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Acumen Allied Services Ltd. ("AASL") makes available for your use on its Web site ("Web site" or "Site")materials, resources, documents, software and products (collectively "Materials") and various services offered by AASL (collectively "Services") subject to the terms and conditions set forth in this document ("Terms of Use"). By accessing or using this Site, which includes your access to or use of any Materials or Services, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, you may not access or use the Site, Materials, or any of the Services. By using the Materials or Service, you are agreeing to be bound by these Terms of Use.

AASL may modify the Materials, Services and Terms of Use at any time without notice and such modifications shall be deemed effective immediately upon making such changes. Additionally, when using particular Services or Materials, you shall be subject to all posted agreements, guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.

TRADEMARKS. All corporate names, service marks, logos, trade names, trademarks, Web site and domain names of AASL (collectively "Marks") are and shall remain the exclusive property of AASL and nothing in this agreement shall grant you the license to use such Marks.

COPYRIGHT. All Services and/or Materials found in the Web site are protected by trademark, copyright, or other intellectual property laws. Any commercial use of the Services and/or Materials found on the Web site is strictly prohibited, without the express, prior, written consent of AASL. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.

USE OF ANY PARTNER RESOURCES. The software that is made available for your use on this Site is the copyrighted work of AASL and/or its suppliers and partners. Use of such software is governed by these Terms of Use. You may not reverse engineer, decompile or otherwise attempt to discover the source code of the software available on the Web site. WITHOUT LIMITING THE FOREGOING, ANY ATTEMPT TO COPY OR REPRODUCE THE SOFTWARE TO ANY COMPUTER, SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

YOUR CONDUCT. You agree to use the Materials and Services for lawful purposes only. You are prohibited from posting on, or transmitting through, the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or other objectionable material of any kind, including, without limitation, material that encourages unlawful conduct. If AASL believes, in its sole discretion, that you have engaged in any of the foregoing conduct, AASL may, (i) remove such content from the Site; (ii) terminate or suspend your account or use of the Services and Materials; and/or (iii) forward the offensive materials, your communications with AASL, and your personally identifiable information to the proper authorities for investigation or prosecution.

WARRANTIES AND DISCLAIMERS. Hyperlinks or other Web pages that may be accessible from this site will enable you to leave AASL's site. The linked sites are not under the control of AASL and AASL is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. AASL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AASL of the site. AASL and its affiliates do not control or endorse the content of third party Web sites. All services and materials provided on this site are provided "as is." AASL does not make any warranties of any kind, either express or implied, including without limitation warranties of title or non-infringement, or any implied warranties or merchantability or fitness for a particular purpose with regard to the services or materials, any transaction performed through the services or on the Internet generally, or as to the quality of the services rendered. AASL shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. AASL does not warrant that the services or materials will be uninterrupted or error-free or will operate without packet loss or interruption, nor does AASL warrant any connection to or any transmission over the Internet or that any defects in the services or materials will be corrected. AASL does not guarantee or warrant that any files made available for downloading from the site will be free of infection or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties. You are responsible and are urged to implement sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data. AASL does not warrant that the information or data inputted and stored in this database cannot be accessed by a third party and you assume complete and total responsibility and risk for your use of the services, materials and the site.

LIMITATION OF LIABILITY. In no event will AASL be liable for (i) any direct, indirect, incidental, consequential, or punitive damages (including, but not limited to damages for loss of profits, business interruption, loss of programs, data or information, and the like) arising out of the use of or inability to use the site, services or materials, or any transactions provided on the service or downloaded or hyperlinked from the site, even if AASL or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through, or hyperlinked from, the site; or (iii) any claim related to data obtained by a third party who accesses the site. You assume all risk of using the site and associated data and information.

INDEMNITY. You agree to indemnify, defend and hold AASL, its officers, directors, employees, agents, shareholders, licensers, suppliers, business partners and any third party information providers to the Site, Services or Materials from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your improper use of any Services or Materials, or any violation of this Agreement by you. The provisions of this paragraph are for the benefit of AASL and its officers, directors, employees, agents, shareholders, licensees, suppliers, business partners and any third party information providers to the Site, Services or Materials. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

TERMINATION. You agree that AASL, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services or Materials, for any reason, or no reason at all. AASL may also in its sole discretion and at any time discontinue providing the Materials, Services, or any parts thereof, with or without notice. You agree that any termination of your access to the Services or Materials may be effected without prior notice, and you acknowledge and agree that AASL may immediately deactivate or delete your account and/or bar any further access to the Services or Materials. Further, you agree that AASL shall not be liable to you or any third-party for any termination of your access to the Services or Materials.

GOVERNING LAW; JURISDICTION. These Terms of Use shall be governed and construed in accordance with the laws of the British Columbia. You agree that in any legal action or proceeding between you and AASL for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction of the provincial courts of British Columbia and you expressly waive all defences to jurisdiction. Any cause of action or claim you may have with respect to the Site, Services or Materials must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. AASL's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. AASL may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

ACCOUNT NUMBER AND PASSWORD. You are responsible for maintaining the confidentiality of your user name or account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

PERSONAL INFORMATION AND PRIVACY. To learn about how AASL protects your personal information, refer to our Privacy Policy. Please note that any non-personal information or material sent to AASL will generally be deemed to NOT be confidential.

Copyright © 2009-2010 Acumen Allied Services, Ltd. All rights reserved.