Term of Use

This web site is provided to you by Teknicor Corporation (“Teknicor” or “we”). Your use of this web site and any other linked web sites and portals operated or provided by Teknicor (collectively, the “Site”) is subject to the following terms and conditions, as may be amended from time to time (the “Terms”).

We may update these Terms from time to time. Your use of this Site, or continued use of the Site, constitutes your acceptance of these Terms in current and modified form. If you do not agree to the Terms, you may not use the Site.

Use of the Site

The Site and its contents, including any web pages, text, images, sounds, software, and other data or information contained in the Site (the “Data”), are provided for general informational purposes. You may not use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms. You may view and print out web pages from the Site for personal use, but may not otherwise copy, modify, or use any of the Data. Except as expressly permitted by Teknicor, you may not use the Site or the Data for commercial purposes. You may not remove any copyright or other proprietary notices from copies of the Data. Teknicor disclaims any and all liability for consequences which may result from unauthorized reproduction or use of the Data. Nothing on the Site is to be considered an offer by Teknicor to accept an investment in the company.

LIABILITY DISCLAIMER

TEKNICOR. PROVIDES THE SITE AND THE DATA ON AN “AS IS” BASIS. TEKNICOR DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO ALL INFORMATION PROVIDED IN AND THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS REGARDING COMPLETENESS, ACCURACY, CURRENCY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, AND TIMELINESS OF ANY PRODUCT OR SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEKNICOR AND ITS AFFILIATED OR RELATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE FOR INDIRECT, SPECIAL, THIRD PARTY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE, PROFITS, OR OTHER INTANGIBLE LOSSES, RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, (1) YOUR USE OR INABILITY TO USE THE SITE; (2) YOUR USE OF OR RELIANCE ON THE INFORMATION CONTAINED IN OR THROUGH THE SITE; OR (3) ANY OTHER MATTER RELATED TO THE SITE.

Indemnity

You agree that you are responsible for your behaviour in connection with the Site. As a condition of your use of the Site, you indemnify and hold Teknicor and its affiliated or related entities, and their respective officers, directors, employees, and agents, harmless from and against any and all claims (including, without limitation, damages, losses, expenses, reasonable legal fees, and charges), relating to or arising from your use of the Site or any claims alleging facts that if true would constitute a breach of these Terms. Teknicor reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Teknicor. You agree to cooperate as fully as reasonably required in Teknicor's defence of any claim.

Links to Third Party Site

The Site may contain links to third party web sites. Teknicor has no control over such web sites. You understand this and agree that Teknicor is not responsible for the availability of such web sites. You also understand and agree that Teknicor does not endor se and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites or resources (“Third Party Content”). You further acknowledge and agree that Teknicor shall not be responsible or liable, directly or indirectly, for any damage or loss that your use of or reliance on any Third Party Content causes or allegedly causes.

User Information

When you provide information through the Site, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation, or conceal your identity from Teknicor for any purposes. By submitting your personally identifiable information, including, without limitation, contact information, (your "Personal Information") to Teknicor, its resellers, agents, or affiliates, you agree that any such party may collect, use, or disclose your Personal Information for the purposes listed on the Site from time to time and for any purpose otherwise permitted or required by law. You permit Teknicor to collect and store your Personal Information to provide information you request and to send you information related to Teknicor's business, including, without limitation, opportunities to access our premium content and events, that we feel you might interest you. Teknicor reserves the right to use Personal Information internally, and to share aggregated and anonymized information externally, for statistical or demographic purposes. Teknicor takes physical, organizational and technological measures to safeguard your Personal Information against unauthorized access, disclosure, copying, use, or modification. Teknicor retains Personal Information for as long as necessary to fulfill the purposes for which it is collected or as required by law. For additional information on how: (i) your Personal Information is collected, used and disclosed by Teknicor in connection with your use of the Site; (ii) to access your Personal Information held by Teknicor; (iii) to make corrections or deletions in respect of your Personal Information; or (iv) to make a complaint about Teknicor's Personal Information handling practices, please contact Steven Fenster, CFO at steven_fenster@teknicor.com. You agree that we may provide your Personal Information to legal, financial, or other professional advisors or in connection with the sale or reorganization of all or part of Teknicor's business or operations. Unless otherwise agreed in writing by Teknicor, all information provided by you, including, without limitation, any comments or opinions you may provide to Teknicor through the Site, is provided on a non-confidential basis and becomes the exclusive property of Teknicor, and you expressly consent to the unrestrained use of all such information by Teknicor.

Login Credentials

Extranet Participants authorized by Teknicor to access or use the Extranet System will obtain unique login credentials. Extranet Participants agree to keep their login credentials confidential and not to disclose their login credentials to any other person. If Teknicor authorizes an Extranet Participant to be an administrator of a service hosted on the Extranet System, then the Extranet Participant may provide other persons from its organization with access to or use of the Extranet System. The Extranet Participant who provides other persons with access to or use of the Extranet System remains responsible and accountable for ensuring that such persons comply with these Terms of Use. Extranet Participants shall inform Teknicor when any person's authorization to access or use the Extranet System should be revoked.

Intellectual Property

This Site and all intellectual property rights in the Site (including, without limitation, any Data) are owned by Teknicor or its suppliers. Teknicor and its suppliers reserve all intellectual property rights (including, without limitation, all copyright, trade-marks, domain names, design rights, database rights, patents, and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. Nothing in these Terms grants you any rights in the Site other than as necessary to enable you to access the Site. “TEKNICOR”, Teknicor's logo, as displayed on the Site and all other distinguishing words or logos relating to Teknicor are trade-marks or registered trade-marks of Teknicor and may not be used without the prior written consent of Teknicor.

Governing Law and Venue

These Terms and your use of the Site shall be governed by and interpreted in accordance with the laws of the Province of Ontario and applicable Canadian federal laws, excluding rules of private international law that lead to the application of the laws of any other jurisdiction. The courts of Ontario shall have the non-exclusive jurisdiction to hear any matter arising in connection with these Terms.

Entire Agreement

These Terms constitute the entire agreement between you and Teknicor with respect to the Site, the information contained therein, and any information obtained through the Site by communication with Teknicor personnel. If any part of these Terms is unenforceable, the enforceability of any other part of these Terms will not be affected.

Unsolicited Ideas Policy

Teknicor depends primarily upon its employees and retained consultants to generate ideas. Because of complex legal issues associated with unsolicited idea submission, involving matters such as intellectual property rights and confidential relationships, it is Teknicor’s policy to consider an unsolicited idea only when it is the subject matter of an issued patent or a publicly available patent application. Please do not otherwise submit any unsolicited ideas, suggestions or other works in any form to Teknicor, its subsidiaries, or any of its employees and directors. We hope that you appreciate the purpose of this policy is to avoid potential misunderstandings or disputes when Teknicor products might seem similar to ideas submitted to Teknicor. If, despite our request that you do not send us your ideas, you still submit them, then regardless of what your letter says the following terms shall apply to your submissions.

Terms of Unsolicited Idea Submission

You agree that: (1) the unsolicited idea is considered a confidential disclosure of Teknicor unless Teknicor deems otherwise; (2) the unsolicited idea is deemed to be the exclusive property of Teknicor; and (3) Teknicor can use the unsolicited idea for any purpose, in any way, and even disclose it to others, and with no obligation to provide you with any compensation and with no other obligations. Teknicor shall not be liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with use or disclosure of any unsolicited ideas.

Minors

This Site is intended for and directed to adult persons over the age of 18 years, the age of majority in the Province of Ontario. Teknicor will not knowingly collect Personal Information about a minor under the age of 18.