ABE FACTORS INC.
WEBSITE TERMS OF USE
These Website Terms of Use (“Terms of Use”) govern access to and use of the ABE Factors Inc. (“ABE Factors”) website, www.abefactors.com (the “Website”). If you do not agree with these Terms of Use, or any updates hereto, you shall cease using the Website.
1. Definitions:
- a) “ABE Factors Parties” means ABE Factors, its affiliates, directors, officers, employees, agents and representatives;
- b) “Privacy Policy” means the policy found on the Website that addresses ABE Factors’ treatment of personal information;
- c) “Proprietary Materials” means all information and materials prepared by and owned by ABE Factors;
- d) “Third Party Content” means collectively, any website operated by, and content and information created or provided by, any party that is not ABE Factors which is accessible through the Website;
- e) “User”, or “you” means the person that is accessing the Website;
2. Changes to Terms of Use:
We reserve the right to update these Terms of Use from time to time. The current version of the Terms of Use will be available on the Website at all times and it is your responsibility to regularly review these Terms of Use and be aware of any changes thereto. If any material changes are made, notice will be posted on the home page of the Website.
3. Intended Users:
The use of the Website is intended for adult individuals or businesses in Canada. The information provided through the Website is specific to Canadian laws, rules and regulations and personal information is subject to the Privacy Policy which is in governed by Canadian laws. ABE Factors makes no representation that the information provided through the Website is appropriate or available for use outside of Canada. Anyone that accesses the Website does so on their own initiate and shall be responsible to ensure compliance with applicable laws.
4. Services:
A separate contract for services may be entered into between the User and ABE Factors, and if applicable, the terms there of will prevail over these Terms of Use in the event of any conflict. These Terms of Use are in addition to, and do not nullify, any other agreement between ABE Factors and the User, and if applicable, these Terms of Use will apply only to the extent not otherwise provided for in a separate agreement.
5. No Guarantees, Warranties or Representations:
To the fullest extent permitted by law, ABE Factors disclaims any warranty of any kind whatsoever regarding the Website and its content. The Website and all content and information is provided on an ‘as is’ basis without any warranties of any kind, express or implied. The information provided through the Website is for general educational information purposes only. ABE Factors does not warrant the accuracy, completeness, or usefulness of this information. ABE Factors makes every effort to maintain the Website in as up-to-date manner possible; however, due to the evolving nature of the laws, rules and regulations governing the subject matter no guarantee is made to the completeness of the information or that it will be free of errors and omissions. The Website may be updated from time to time; however, the information is not necessarily complete or current and we are under no obligation to remove any potentially out-dated information. Reliance on the information is strictly at the User’s own risk. No representation has been made regarding the completeness, security, reliability, quality, accuracy or availability of the Website. No guarantee or warranty has been made that the Website or the content will be accurate, reliable, error-free or uninterrupted, that any defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components. ABE Factors does not guarantee the availability or security of the Website. ABE Factors reserves the right to amend or withdraw portions of the Website from time to time and access may be temporarily restricted. ABE Factors does not give any guarantee or warranty that the Website will be available or that the files available to download from the Website are free of viruses or other destructive code. You are solely responsible for implementing sufficient safeguards. ABE Factors is not responsible for any loss or damage caused by your use of the Website which is strictly at your own risk.
6. Waiver of Liability and Indemnity:
a) Waiver of Liability: To the fullest extent permissible by law, you agree to release and discharge the ABE Factors Parties from any and all claims, losses, or causes of action whatsoever, including any direct, indirect, special, incidental, consequential damages (including, without limitation, loss of profits) arising out of your use of the Website.
b) Indemnity: You agree to indemnify and hold harmless the ABE Factors Parties from all third-party actions, proceedings, claims, damages, and costs (including legal fees on a solicitor-client basis) arising in any way associated with your use of the Website or violation of these Terms of Use.
c) Third Party Websites and Third Party Content: We may post links to third-party websites or resources. We make no representations or endorsements as to the quality, suitability or functionality of any Third Party Content. You agree to access and use such Third Party Content at your own risk. ABE Factors disclaims any liability whatsoever with respect of your use of the Third Party Content.
7. Intellectual Property:
The User acknowledges that Proprietary Materials accessible through the Website are subject to intellectual property rights. ABE Factors retains ownership to all the intellectual property in the Proprietary Materials provided on the Website. There is no implied license to reproduce, sell or otherwise distribute the Proprietary Materials. The User shall not modify or delete copyright notification or distribute Proprietary Materials for any commercial purpose. Third Party Content is also subject to intellectual property rights of the third-party creator. The User shall only be permitted to use the Proprietary Materials and Third Party Content for the purpose stated herein and shall not reproduce, distribute or use the Proprietary Materials or Third Party Content for any other purpose. If the User violates ABE Factors’ intellectual property rights, or ABE Factors has reason to believe that a violation may occur, ABE Factors shall be entitled to seek injunctive relief to prohibit any breach of this Section.
8. Privacy Policy:
Personal information is collected, stored and used in accordance with ABE Factors’ Privacy Policy which can be found on the Website. Access to the Website and/or some of the resources it offers, may require certain registration details or other information. It is a condition of your use of the Website that all information you provide is current, accurate and complete. If a username and password are required, you are obligated to keep the information secure, and not share your login information with any other party. You shall notify us of any unauthorized access to, or use of, your login information.
9. Acceptable Use of Website:
The Website is only to be used for the intended purpose in accordance with these Terms of Use. You are prohibited from using the Website:
- a) in any way that violates any applicable federal, provincial, local or international law or regulation;
- b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- c) to transmit, or procure the sending of, any advertising or promotional material, including any ‘junk mail’, ‘chain letter’, ‘spam’ or any other similar solicitation;
- d) to impersonate or attempt to impersonate ABE Factors or an employee of ABE Factors, or another user, or any other person or entity (including, without limitation by using email addresses, or screen names associated with any of the foregoing);
- e) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm ABE Factors or users of the Website or expose them to liability;
- f) in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
- g) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; or
- h) use any manual process to monitor or copy any of the material on the Website without prior written consent.
10. Term, Termination and Survival:
These Terms of Use are in effective from when the User accepts the Terms of Use by accessing the Website and continue until terminated by either the User or ABE Factors. The User may terminate their use of the Website at any time by ceasing to use the Website. ABE Factors may terminate your use of the Website, for any reason, in our sole discretion, including your breach of these Terms of Use. Upon expiration or termination of the Terms of Use for any reason: (a) all of your liabilities to ABE Factors will survive; and (b) any licenses or rights granted to you regarding the Website and the Proprietary Materials will immediately terminate. Any provision of these Terms of Use that by their nature, should survive termination shall survive the termination of the Terms of Use, including without limitation, your obligation to indemnify us, any limitations on our liability and any provisions regarding intellectual property rights.
11. Force Majeure:
To the extent the performance by either party is prevented by a circumstance beyond its control (a “force majeure”) including, without limitation, an act of God, inevitable accident, pandemic or epidemic, storm, flood, fire, earthquake, explosion, peril of navigation, hostility, act of terrorism, war (declared or undeclared), insurrection, riots, sabotage, rebellion, industrial strikes, lockouts or other industrial action, executive or administrative order or act of either general or particular application of any government, whether de jure or de facto, or any official purporting to act under the authority of that government, prohibition or restriction by domestic or foreign laws, regulations or policies, quarantine or customs restrictions, breakdown or damage to or confiscation of property or other reason of a like nature which is not the fault of the party delayed in performing work or doing acts required under the terms of these Terms of Use, then performance of such term, covenant or act is excused for the period of the delay and the party so delayed shall not be liable to the other for damages. If such circumstance occurs, the party affected shall notify the other of the nature and impact of the force majeure on the parties, and shall resume performance as soon as possible, and the time for performance of the various terms of these Terms of Use shall be extended by an amount of time equal to the delay caused by the force majeure. Lack of funds or lack of markets is not a circumstance of force majeure and the provisions of this Section do not operate to excuse the User from the prompt and timely payment of any payments required by these Terms of Use, if applicable.
12. Waiver:
No failure or delay by ABE Factors in enforcing any right or remedy in these Terms of Use will be construed as a waiver or limitation of any future exercise of such right or remedy.
13. Severability:
If any portion of hereof is deemed by any court of competent jurisdiction to be illegal or unenforceable, such provision shall be severed and the remaining provisions of these Terms of Use will remain in full force and effect.
14. Governing Law and Jurisdiction:
The use of the Website, and these Terms of Use shall be governed by and construed in accordance with the laws of the Province of Alberta and the Parties irrevocably attorn to the jurisdiction of the Courts of the City of Calgary, in the Province of Alberta in respect of any matter arising out of these Terms of Use.
15. Entire Agreement:
These Terms of Use constitutes the entire agreement regarding the subject matter contained herein and supersedes all prior written and oral representations.