PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.
Entruphema operates this web site (the "Web Site") as a service to its visitors subject to these Terms (as defined below) and all modifications thereto, in addition to guidelines that may be published from time to time by Entruphema. By entering and/or using this and other web sites owned, operated or maintained by Entruphema, you, the user, are deemed to have agreed to comply with and be bound by the following terms and conditions of use (the "Terms"). Entruphema reserves the right to modify them at any time, and without actual notice to you. All such changes to these Terms will appear on the Web Site: http://www.entruphema.com. By entering and/or using this Web Site following any modifications to the Terms, you agree to be bound by any such modifications to the Terms.
YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEB SITE IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS.
WEB SITE SERVICES
The Web Site is intended to provide information about Entruphema to potential customers, business partners, investors, and employees. Such information about Entruphema may include, without limitation, a description of its products and services, and potential employment opportunities.
INTELLECTUAL PROPERTY RIGHTS
As between Entruphema and you, Entruphema is the sole owner of all content on the Web Site including, without limitation, all applicable US and non-US patents, trademarks, copyrights (including, but not limited to, selections, collections, compilations, and arrangements), and other intellectual property rights thereto. Except as otherwise provided in these Terms, you may not download or save a copy of the Web Site or any portion thereof for any purpose. Subject to copyright notice and the trademark use/link limitations contained in these Terms, you may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial, or non-profit educational use or records, provided that any marks, logos, copyright notices, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens.
RESTRICTIONS ON USE OF MATERIAL OR LINKING TO THIS SITE
The content on this Web Site is intended for informational purposes only. These web pages or any portions thereof may not be framed, reproduced or redistributed for commercial gain or any other purpose. Except as expressly permitted, you may not modify, copy, publish, display, transmit, adapt, create derivative works from, or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us - and from all other entities with an interest in the relevant intellectual property - may you publish, copy, display, or commercially exploit any material from the Web Site. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Web Site. Moreover, any Entruphema or third party corporate names and logos may not be altered or used without specific, prior written permission.
DISCLAIMER OF WARRANTIES
Entruphema provides the information on Entruphema web sites on an "as is" and "as available" basis, without warranty of any kind, either express or implied. Without limitation of the foregoing, Entruphema specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the web site; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Entruphema does not warrant or guarantee: (i) that any portion of the web site will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the web site will be uninterrupted or error-free.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Entruphema be liable to any party for: (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs, or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the materials in this web site or any other Entruphema web site, even if Entruphema or a Entruphema authorized representative has been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the web site. In no event shall Entruphema's total liability to you herein, for any claim or action arising from use of the web site (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this site. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Entruphema' liability shall be limited to the fullest extent permitted by law.
THIRD PARTY LINKS
Unless specifically requested, Entruphema does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site, any of its services, by e-mail, or in any other way. By submitting or sending information or other material to Entruphema you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to Entruphema you grant Entruphema the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You agree and acknowledge that by using this Web Site, any and all communications and/or information transmitted by you to or through the Web Site will not be treated as confidential or proprietary. You agree to defend, indemnify and hold Entruphema and its directors, officers, employees, and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Web Site or the placement or transmission of any message, content, information, software or other materials through the Web Site by you.
APPLICABLE LAWS / JURISDICTION
By accessing or visiting our web sites, you expressly agree that the laws of Ontario, Canada, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction and venue for any claim, dispute, or cause of action with Entruphema, or relating in any way to the Web Site or your use of the Web Site, reside in the courts located in the Province of Ontario. You further agree and expressly consent to the exercise of personal jurisdiction in any Provincial or Federal court sitting in Ontario in connection with any such dispute and including any claim involving Entruphema or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
By accessing or visiting our web sites, you expressly waive any and all rights, including those related to privacy, to the extent such rights are different and/or in conflict with those rights protected by federal or Ontario laws. You are responsible for compliance with local laws, if and to the extent local laws are applicable.
10. Except as specifically noted above, no right or license is granted to you under any copyright, patent, trademark or other intellectual property law to use, copy, reproduce, retransmit, display or create derivative works from materials, logos and content contained within this Web Site.