Please read these terms and conditions carefully before using this wireless fidelity network available at 1881 Yonge Street, Toronto Ontario Canada (the “Network”). Wherever used herein, “Owner” means Adgar Investments & Development Inc. and includes its related or affiliated entities, suppliers, and licensors and their respective directors, officers, employees, consultants and agents. By accessing and using this Network, you are signifying your consent to be bound by these terms and conditions (the “Terms and Conditions”). If you do not agree to these Terms and Conditions please exit this screen and do not log on to the Network.

Use of Network and Restrictions on Use

These Terms and Conditions set forth the basis upon which Owner hereby grants to you a limited non-exclusive non-transferable licence to use the Network, provided that you have agreed to the Terms and Conditions.

You agree that you will not:

1.     copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, lend, rent, lease, merge (with other software), market, sell, distribute, assign, license, sublicense, time share, use in a service bureau or use as an application service provider, any software comprising the Network, or create other software products on the basis of the software comprising this Network or parts thereof, or make the Network available to third parties in any form;

2.     use the Network for any unauthorized or unlawful purpose, including, without limitation, for the production or dissemination of any libellous, defamatory, fraudulent, infringing, abusive, lewd, obscene or pornographic material or in any otherwise objectionable or illegal manner, or for the purpose of accessing and using any illegal file sharing or peer-to-peer network for the purpose of downloading or uploading to such networks any materials protected by copyright or other intellectual property rights;

3.     interrupt or attempt to interrupt the operation of the server through which you access the Network;

4.     restrict, in any way, any other user of the Network or the server through which such user accesses the Network;

5.     transmit through the Network or to the server through which you access the Network, any viruses, trojan horses, time bombs, worms or other forms of harmful code that is designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment;

6.     knowingly input, through the Network, any information, data, or other content, which is incorrect, inaccurate or fraudulent;

7.     permit any other individual to access the Network through your sign-on; and

8.     do any act that compromises the security of the server through which you access the data resident thereon, or the Network.

Subsequent Sign-On to the Network

Owner reserves the right to update and amend these Terms and Conditions without notice to you. Each time you sign on to the Network, you will be required to agree to these Terms and Conditions or a revised version of these Terms and Conditions before access is granted.

Disclaimer of Warranties

UNLESS OTHERWISE PROVIDED, THE NETWORK PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO THE NETWORK. OWNER DOES NOT WARRANT THAT THE FUNCTIONS OR THE CONTENTS OF THE NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE NETWORK IS FIT FOR ANY PARTICULAR PURPOSE, OR THAT THE OPERATION OF THE NETWORK WILL BE UNINTERRUPTED OR ERROR FREE OR ACCURATE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE NETWORK IS FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. 

OWNER DOES NOT WARRANT THAT THE NETWORK IS SECURE. ANY PERSONAL OR CONFIDENTIAL INFORMATION THAT YOU TRANSMIT THROUGH THE NETWORK IS AT YOUR OWN RISK AND OWNER TAKES NO RESPONSIBILITY FOR SUCH PERSONAL OR CONFIDENTIAL INFORMATION.

Limitation of Liability

OWNER SHALL NOT BE LIABLE OR OBLIGATED IN ANY MANNER FOR ANY EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR OTHERWISE RESULTING FROM THE USE OF THE NETWORK. THE AGGREGATE LIABILITY OF EACH OF OWNER UNDER THIS AGREEMENT SHALL NOT EXCEED $100 (CANADIAN FUNDS) IN THE AGGREGATE.

Proprietary Rights

The Network is owned or licensed by Owner and the structure, organization and code of the Network are valuable trade secrets of Owner or its suppliers. The Network is also protected by Canadian patent, copyright law and international treaty provisions. These Terms and Conditions do not grant to you any intellectual property rights in and to the Network or any part thereof and provides only the Terms and Conditions under which you are licensed to use the Network.

Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold Owner harmless from and against any and all claims, damages, losses liabilities, costs and expenses of any kind, including all legal fees and costs, arising out of (i) your breach of any provision of these Terms and Conditions, and/or (ii) your use of the Network. Owner reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any action, claim or matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.

Governing Law

These Terms and Conditions will be governed by the Province of Ontario and the laws of Canada applicable therein. If any part of these Terms and Conditions are found void and unenforceable, such finding will not affect the validity of the balance of these Terms and Conditions, which shall remain valid and enforceable according to their terms.

Suspension and Termination

Your access to the Network may be suspended or terminated immediately without notice from Owner if, in Owner’s sole discretion, you fail to comply with any material term or provision hereof or if Owner believes that you, by your conduct, have violated any applicable law or are acting contrary to the interests of Owner. All limitations on liability, indemnities and proprietary rights shall survive termination of these Terms and Conditions and you agree to remain bound by those provisions that survive termination.

General Provisions

These Terms and Conditions set forth Owner’s entire liability and your exclusive remedy with respect to the Network. You acknowledge that these Terms and Conditions are a complete statement of the agreement between you and Owner and that there are no other prior or contemporaneous understandings, promises, representations or descriptions regarding the Network. These Terms and Conditions do not limit any rights that Owner may have under trade secret, copyright, patent, trade mark or other laws. Owner’s representatives are not authorized to make modifications to these Terms and Conditions or to make any additional representations, commitments, or warranties binding on Owner other than in writing signed by an officer of Owner. Accordingly, such additional statements are not binding on Owner and you should not rely upon such statements. If any provision of these Terms and Conditions is invalid or unenforceable under applicable law then it is to that extent deemed admitted and the remaining provisions will continue in full force and effect.