Please note that by accessing, viewing, using, or downloading materials from the Website, you agree to be legally bound by all of the terms, conditions and notices contained or referenced in this Agreement.
We may revise the information on the Website or otherwise change or update the Website, including this Agreement. Changes will become effective immediately after they are posted. We encourage you to periodically review this Agreement to see if there have been any changes to our policies that may affect you. Momentum Design Build may also make improvements and/or changes in products described on this Website, add new features, or terminate this Website at any time without notice. If you do not agree to the Agreement as modified, then you must discontinue your use of the Website. Your continued use of this Website will signify your continued agreement to this Agreement as it may be revised.
You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. Momentum Design Build will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
UNAUTHORIZED USE OR ACCESS
Unless otherwise expressly authorized in this Agreement or on the Website, you may not take any action to interfere with the Website or any other user’s use of the Website. While using the Website you are required to comply with all applicable legislation/statutes, orders, regulations, rules, and other laws. In addition, we expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditional on your compliance with the rules of conduct set forth in this section. You may not (and you expressly agree that you will not) do any of the following, which violate this Agreement:
- Post, upload, share, transmit, distribute, facilitate distribution or otherwise make available to or through this Website any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
- Impersonate any person or entity, including without limitation any representative of Momentum Design Build; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make;
- Disseminate on the Website any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
- Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Website;
- Interfere with or disrupt the operation of the Website or others’ use of the Website in any way (including without limitation by hacking or defacing any portion of the Website);
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website;
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website;
- Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website;
- Use the Website for any fraudulent or unlawful purpose;
- Violate any applicable laws or regulations; or
- Assist or permit any persons in engaging in any of the activities described above.
OUR INTELLECTUAL PROPERTY RIGHTS
All information and content (collectively called the “Content”) made available on this Website is protected by copyright, and, except as set forth below, the use of any Content available on this Website is strictly prohibited. No Content from this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may use Content purposely made available by Momentum Design Build for downloading from this Website, provided that you (1) keep intact all copyright and other proprietary notices, (2) use such information pursuant to any licenses associated with such Content, (3) do not copy or post such information on any networked computer or broadcast it in any media, (4) make no modifications to any such information, and (5) do not make any additional representations or warranties relating to such information. You agree not to circumvent, disable, or otherwise interfere with security related features of this Website or features that prevent or restrict use or copying of any Content.
Any unauthorized use or modification of any of the Content available on this Website is a violation of the copyrights and other proprietary rights of Momentum Design Build, or other copyright owners where so indicated. Permission for all other uses of Content contained herein, including reproducing and distributing multiple copies or using Content on any other website or networked computer or linking to any page at this Website except the “home page” [www.momentumdb.ca] must be obtained from Momentum Design Build or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from Momentum Design Build should be submitted via an email to [firstname.lastname@example.org]. All design rights, databases and compilation and other intellectual property rights associated with this Website, in each case whether registered or unregistered, and related goodwill, are proprietary to Momentum Design Build. Except as otherwise expressly authorized herein or in writing in advance by Momentum Design Build, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on all or any part of the Website or the Content.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe that any Content on this Website infringes upon any copyright which you own or control, you may send a written notification to Momentum Design Build via e-mail as set forth below.
If you believe that your copyrighted work is available on the Website in violation of your copyright, you may provide us with a written notice which contains the following information:
(a) Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the alleged infringing material. If multiple copyrighted works are covered by your notification, you may provide a representative list of such works.
(b) Identify the URL or other specific location on the Website that contains the alleged infringing material described in Item (a) above. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material.
(c) Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
(d) Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
(e) Include a statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
(f) Include your name, mailing address, telephone number and email address.
Momentum Design Build has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users of the Website who are deemed to be repeat infringers.
LINKS TO AFFILIATE OR THIRD-PARTY WEBSITES
Momentum Design Build may provide on this Website, solely as a convenience to users, links to other websites including those operated by our affiliates or other entities. If you use these websites, you will leave this Website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Momentum Design Builddoes not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Momentum Design Buildis legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of Momentum Design Build.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Any information, statements, opinions or other information provided by third parties and made available on this Website are those of the respective author(s) and not Momentum Design Build We do not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any opinion, advice, service, offer, statement or other Content on the Website other than those from an authorized Momentum Design Buildrepresentative acting in his/her official capacity. Under no circumstance will Momentum Design Build be liable for or in connection with any loss or damage caused by your reliance on any Content.
You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate Content before allowing it to be posted on the Website or any Forum; (b) monitor Content; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any Content, and the circumstances surrounding their transmission, to any third party in order to operate the Website; to protect Momentum Design Build, and the Website’s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
Momentum Design Build may terminate your use of this Website or any of its features at any time and for any reason without notice for conduct violating this Agreement. Upon any such termination, you must destroy all Content obtained from this Website and all copies thereof. The provisions of this Agreement concerning Website security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of this Website is terminated pursuant to this Agreement, you will not attempt to use this Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from any and all liability that we may incur therefore.
DISCLAIMER OF WARRANTY
MOMENTUM DESIGN BUILD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THIS WEBSITE OR ANY OTHER WEBSITES LINKED TO OR FROM THIS WEBSITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THIS WEBSITE IS DONE AT YOUR OWN RISK. THE CONTENT OF THIS WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, MOMENTUM DESIGN BUILD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
LIMITATION OF LIABILITY
MOMENTUM DESIGN BUILD AND EACH OF ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, PARENT AND RELATED COMPANIES (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS WEBSITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
You agree to indemnify, defend and hold Momentum Design Build and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with this Website; or (iii) unsolicited information you provide to Momentum Design Build through the Website.
EFFECT OF INVALIDITY
In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective.
The Website is controlled and operated by Momentum Design Build from our offices within the Province of British Columbia. Momentum Design Build makes no representation that materials in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Website from jurisdictions where the contents of the Website are illegal or penalized is prohibited.
This Agreement is governed by and will be construed in accordance with the laws in force in the Province of British Columbia and you irrevocably agree that the courts of the Province of British Columbia shall have exclusive jurisdiction with respect to any matter arising out of or in connection with this Agreement.
You agree that in the event of any dispute between you and us, you will resolve the dispute directly with us and will not join any class action suit.
Momentum Design Build
Email – email@example.com
Phone (250) 755-2027
1940 Bollinger Road
Nanaimo, British Columbia
Canada V9S 5W9