This agreement describes your responsibilities and limits our
liability, among other things. Please read it carefully before using
R. E. Gilmore Investments Corporation's Online Kiosk Web site.
ACCEPTANCE OF TERMS
As a subsidiary of R.E. Gilmore Investments Corp., Gilmore Global
operates the Online Kiosk Web site (the "Site")
as an exchange mechanism for information, documents and images (collectively,
the "Materials"). By accessing the Site, you agree to conduct
yourself in accordance with the terms and conditions set forth in this
continuing use of the Site following any such change will be conditional
upon your agreement to be bound by, and act in accordance with, the amended
This Agreement is void where prohibited by law, and any right to access
the Site and Materials is revoked in such jurisdictions.
LIMITED GRANT OF RIGHTS
The Materials and Services on this Site, including, but not limited
to, the compilation of all content, are protected by copyright and/or
other intellectual property laws and any unauthorized use of the Materials
or Services at this Site may violate such laws. Except as expressly provided
herein, Gilmore Global and its suppliers do not grant any express
or implied right to you under any patents, copyrights, trademarks, rights
in trade secrets, or other intellectual property rights with respect
to the Materials and Services.
The rights granted to you constitute a limited license and not a transfer
The rights specified above to view, download, and, in some cases, print
the Materials available on this Site do not convey a right to copy the
design, layout, or look and feel of the Site apart from the uses permitted
herein. Elements of this Site are protected by trade dress and other
laws and may not be copied or imitated in whole or in part.
USE OF SITE
Gilmore Global provides a platform whereby the buyer and seller
may communicate, display information about seller's products or services
(i.e.: prices, quotes, availability of Supplies, delivery dates, and
related information), and place orders for Supplies.
To the maximum extent permitted by law, Clients and Delegate waive any
and all rights they may have against Gilmore Global arising out
of any purchase, sale, or other transaction Clients or Delegates enter
into with any third party through the Site.
This Site can be accessed from other countries around the world and
may contain references to Gilmore Global products, services,
and programs that are not available in your country. These references
do not imply that Gilmore Global intends to make such products,
services, or programs available in your country.
CONSENT TO AGGREGATE USE OF CLIENT INFORMATION
In order to make various features and functions of Services and Materials
available to Clients, Gilmore Global may collect information
about Client and Client's use of the Online Kiosk Web site ,
including the information identified in Gilmore Global's Privacy
Policy ("Client Information"). Client acknowledges and agrees
that Gilmore Global's collection and use of Client Information
and provision of the Online Kiosk Web site , as contemplated
publicity, or any other right related to protection of personal data,
whether in equity, law, contract, or otherwise. Client hereby waives
any and all such claims or rights of action, whether foreseen or unforeseen,
so long as the Client Information is collected, stored, and used in accordance
RELIABILITY OF MATERIALS AND SERVICES
Materials and Services available on or through the Site are routinely
updated, and Gilmore Global uses commercially reasonable efforts
to ensure that such information is reliable and that Services are available.
Gilmore Global expressly disclaims any responsibility or liability
for any third-party Materials or Services on the Site , or any third-party
information or services available through a link from the Online Kiosk Web site .
LINKS TO OTHER INTERNET WEB SITES
This Site may, from time to time, contain links to third-party Web sites
that are not under the control of Gilmore Global . Gilmore Global
makes no representations whatsoever about any other Web site to which
you may have access through this Site, including the Web sites of * Associates.
When you access a non-Gilmore Global Web site, you do so at your
own risk and Gilmore Global is not responsible for the accuracy
or reliability of any information, data, opinions, advice, or statements
made on these sites; or for the quality of any products or services available
on such sites; or for any damage or loss caused or alleged to be caused
through or in connection with use of or reliance on the content, goods,
or services available on or through any such link, site, or resource.
Gilmore Global provides these links merely as a convenience and
the inclusion of such links does not imply that Gilmore Global
endorses or accepts any responsibility for the content or uses of such
Responsibility for Submissions. You are solely responsible
for the content of any comments, information, questions, data, feedback,
ideas, descriptions of processes, or other information submitted to Gilmore Global through the Site. You may only submit to the Site, content
that is (a) owned by you, (b) submitted with the express permission of
the owner, or (c) in the public domain. You are prohibited from posting
or transmitting to or from this Site any unlawful, threatening, libelous,
defamatory, obscene, pornographic, or other materials that would violate
any law or the rights of others, including without limitation, laws against
copyright infringement. Violation of these restrictions may result in
limitations on access by you to this Site.
Unsolicited Information. Gilmore Global does
not want to receive unsolicited information from you through the Site
for the purpose of communicating to any entity any ideas or other information,
including, but not limited to product or service suggestions or enhancements,
product or service names, advertising campaigns or marketing plans, technology
or material, business methods, or any similar information. Gilmore Global
maintains this policy to prevent misunderstandings or disputes in the
event it develops products or services that may seem similar to an unsolicited
proposal. Any non-personal unsolicited information or material sent to
Gilmore Global will be deemed NOT confidential, and by sending
such unsolicited information you hereby grant Gilmore Global
an unrestricted, irrevocable license to use, reproduce, display, perform,
modify, transmit, and distribute those materials or information, and
you also agree that Gilmore Global is free to use any ideas,
concepts, know-how, or techniques that you send to us for any purpose.
Personal information, such as names, address, telephone numbers, etc.,
TRYOUT PRODUCTS AND TRIAL AGREEMENTS
Some products or services available on or from the Site may
be tryout versions of products or products or services subject to a limited
trial period. To the extent that any provision of this paragraph conflicts
such other terms with respect to the tryout or trial versions, but only
to the extent necessary to resolve any conflict in terms. THE TRYOUT
TRIAL VERSIONS OF PRODUCTS OR SERVICES MAY HAVE LIMITED FUNCTIONALITY
AND/OR FUNCTION FOR A LIMITED PERIOD OF TIME AND SUCH VERSIONS ARE OFFERED
ON AN "AS IS" BASIS AND SOLEY FOR DEMONSTRATION PURPOSES. If
the product or service is offered for a limited time, then such product
or service will terminate operation after a designated period of time
(i.e. 10, 15, 30, or 60 days) following installation or commencement
of service as specified in the appropriate license or service terms ("Time
Out Date"). Upon the Time Out Date, the license or service agreement
for such tryout or trial version will terminate and all rights to use
the product or service will cease unless and until any fees or charges
for the commercial version of such product or service is received by
Gilmore Global. After the Time Out Date any files, documents
or other material created with such product or service, or stored on
the Site and accessible as part of such tryout or trial version shall
no longer be accessible and any risk of loss for all work created or
material stored shall be borne solely by the Client, Delegate or user.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT SIGNED
BY AUTHORIZED REPRESENTATIVES OF YOU AND DOCULINK INTERNATIONAL, ALL
MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, DOCULINK INTERNATIONAL MAKES NO WARRANTY
THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, AND (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED
BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS . SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT
CANNOT BY LAW BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR
TYPOGRAPHICAL ERRORS. DOCULINK INTERNATIONAL MAY MAKE CHANGES TO THE
MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS
OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS
OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND DOCULINK INTERNATIONAL
MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
DOCULINK INTERNATIONAL ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS
IN THE MATERIALS AND/OR SERVICES OR FOR INFORMATION, MATERIALS, OR SERVICES
OF THIRD PARTIES THAT ARE REFERENCED BY OR LINKED TO THIS SITE.. REFERENCES
TO OTHER COMPANIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS
IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT SIGNED
BY AUTHORIZED REPRESENTATIVES OF YOU AND DOCULINK INTERNATIONAL, IN NO
EVENT SHALL DOCULINK INTERNATIONAL OR ITS LICENSORS OR ASSOCIATES OR
SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS
OF USE, DATA, OR PROFITS, WHETHER OR NOT DOCULINK INTERNATIONAL HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ON ANY THEORY OF LIABILITY,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB
SITE REFERENCED OR LINKED TO FROM THIS SITE, INCLUDING THOSE OF DOCULINK
INTERNATIONAL'S ASSOCIATES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY
MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND
WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
DOCULINK INTERNATIONAL OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS APPLY REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, DELICT, QUASI-DELICT,
STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL
BREACH OR BREACHES, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT
OR THE FAILURE OF AN EXCLUSIVE REMEDY.
IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, IN NO
EVENT WILL DOCULINK INTERNATIONAL'S LIABILITY FOR THE SUBJECT MATTER
OF THIS AGREEMENT EXCEED ONE THOUSAND FIVE HUNDRED CANADIAN DOLLARS.
CLIENTS ACKNOWLEDGE THAT THE ALLOCATION OF RISK AND THE LIMITATIONS
OF LIABILITIES CONTAINED IN THIS AGREEMENT IS A MATERIAL CONSIDERATION
FOR DOCULINK INTERNATIONAL ENTERING INTO THIS AGREEMENT.
At Gilmore Global's option and request, Client shall, at its
own expense, indemnify, defend, and hold Gilmore Global and its
subsidiaries, affiliates, officers, employees, agents, co-branders, associates,
suppliers, or other partners harmless from and against any losses, costs,
damages, liabilities, and expenses (including reasonable attorneys' fees),
arising out of or related to a third-party claim, action or allegation
(a) related in any way to a transaction or dispute between Client or
its Delegate and any third party, (b) based on or caused by access to
the Site, (c) based on facts or alleged facts that would constitute a
breach of any of Client's or Delegate's representations, warranties,
settlement of any of the foregoing without Gilmore Global's prior
written consent, and shall not incur expenses and fees in defending any
such claims, actions, or allegations without prior approval from Gilmore Global.
you and Gilmore Global with respect to the Site and supersedes
all prior agreements or previous discussions (written or oral) between
you and Gilmore Global.
the unenforceable portion will be construed in accordance with applicable
law as nearly as possible to reflect the original intentions of the parties,
and the remainder of the provisions will remain in full force and effect.
Waiver by either party of a breach of any provision of these Terms of
Use or the failure by either party to exercise any right hereunder shall
not operate or be construed as a waiver of any subsequent breach of that
right or as a waiver of any other right.
Gilmore Global will not be liable in any amount for failure
caused by the occurrence of cause beyond the reasonable control of Gilmore Global including, without limitation, outages of the Internet
or connections thereto, communications outages, earthquake, fire, terrorism,
flood, war, or act of God; or any acts of governmental bodies or authorities.
GOVERNING LAW AND JURISDICTION
This Site, excluding linked sites, is controlled by
Gilmore Global from its offices within the province of Ontario,
Canada. By accessing this Site, you and Gilmore Global agree
that the laws of the province of Ontario, and the laws of Canada applicable
therein, shall govern all matters relating to your access to, or use
of, this Site and any Materials or Services, without regard to conflicts
of laws principles. Gilmore Global makes no representation that
Materials or Services available on this Site are appropriate or available
for use in other locations, and accessing them from jurisdictions where
their contents are illegal is prohibited. Those who choose to access
this Site from other locations do so on their own initiative and are
responsible for compliance with local laws.
R.E. Gilmore Investments Corp.
120 Herzberg Road