Winfund Corporation ("Winfund") makes available to you the website located at www.krawec.com ("Website") subject to your acceptance of and compliance with these Legal Terms and Conditions ("Terms"). By accessing or using the Website you are agreeing to and accepting these Terms. If you do not agree with these Terms do not access or use the Website.
We reserve the right to modify these Terms at any time without prior notice by posting such modifications on the Website. Your continued access or use of the Website after such modifications have been posted shall indicate your acceptance of and agreement to be bound by these Terms as modified. It is your responsibility to review regularly these Terms.
Conditions of Use
Except as may be expressly authorized by Winfund, any reproduction, modification or distribution of the Website materials or content, in whole or in part, is strictly prohibited. We reserve the right to modify, change, discontinue or suspend the Website in whole or in part, at any time, without prior notice to you. Winfund or any of its respective employees, agents, officers, directors or service providers shall not be liable to you or any third party should we exercise this right.
Accuracy of Information
While Winfund makes reasonable efforts to ensure that the information provided through the Website is current and accurate, we makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information. Information posted to the Website was believed to be accurate at the time it was posted, but may be superceded by subsequent disclosures.
Links on this Website may lead to other websites ("Linked Sites"). Independent parties over whom Winfund has no control maintain the Linked Sites. Winfund makes no representations or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites, including the goods or services sold or made available. Winfund disclaims all liability and responsibility for the content of the Linked Sites. Nothing in these Terms grants you any rights or authorization with respect to any Linked Sites.
Software Available on the Website
Software that is made available to download from the Website is the copyrighted work of Winfund or third party vendors. Your use of the software is governed by the terms of the end user license agreement that accompanies or is made available with the software. You may not install or use the software unless you first agree to the terms and conditions of the license agreement.
Winfund or its service providers own all right, title and interest in the Website and you acquire no interest therein. The materials provided on the Website including, without limitation, all content, Website design, text, graphics and the selection and arrangement thereof are protected by copyright. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited. Nothing in these Terms or your use of the Website shall grant you any rights in or to the intellectual property or proprietary rights of Winfund or any third party. You may not frame this Website or link to this Website without our express permission.
Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this Website may constitute trade names, trademarks or service marks of Winfund, or the use of which may have been licensed to them. The display of trademarks, trade names or service marks on pages at this Website does not imply that a license of any kind has been granted to anyone else. The names of other companies, products or services referred to on the Website may be trademarks or trade names of their respective owners. Any unauthorized use of the trademarks or trade names of Winfund or of third parties is strictly prohibited.
Winfund hereby grants to you a licence to download one copy of materials published by Winfund on this Website on any single computer for your personal, non-commercial use only, provided you do not remove or alter any copyright or other proprietary notices.
Compliance with Laws
In addition to complying with these Terms, you agree to use the Website, Linked Sites and services available on or through the Website and Linked Sites for lawful purposes only and in a manner consistent with local, national or international laws and regulations. You may not use the Website or Linked Sites in any manner that could damage, disable, overburden, or impair the Website or Linked Sites or interfere with any other party's use or enjoyment of the Website or Linked Sites.
Disclaimers, Limitations of Liability and Indemnification
You understand and agree that:
Use of the Website is at your sole risk. The Website is provided on an "as is", "as available" basis. Winfund and its service providers do not warrant that the Website shall be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability or content of any information available on or through the Website.
Use of any Linked Site is entirely at your own risk. Hyperlinks from the Website to any Linked Site do not imply an endorsement of the Linked Site or any goods, services or information provided through the Linked Sites.
The downloading of material from the Website or Linked Sites is done at your own risk. Winfund does not guarantee or warrant that such materials are free of viruses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of the Website or any Linked Site.
You should not rely on any opinion or other information set out in the Website or any website accessible through the Website when making business, financial, personal or other decisions. Winfund and its service providers do not endorse the opinions of any third party expressed on the Website or any website accessible through the Website.
Limitations of Liability. In no event shall Winfund be liable for any
- indirect, consequential, incidental, special, compensatory or punitive damages,
- damages for loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property,
- claims of third parties, or
- other pecuniary loss, arising out of or related to these Terms, the Website or any Linked Site. In no event will the cumulative liability of Winfund and its service providers arising out of or related to these Terms exceed Cdn. $1.00. To the extent that some jurisdictions do not allow exclusions or limitations on some categories or damages, these exclusions or limitations may not apply to you.
Scope of Limitations and Disclaimers. The disclaimer or warranties and limitations of liability set out herein shall apply regardless of the causes circumstances or form or action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach or contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if Winfund and its service providers are advised of the possibility of the loss, damage, claim or liability.
Indemnity. You agree to indemnify and hold Winfund and its service providers harmless from and against any and all claims, liabilities, damages, demands, losses or expenses (including all legal fees) arising out of your breach of these legal terms and conditions.
The laws of the Province of Alberta and any applicable federal laws of Canada shall govern your use of the Website. The courts of the Province of Alberta shall have exclusive jurisdiction over any dispute arising out of your use of this Website.
These Terms, any and all other notices, policies and statements contained on the Website constitute the entire agreement between Winfund and you. These Terms cannot be modified except as described elsewhere herein. These Terms supercede anything in the Website inconsistent with these Terms. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If in any jurisdiction, any part of these Terms is held to be unenforceable by a court of competent jurisdiction, such part of these Terms shall be restricted or eliminated to the minimum extent necessary and the remaining Terms shall otherwise remain in full force and effect.
Last updated: March 20, 2005