Terms and Conditions of the Site

This Terms of Use Agreement (the "Agreement") governs your access and use of the website located at www.nationaltradeshowreporter.com and owned and operated by Seekville Inc. ("SI") (collectively, the "Site").  SI owns and operates the listings, press releases and other services located on the Site.  In consideration for your right to access and use the Site, you agree as follows:

IT IS IMPORTANT THAT YOU READ ALL OF THE TERMS AND CONDITIONS CAREFULLY.

1. Acceptance of Terms
By accessing and continuing to use the Site, you are indicating your acceptance of the terms and conditions of this Agreement.  If you do not accept these terms and conditions, you must not access or use the Site.  Additional terms and conditions may also apply depending on the product or service used or purchased while visiting this Site.

2. Modifications and Notices
SI may revise this Agreement, at any time, by updating this posting.  SI may give notice to our users of such changes to this Agreement by means of a general notice on the Site.  Continued use of the Site after such changes are posted will signify your agreement to these revised terms.  You should visit this page periodically to review this Agreement.  

3. Ownership
All resources and materials displayed or otherwise accessible on the Site, including without limitation, news articles, text, photographs, images, illustrations, graphics, icons, multimedia clips, code (collectively, "Resources") and the selection and arrangement of the contents of the Site are protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws.  SI either owns the intellectual property rights, including copyright, or has acquired the necessary rights and/or licences, in the Resources contained in the Site.  Portions of the Resources may have been licenced to SI and/or published on the Site by third parties.  Any reproduction, modification, publication, transmission, transfer, sale, distribution, performance, display or exploitation of the Site or Resources, whether in whole or in part, without the express written permission of SI is strictly prohibited. 
4. Limited Licence
Subject to the terms and conditions of this Agreement, you are granted a limited licence to access, view and use the Site, including a limited licence to download, print and store single copies of Resources from the Site, for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such items.  Such Resources must not be reproduced, republished, or disseminated in any manner or form without the prior written consent of SI.

5. Children
Minors in the country, province or state in which they live can only use the Site with the approval of a parent or guardian.

6. Automated Requests and World Wide Web Robots/Crawlers
Access to the Site is restricted to conventional non-accelerated browsers.  So-called web-accelerator products such as NetjJet, NetSonic, MSIECrawler and Teleport-Pro are not permitted.  If you are using a product or browser feature that claims to significantly speed up page downloads, it is most likely a web-accelerator and must not be used while browsing the Site.  Web-accelerators consume vast amounts of bandwidth and server resources.  We are able to detect use of these through live log file analysis and we act quickly to ban all future connections by offending users.
Robots and crawlers need to follow the robot guidelines (found at http://www.robotstxt.org/wc/guidelines.html) (the "Guidelines").  Robots that ignore the Guidelines are easily detected and will be banned.  If you are using a robot/crawler to check links on the Site, you are responsible for ensuring that it operates according to the Guidelines.  Please take special care to ensure that new robots are not left unattended.  One minute is the minimum safe interval between automated requests.
[NTD:  Brian, I borrowed this wording from the existing website terms of use; not sure if it reflects the client's current practices/expectations.]

7. Submissions
You are welcome to post, transmit or submit messages, opinions or other content, including, but not limited to text, photographs, images, illustrations, graphics or multimedia clips (collectively, "Messages") to our polls or forums, to interact with SI and other users within, or in connection with, the Site (collectively, the "Forums").  SI accepts no responsibility whatsoever in connection with, or arising from, such Messages.  SI does not endorse, and has no control over, the content of Messages submitted by users to the Forums.  Messages submitted to the Forums are not necessarily reviewed by SI prior to posting and do not necessarily reflect the opinions or policies of SI.  SI makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages or other Resources in the Forums.  Nonetheless, SI reserves the right to prevent you from submitting Messages to Forums and to edit, restrict or remove such Messages for any reason at any time.  SI assumes no responsibility for actively monitoring the Forums for inappropriate Messages.  If at any time SI chooses, in its sole discretion, to monitor the Forums, SI nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the users submitting any Messages.  In submitting Messages to the Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended.  You agree that SI accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages.  You also agree to permit any other user of the Site to access, view, store or reproduce your Messages for that other person's personal use and not to restrict or inhibit the use of the Site by any other person.
While using the Site, you will comply with all applicable laws, rules and regulations.  In addition, SI expects the users of its Site to respect the rights and dignity of others, and use of the Site is based on the following rules of conduct.  You will not:
(a) post, transmit, or otherwise make available any Messages that are or may be (i) threatening, harassing, degrading, hateful, or intimidating; (ii) defamatory; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic, or otherwise objectionable; (v) an infringement of another person's privacy by disclosing the personal information of another individual, including without limitation, an individual's address, phone number, e-mail address or credit card number; or (vi) information protected by copyright, trademark, trade secret, or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret or other proprietary right;
(b) post, transmit, or otherwise make available any Messages that may violate the proprietary rights of any third party, including, without limitation, copyrighted software, music, photographs, text, videos or artwork;
(c) use the Site in a manner that will violate or solicit the violation of any applicable local, provincial, national or international law;
(d) use the Site to post, transmit, or otherwise make available any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offence; or that encourages or provides instructional information about illegal activities, or activities such as hacking;
(e) post, transmit, or otherwise make available any Messages that would violate another person's privacy or other rights or collect information about users of the Site;
(f) impersonate any person or entity, including, but not limited to, any SI representative; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make, without our prior written consent;
(g) post, transmit, or otherwise make available any virus, worm, trojan horse, easter egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, server or telecommunications equipment;
(h) interfere with or disrupt the Site; or
(i) post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", investment opportunity, or any other form of solicitation.
You agree that any Messages whatsoever submitted by you becomes the property of SI and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as SI sees fit.
Any person who has been found repeatedly to violate the rules of conduct provided above shall be barred from submitting or posting any further Messages on the Site.

8. Registration
In order to use certain portions or features of the Site, you must become or be an Associate.  You will be required to create a username and password.  If we determine that the user name you have chosen is in use by someone else or it is otherwise offensive, we may refuse to allow you, in our sole discretion, to use your chosen user name.  In addition, you are responsible for maintaining the confidentiality of your password and you are responsible for all uses of your username, whether or not you authorize such uses.  You agree to notify SI of any unauthorized use of your username and password.  SI is not liable for any loss or damage as a result of your failure to protect your password.

9. User Disputes
You are solely responsible for your interactions with other users of the Site, specifically on the forums.  SI reserves the right, but has no obligation, to monitor disputes between you and other users of the Site.

10. Privacy  and Cookies
You agree that your use of the Site, in addition to this Agreement, will be subject to its Privacy Policy, the terms of which are set out at http://www.nationaltradeshowreporter.com/20.0.asp. Your access to and continued use of the Site constitutes your acceptance and compliance with the Privacy Policy. 

This Site may use cookies to use and store information that is generated by you while you visit and interact with the Site.  These cookies may persist from session to session.

SI may collect personal information and personal health information (collectively referred to as "Personal Information") about you from your interactions with us, your orders or from the preferences you have indicated.  This information will be stored in a profile ("Associate Profile").

YOU MAY ACCESS, CHANGE, CORRECT OR DELETE YOUR OWN PERSONAL INFORMATION STORED BY SI BY ACCESSING AND EDITING YOUR ASSOCIATE PROFILE. 

11. Links
This Site includes links to other Internet sites solely as a convenience to its users.  SI does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites.  Furthermore, SI makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites.  Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user's own risk.

Information you obtain using the Site has many sources, which do not originate from SI.  SI makes no express or implied warranties regarding the accuracy of such information.  Access and use of such information is solely at the user's own risk.

12. Linking
To request permission to link to the Site, please contact [INSERT E-MAIL ADDRESS].  SI reserves the right to cancel and revoke any permission it may give to link to the Site at any time, for any reason, without any notice, and without any liability to you or any other person.

13. Online Commerce
The Site may allow you to purchase products online that are provided by SI ("Products").  When ordering Products on the Site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address, as well as any other information requested.  SI will rely on the information you provide.  You will be solely responsible and liable for any and all loss, damage, and additional costs that you, SI or any other person may incur as a result of your submission of any false, incorrect or incomplete information.  [NTD:  Not sure if we want to include this & other "products" related clauses; is this simply a service, or do they offer things for sale, too?]

14. Products' Availability, Orders, Pricing, Misprints and Errors
SI makes reasonable efforts to provide current and accurate information on the Site. Nevertheless, misprints or other errors may occur.  Accordingly, SI reserves the right to change the prices, fees and charges regarding the Products available through the Site at any time, and from time to time, without any notice or liability to you or any other person.  Also, SI cannot guarantee that the Products advertised on the Site will be available when ordered or thereafter.  SI also reserves the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever.  If you order Products for which the price was incorrectly displayed, SI will provide you with an opportunity to place an order at the correct price.  If you order Products that are not available, SI or the applicable NSP will notify you by e-mail.  SI reserves the right to limit quantities sold.

[The advertisements on the Site are invitations for orders, and are not offers to sell.  Your properly completed and delivered order form constitutes your offer to purchase the Products referenced in your order.  Your order shall be deemed to be accepted only if and when SI sends both an order acceptance and shipment notice e-mail to your e-mail address.  The order acceptance and shipment notice e-mail constitute SI's acceptance of your order.  If you wish to cancel an order, you may request a cancellation by sending an e-mail to [INSERT E-MAIL ADDRESS].  However, SI may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective.]

[NTD: THE ABOVE BRACKETED PORTION IS A SUGGESTION; THE LANGUAGE WILL ULTIMATELY DEPEND UPON YOUR PROCESS FOR OPERATING THE SITE.]

15. Product Agreements
All transactions through the Site, including the ordering of Products, are governed by this Agreement and any applicable terms pertaining to the transaction, including, without limitation, our shipping and return policies.  By using the Site or by participating in a transaction through the Site, you signify your agreement and acceptance of this Agreement and, if applicable, our shipping and return policies.

16. Contests
At its sole discretion, SI may make games or other contests (collectively, "Contests") available to users of the Site and others.  All Contests are governed by this Agreement and the applicable rules posted on the Site governing a user's participation in each of the respective Contests (hereinafter referred to as "Contest Rules").  By participating in a contest through the Site, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.

17. Disclaimer
Access to the Site and the Resources provided on the Site are provided "as is" and without warranties of any kind either express or implied.  By accessing and using the Site, you acknowledge and agree that it is entirely at your own risk.  SI makes no representation or warranties regarding the Site, Resources and Messages, including, without limitation, that the Resources or Messages provided will be accurate, complete, correct, timely or suitable, that any Products contained on or made available through the Site are of merchantable quality or fit for a particular purpose, that the Site will be available at all times or that the Site will be free from errors, viruses or other harmful components.  SI is not responsible for any Resources, Messages or other information on the Site or any linked site that you may find offensive, undesirable or objectionable.  Further, SI specifically disclaims any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of third party information.  To the fullest extent permissible pursuant to applicable law, SI disclaims all warranties, express or implied, including, but not limited to, warranties and conditions regarding use of the Site, including all implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice. 

18. Limitation Of Liability
ALTHOUGH THE SITE MAKES EVERY REASONABLE EFFORT TO USE THE MOST SECURE FORM OF PROTECTION, WE CANNOT GUARANTEE THAT PERSONAL INFORMATION, INCLUDING ANY TRANSACTIONS ON THIS SITE OR ON THE INTERNET WILL BE CONFIDENTIAL AND SECURE.  THE USE OF THE SITE IS AT YOUR OWN RISK AND SI ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO YOUR USE OF THE SITE, OR THE RECEIPT, STORAGE OR TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION. 

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL SI, ITS OFFICERS OR DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNTIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER ARISING, CAUSED, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF, OR INABILITY TO USE, THE SITE, ANY ACCURACY, INCOMPLETENESS, OR INCORRECTNESS CONTAINED IN THE RESOURCES DISPLAYED, ACCESSED OR USED ON THE SITE, OR YOUR RELIANCE OR ACTING UPON THE RESOURCES ON THE SITE, INCLUDING, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OF PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT, IN EQUITY, AT LAW OR OTHERWISE AND WHETHER OR NOT SI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

19. Indemnity
You agree to indemnify and hold SI, its officers, directors, subsidiaries, affiliates, employees, representatives, agents, licensors and their respective successors and assigns harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Messages you submit, post to or transmit through the Site, your use of the Site, including the purchase and use of any Products you may purchase from the Site, your connection to the Site, your violation of the law, this Agreement or the rights of another.

20. Trademarks
Certain words, phrases, names, designs or logos on the Site may constitute trademarks, services marks, or trade names of SI or others.  The display of such marks on the Site does not imply that you have been granted a licence by SI or other entities with respect to them.

21. International Matters
Unless otherwise specified, the Resources in the Site are presented solely for the purpose of promoting products available in Canada and its territories.  We make no representation that the Site, its Resources or Messages on the Site are appropriate or available for use in any particular location.  Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent that such local laws are applicable.

22. Termination
If you breach any provision of this Agreement, you may no longer use the Site.  SI may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Site, all without any notice or liability to you or any other person.  The provisions of Sections , , , ,  or  of this Agreement shall survive any termination of this Agreement.

23.Enurement
This Agreement shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators and other legal representatives and their respective successors (including any successor by reason of amalgamation of any party) and permitted assigns.

24. Miscellaneous
The failure of SI to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  These terms shall be governed by and construed in accordance with the laws of the Province of Manitoba, and the laws of Canada applicable therein shall govern the as to the interpretation, validity and effect of this Agreement, notwithstanding any conflict of law provision or your domicile, residence or physical location.  You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Manitoba in any action or proceeding arising out of or relating to this Agreement.  If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity or enforceability of any remaining provisions.  This Agreement may not be transferred or assigned by you but may be assigned by SI without restriction.