. If you do send such materials, Donat Group makes no assurances that your ideas and materials will be treated as confidential or proprietary. Any feedback you provide on this Site will be deemed non-confidential. Donat Group is free to use such information on an unrestricted basis.
Disclaimer of Warranties
Your use of the Site is at your own risk. While Donat Group uses reasonable efforts to ensure the accuracy, correctness and reliability of this Site's content, we make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any information or material on the site. Donat Group, as well as any other party involved in creating, producing, or delivering the Site including, without limitation, the Content and any Services, specifically disclaim any liability or responsibility for any errors or omissions in the Site.
The materials on this Site are provided for promotional and informational purposes only, and are not intended for any other use, or as advertisements or endorsements of the products or services of any party other than Donat Group.
The posting of job descriptions and informational materials about Donat Group employment do not constitute an offer of employment.
DONAT GROUP DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE. IF YOUR USE OF THE SITE, THE CONTENT OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DONAT GROUP IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. DONAT GROUP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. DONAT GROUP MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND/OR LINKS APPEARING ON THE SITE.
FOR YOUR CONVENIENCE, DONAT GROUP MAY MAKE AVAILABLE ON THIS SITE OR IN ITS CONTENT OR SERVICES CERTAIN MATERIALS FOR USE AND DOWNLOAD. DONAT GROUP DOES NOT MAKE ANY WARRANTY WITH REGARD TO DOWNLOAD SPEED OR PERFORMANCE QUALITY OF SUCH MATERIALS.
Limitation on Liability
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER DONAT GROUP NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, EVEN IF DONAT GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REMEDY: IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SITE.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
International Use
Donat Group makes no representation of any kind that all content, materials and services on the Site are appropriate or available for use in all geographic locations, especially some locations outside Canada, and accessing such from certain locations may be illegal and prohibited. Those accessing the Site from such locations act on their own initiative and we are not responsible for their compliance with applicable laws.
Software Licenses
Any software that may from time to time be made available for downloading from the Site is protected by copyright and may be protected by other rights. The use of such software is governed solely by the terms of the software license agreement or designated "Legal Notice" accompanying such software. The downloading and use of such software is conditioned on your agreement to be bound by the terms of any such license agreement or notice.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of British Columbia, Canada, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Provincial Court of British Columbia or the Supreme Court of British Columbia (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Donat Group shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-Canadian court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Donat Group, such action is necessary or desirable.
Enforcement
Should any clause of these Terms of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Donat Group's failure to expressly enforce any provision of these Terms of Use does not waive its rights to enforce that or any other provision.
Modification/Integration
We reserve the right to change these Terms of Use, and other information available on this Site, without notice. These Terms of Use set out the entire agreement between Donat Group and you relating to your use of this Site.
Termination
Donat Group reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.