PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
W
e maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information, services from this site.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to participating to the competition.
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of participation to the competition. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions have been violated, or other abuses have occurred as determined by Octane in its sole discretion. If membership has been revoked, Octane reserves the right to refuse application or readmission to the membership program.
4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use.
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
8. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.
9. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
10. Privacy Policy. Our Privacy Policy fl ìMake ìPrivacy Policy a hyperlink to your privacy policy pageî, as it may change from time to time, is a part of this Agreement.
11. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
12. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF ìTHE COUNTY OF WHICH YOUR COMPANY RESIDESî, Canada OR THE UNITED STATE DISTRICT COURT FOR THE DISTRICT OF Canada . YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT MONTREAL , Canada OR THE DISTRICT OF QUEBEC IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by ì Octane î, a wholey owned subsidary of Octane of Canada, As such, the laws of Canada will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
13. Lapsed Accounts: In order to keep Octane membership roster current, if a Member does not access his or her account for a period of 180 days or more, Octane may, in its sole discretion, terminate such Member's account. Octane will endeavor to notify a Member of Octane intent to terminate such Member's account by notice to such Member's provided email address at least 180 days prior to deactivation. If the Member fails to respond to such email notice with 180 days after the day it is sent by Octane, such Member's account will be terminated as noted above. Therefore, Octane strongly recommends that all Members keep their accounts and contact data current and in use. While Octane desires to prevent active accounts from being terminated prematurely, Octane has no obligation to maintain accounts that appear to Octane to have been abandoned. Each Member agrees that failure to access his or her account for 180 days or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.
14. Verify Members' Address: Octane reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from Octane.