Legal Terms

Welcome to the Solucore, Inc. ("Solucore") web site (the "Web Site"). Please review the following terms and conditions concerning your use of the Web Site. By accessing, using or downloading any materials from the Web Site, you agree to follow and be bound by these terms and conditions (the "Terms") as stated below and as may be amended or updated by Solucore at any time without notice. You should visit this page periodically to review the then current Terms. If you do not agree with these Terms, please do not use this Web Site. The Terms constitute the entire agreement between Solucore and you with respect to your use of this Web Site. Solucore may, at its sole discretion, terminate your access to this Web Site at any time without notice.

GENERAL USE PROVISIONS
All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by Solucore or by their respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Solucore and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Solucore or the Third Party Provider. Also, you may not "mirror" any Materials contained on this Web Site on any other server without Solucore's prior express written permission.
Except where expressly provided otherwise by Solucore, nothing on this Web Site shall be construed to confer any license to you of any of Solucore's or any Third Party Provider's intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Solucore. Solucore does not in any way endorse or approve the Third Party Provider’s Materials and makes no representations or warranties regarding same. Solucore does not provide, sell, license, or lease any of the Materials other than as expressly provided herein.
Solucore hereby grants you permission to display, copy, distribute and download Solucore's Materials on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain or for any other purpose whatsoever; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any and all downloaded or printed Materials and all copies or reproductions of same, in whatever form, and you agree to immediately cease use of all such Materials and all information contained in such Materials.
Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

FORWARD-LOOKING STATEMENTS
This Web Site may contain forward-looking statements that involve risks, uncertainties and assumptions. If any of these risks or uncertainties materializes or any of these assumptions proves incorrect, the results of Solucore and its consolidated subsidiaries could differ materially from those expressed or implied by these forward-looking statements. All statements other than statements of historical fact are statements that could be deemed forward-looking statements, including, without limitation, any projections of earnings, revenues, callbacks, meantime between calls, or other mandated maintenance requirements; any statements of the plans, strategies and objectives of management for future operations; any statements concerning proposed solutions, services, developments or industry rankings; any statements regarding future conditions or performance; any statements of belief and any statements of assumptions underlying any of the foregoing.
The risks, uncertainties and assumptions referred to above include, but are not limited to, risks associated with e-volve™ the eBusiness software application; risks associated with customer and partner relations, such as risks associated with eBusiness applications and systems, the availability of Solucore products and services, customer implementation of products and services and relationships with customers, third-party vendors, systems integrators and other partners; the ability of Solucore to retain and motivate key employees and to successfully manage growth; risks associated with new versions and new products and the need to continue to expand product distribution and services offerings. Further information on potential factors that could affect the financial results of Solucore are included in its Annual Report. Solucore assumes no obligation and does not intend to diligently update these forward-looking statements.

LINKS TO THIRD PARTY SITES
This Web Site may contain links to web sites controlled by parties other than Solucore. Solucore is not responsible for and does not endorse or accept any responsibility or liability for the contents or use of such third party web sites. Solucore is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Solucore of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature. If you decide to access any of the third party sites linked to this Web Site, you do so entirely at your own risk. In no event shall Solucore be liable for any damage, loss, cost or expense incurred or sustained by you arising from your use of any links on this Web Site to any third party web sites.
SOLUCORE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

THIRD PARTY PUBLICATIONS
Solucore has not co-authored, ratified, endorsed or adopted the information contained in any Materials or publications provided by the Third Party Providers notwithstanding that Solucore may have published or referenced such Materials or publications on this Web Site. Solucore makes no representations or warranties regarding the reliability of or accuracy of such Materials and publications and same have not been verified, independently reviewed, tested, certified or authenticated by Solucore in any way whatsoever.

THIRD PARTY STATISTICS
Solucore has not co-authored, ratified, endorsed or adopted any statistics provided by third parties by publishing or referencing them on this Web Site. Solucore makes no representations or warranties regarding the reliability of or accuracy of such statistics and such statistics have not been verified, independently reviewed, tested, certified or authenticated by Solucore in any way whatsoever.

SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from this Web Site ("Software") is the copyrighted work of Solucore and/or Third Party Providers. Use of the Software is governed by the Terms and the end user license agreement, if any, that accompanies or is included with the Software ("License Agreement"). Anyone (“end user”) who downloads, installs, copies or uses the Software hereby acknowledges and agrees to be bound by all of the terms and conditions of the Terms and the License Agreement . The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the Terms and/or the License Agreement is a fundamental breach of the Terms and/or the License Agreement and is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
THERE ARE NO REPRESENTATIONS OR WARRANTIES MADE BY SOLUCORE OR THE THIRD PARTY PROVIDERS REGARDING THE SOFTWARE EXCEPT AS EXPRESSLY PROVIDED IN THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, SOLUCORE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

SUBMISSIONS
Except where expressly provided otherwise by Solucore, all comments, feedback, information or materials submitted to Solucore through or in association with this Web Site ("Submissions") shall be considered non-confidential and Solucore’s property. By providing such Submissions to Solucore, you agree to assign to Solucore, at no charge, all worldwide rights, title and interest which you may have to such Submissions including, without limitation, any and all copyrights and other intellectual property rights. Solucore shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Solucore, have full responsibility for the Submissions, including their legality, reliability, appropriateness and originality. You agree not to post, upload, publish, reproduce, transmit, use or otherwise distribute information or material on this Web Site that: (1) is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party’s intellectual or privacy rights; (2) constitutes or encourages conduct that would constitute a criminal offence or give rise to civil liability; (3) is protected by copyright or other intellectual property right, or derivative works thereof, without first obtaining permission of the copyright holder; or (4) is contrary to law or Netiquette, or which would adversely impact use of this Web Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components.

DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY SOLUCORE, THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS", AND SOLUCORE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. SOLUCORE MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE. YOU SHOULD NOT ASSUME THAT THE MATERIALS ON THIS WEB SITE ARE CONTINUOUSLY UPDATED OR OTHERWISE CONTAIN CURRENT INFORMATION.

LIMITATION OF LIABILITY
SOLUCORE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED OR INCURRED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS OR ANY INFORMATION CONTAINED ON THIS WEBSITE OR ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY OTHER WEBSITES WHICH MAY BE LINKED TO THIS WEBSITE. IN NO EVENT SHALL SOLUCORE BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE OR ANY LINKED WEB SITE, EVEN IF SOLUCORE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST SOLUCORE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD SOLUCORE AND ITS RELATED COMPANIES HARMLESS FROM AND AGAINST, AND YOU COVENANT NOT TO SUE SOLUCORE OR ITS RELATED COMPANIES FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OR PERFORMANCE OF THIS WEB SITE.

INDEMNITY
You agree to indemnify, defend and hold Solucore and its related companies harmless from and against any and all claims, liabilities, damages, losses, costs or expenses (including reasonable attorney's fees and costs) which may be made against Solucore or its related companies arising out of, based on or in connection with your violation of these Terms by you or users of your account or in connection with the access and/or use of this Web Site and/or the Materials or in connection with the placement or transmission of any information or other materials on this Web Site by you or users of your account.

LOCAL LAWS; EXPORT CONTROL
Solucore controls and operates this Web Site from its headquarters in various locations in Canada and makes no representations or warranties that these Materials are appropriate or available for use in other locations. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Web Site are solely directed to individuals, companies or other entities located in Canada and the United States of America. You agree to comply strictly with all Canadian and U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

GENERAL
This Web Site may include inaccuracies or typographical errors. Solucore and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. Solucore may periodically make changes to the Web Site. Any action related to these Terms will be governed by, construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. No choice of law rules of any jurisdiction will apply. You hereby agree that any dispute or action relating to these Terms or your use of this Web Site shall be resolved by the courts of the Province of Ontario and all courts competent to hear appeals therefrom and you hereby attorn to its jurisdiction. These Terms represent the entire understanding relating to the use of the Web Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Solucore has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Solucore.

INTELLECTUAL PROPERTY NOTICES
The trademarks, service marks and logos of Solucore and others used in this Web Site ("Trademarks") are the property of Solucore and their respective owners. You have no right to use any such Trademarks, and nothing contained in this Web Site or the Terms grants any right to use (by implication, waiver, estoppels or otherwise) any Trademarks without the prior written permission of Solucore or the respective owner.

No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by Solucore.
Solucore, the Solucore logo and/or other Solucore products referenced herein are trademarks of Solucore, Inc., and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
© Copyright 2001 - 2003 Solucore, Inc. All rights reserved.