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TERMS OF USE

Welcome to www.kbsp.ca (the "Website").  The following are terms of a legal agreement between you, the user or viewer of this Website, and KBS+P Canada LP KBS+P Canada Sec.  ("KBS+P"), the owner of this Website.

 

  1. By accessing, browsing and/or using this Website, you acknowledge that you have read, understood and agree to abide by and comply with all terms, conditions and notices contained in or referenced by the terms and conditions of use set out on these pages ("Terms of Use"). KBS+P reserves the right, in its discretion, to change these Terms of Use and to post such changed Terms of Use on this Website without notice. If you do not agree to these Terms of Use, please do not use this Website. You shall be solely responsible for checking the Terms of Use periodically for changes. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

     

  2. You shall not use, nor permit others to use, this Website in a manner or for a purpose contrary to these Terms of Use. You may not use this Website in any manner which could damage, disable, overburden, or impair this Website (or the network(s) connected to such Website) or interfere with any other party's use and enjoyment of this Website.

     

  3. ALL MATERIALS, INFORMATION AND OTHER CONTENT CONTAINED IN THIS WEBSITE, OR OBTAINED FROM A LINKED SITE IS PROVIDED TO YOU "AS IS" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. KBS+P HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS WEBSITE; HOWEVER, KBS+P ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL KBS+P BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. FOR GREATER CERTAINTY, KBS+P MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE AND THE CONTENT THEREON, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEBSITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (I) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (II) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (III) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE OR NOT INTERCEPTEDIT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND BY ACCESSING AND USING THE WEBSITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

     

  4. YOU SPECIFICALLY AGREE THAT KBS+P SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. YOU SPECIFICALLY AGREE THAT KBS+P IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT KBS+P IS NOT RESPONSIBLE FOR ANY CONTENT INCLUDED IN THIS WEBSITE BY ANY THIRD PARTY.

     

  5. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL KBS+P, ITS AFFILIATES, RELATED COMPANIES, PARENT, LIMITED OR GENERAL PARTNERS OR LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OFFICER, MANAGER, DIRECTOR OR AGENT OF ANY OF THE FOREGOING, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE, WHETHER OR NOT KBS+P HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

     

  6. IN NO EVENT SHALL KBS+P, ITS AFFILIATES, RELATED COMPANIES, PARENT, LIMITED OR GENERAL PARTNERS OR LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OFFICER, MANAGER, DIRECTOR OR AGENT OF ANY OF THE FOREGOING, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100) EVEN IF KBS+P HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

     

  7. The information contained on the Website is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.

     

  8. All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software ("Software") is protected by copyright and may be protected by other rights. All such Software is owned by KBS+P, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software. Nothing contained in the Website shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Web site or made available for download from the Website, including, but not limited, to any intellectual property rights in the Software. All Software embedded or integrated into the Web site is provided "As Is", without warranties of any kind, either expressed or implied, including, without limitation, any warranty (a) that the Software is of merchantable quality or is fit for any particular purpose; (b) that the Software will conform with any specification(s) relating to the Software; (c) that the Software will be free from material defects; (d) that the Software contains no computer viruses or other contaminants; or (e) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.

     

  9. This Website contains information which is owned or licensed to KBS+P.  Other than the information provided by our customers, all contents of this Website are © 2011 KBS+P Canada LP KBS+P Canada Sec. All rights reserved.

     

  10. As this Website may be accessed globally.  The jurisdiction (location) you choose to access this Website is on your own initiative and you are solely responsible for complying with all applicable local use controls, laws and regulations relating to the location you use to access this Website, including those relating to the transmission of technical data exported from or imported to Canada or the country in which you reside. Notwithstanding the foregoing, KBS+P makes no representation of any kind that materials on this Website are appropriate or available for use in locations outside the Canada and accessing them from jurisdictions where their contents are illegal is prohibited.

     

  11. This Website may contain links to third party websites ("Linked Sites") which are provided for your convenience to provide further information. The Linked Sites are not under the control of KBS+P, and KBS+P is not responsible for the contents of any Linked Site, including without limitation the accuracy, copyright compliance, legality, decency, links or any other aspect of the Linked Sites. You are solely responsible for viewing and complying with the terms of use and privacy policies posted at the Linked Sites. KBS+P is not responsible if the Linked Site is not working properly nor is KBS+P responsible for any form of transmission received from any Linked Site nor is KBS+P responsible. Such links do not imply KBS+P's endorsement of the website or any association with its operators.

     

  12. From time to time, you may be requested to provide KBS+P with personal information. Such personal information is subject to KBS+P's privacy policy which is set out at the following link.

     

  13. All demands, notices, communications and reports required under these Terms of Use shall be in writing and shall be either personally delivered or sent by reputable overnight courier services (delivery charges prepaid) to KBS+P at the address specified below or sent by e-mail or facsimile transmission, as reflected below, with confirmation to the number specified below:

     

    Leigh Reynolds
    Vice President, Director of Production
    BABYROBOT
    KBS+P Canada
    2 Bloor Street East, 26th Floor
    Toronto, Ontario, M4W 3J4
    Tel: 416.323.2544
    Mobile: 416.721.2844
    Facsimile:  416 260 7100
    Leigh.reynolds@kbsp.ca

     

  14. The Website (excluding Linked Sites) is controlled by KBS+P from its offices within the Province of Ontario, Canada. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the content, including without limitation the provisions of this Terms of Use, shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

     

  15. No joint venture, partnership, employment, or agency relationship exists between you and KBS+P as a result of this agreement or use of this Website. It is the express will of the parties that this agreement and all related documents have been drawn up in English.  Notwithstanding any other provision set out herein, KBS+P reserves the right, in its sole discretion, to terminate your access to this Website or any portion thereof, for any reason without notice.