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This Site is administered exclusively by Agenda Sport Marketing Inc. in cooperation with Comrade Inc. (collectively, "Agenda"). Persons using, visiting or accessing the Speed Skating Nation website at www.speedskatingnation.com (the " Site"), shall be referred to as "Users". By accessing the Site, Users automatically agree to abide by the terms of use for the Site (the "Terms of Use"), and Speed Skating Nation's Privacy Policy, available by clicking here. Users should periodically review the most up-to-date version of the Terms of Use, because Agenda may, in its sole discretion, modify or revise these Terms of Use from time to time, and Users agree to be bound by any such modifications or revisions.
DISCLAIMERS
All materials published or otherwise accessible through the Site, including, but not limited to, news articles, text, photographs, images, illustrations, audio clips, video clips, software and other materials is for informational and entertainment purposes only. Users agree that their use of the Site shall be at their sole risk. To the fullest extent permitted by law, Agenda and its respective directors, officers, employees and contractors, disclaim all warranties, express or implied, in connection with the Site and is not responsible or liable in any manner for any content on the Site. Agenda makes no representations or warranties about the accuracy or completeness of the Site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content; (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site; (3) any unauthorized access to or use of the Site's secure servers and/or any and all personal information and/or financial information stored therein; (4) any interruption or cessation of transmission to or from the Site; and (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. Agenda assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Agenda is not responsible for any technical malfunctions or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet, at the Site, or a combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web. Under no circumstances will Agenda be responsible for any loss or damage, including any loss or damage to any submission or personal injury or death, resulting from anyone's use of the Site, any submission or third party applications, software or content posted on or through the Site, or transmitted to Users, or any interactions between Users, whether online or offline.
LIMITATION ON LIABILITY
In no event shall Agenda, its directors, employees or contractors, be liable to Users of this Site or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages whatsoever, resulting from any (1) errors, mistakes, or inaccuracies of the content; (2) personal injury or property damage, of any nature whatsoever, resulting from access to and use of our Site; (3) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (4) interruption or cessation of transmission to or from the Site; (5) bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Site by a third party; (6) lost profits or lost data arising from Users' use of the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Agenda is aware or has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The Site is controlled and offered by Agenda from its facilities in Alberta. Agenda makes no representations that the Site is appropriate or available for use in other locations. Users who access the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
INDEMNITY
Users agree to defend, indemnify and hold harmless Agenda, and each of its officers, directors, employees, partners, contractors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including but not limited to legal fees on a solicitor and his own client basis) arising from Users' access to the Site, and Users' violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive Users' use of this Site.
LINKED SITES
The Site may contain links to third party web sites that are not owned or controlled by Agenda, and Agenda does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any such web sites. Agenda will not and cannot censor or edit the content of any third party web sites. Users expressly relieve Agenda from any and all liability arising from their use of any third party web site.
COPYRIGHT
The content is protected by copyright, and is owned or controlled by either Agenda or the party credited as the provider of the content. In addition, the Site is protected by copyright as a collective work or compilation, pursuant to Canadian copyright laws, international conventions and other copyright laws. Unless otherwise specified, any reproduction, modification, redistribution, publication, transmission, transfer, sale, distribution, performance, display or exploitation of the Site, whether in whole or in part, constitutes a violation of federal or common law and is prohibited.
TRADE-MARKS
Certain names, words, titles, phrases, logos, designs, graphics, icons and trade-marks displayed on the Site may constitute registered or unregistered trade-marks of Agenda and its agents or third parties. The display of third party trade-marks on the Site does not imply that a license of any kind has been granted. Unless otherwise specified, downloading, retransmission or other copying or modification of any trade-marks displayed on the Site constitutes a violation of federal or common law and is prohibited.
CONFIDENTIALITY AND SECURITY
Complete confidentiality and security is not yet possible over the Internet. Internet use and communication is subject to interception, loss and alteration. Users acknowledge and agree that Agenda and its agents shall not be responsible for any damages Users may suffer as a result of the transmission of confidential or sensitive information over the Internet, and that all such communications will be at a User's own risk.
PRIVACY
By using or accessing the Site, Users consent to the manner of collection, use and disclosure of their personal information, as described in Speed Skating Nation's Privacy Policy, available by clicking here. Any inquiry concerning the personal information held by Agenda should be emailed to the Agenda Privacy Officer at privacy@speedskatingnation.com.
GENERAL
Users agree that: These Terms of Use shall be governed by the internal substantive laws of the province of Alberta, without respect to its conflict of laws principles. Any claim or dispute between a User and Agenda that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Calgary, Alberta. These Terms of Use, as may be amended by Agenda within its sole discretion, from time to time, and any other legal notices published by Agenda on the Site shall constitute the entire agreement between the User and Agenda concerning the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Agenda's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Date of last revision: October 31, 2007
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