APIRS - Awards Program International Rating Service

Site Use Agreement

Please read this agreement carefully. It governs your use of the apirs.com website and the services and goods provided through the website (collectively the "website"). It exempts Awards Program International Rating Service (“APIRS”), OTR Web Solutions (“OTR”) and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the website you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. If you do not agree with each provision of this agreement each time you use the website, you may not use the website.
Each time you use the website, the text of this agreement as it then reads will govern your use. Accordingly, when you use the website you should check the date of this agreement and review any changes since the last version.

This Agreement contains the following provisions:

1. Your Acceptance of this Agreement
2. Changes to this Agreement
3. Permitted Users and Access
4. Misprints and Errors, Product Availability, Prices, and Orders
5. No Advice or Solicitation
6. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
7. Login Names and Passwords
8. Termination of this Agreement and the website
9. Information Submissions
10. Ownership and Permitted Use of the website
11. Personal Information Privacy
12. Trade-mark Information
13. Other Sites
14. Linking and Framing the website
15. Postings and Unsolicited Submissions
16. Transaction Agreements
17. Software Agreements
18. Contests
19. Governing Law and Dispute Resolution
20. Other Matters
21. Use of the APIRS Forum

1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and APIRS and governs your use of the apirs.com website and its content and the services and goods provided through the website (collectively the "website"). Each time you use the website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, "person" includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the website.

2. CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend this Agreement in any manner. APIRS may, in its sole discretion, change, and supplement or amend this Agreement as it relates to your future use of the website from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the website.

3. PERMITTED USERS AND ACCESS
The website may be used by all person’s Internationally who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The website may not be used by persons in jurisdictions where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the website is lawful, and you must comply with all applicable laws.

4. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY, PRICES, AND ORDERS
APIRS endeavours to provide current and accurate information on the website. Nevertheless, misprints or other errors may occur. Accordingly, APIRS reserves the right to change the prices, fees and charges regarding the goods and services available through the website at any time and from time to time without any notice or liability to you or any other person. Also, APIRS cannot guarantee that goods or services advertised on the website will be available when ordered or thereafter. APIRS also reserves the right at any time to reject, correct, cancel or terminate any order. If you order goods or services for which the price was incorrectly displayed, APIRS will provide you with an opportunity to cancel your order. If you order goods or services that are not available, APIRS will notify you by email. APIRS reserves the right to limit quantities licensed and/or sold.
The advertisements on the website are invitations for purchase orders, and are not offers to sell. You’re properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order will be accepted only if and when APIRS sends an order acceptance email to your email address. If you wish to cancel an order, you may request a cancellation by sending an email to info@apirs.com However, APIRS 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.

5. NO ADVICE OR SOLICITATION
THE WEBSITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE WEBSITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING THE MATTERS ADDRESSED; ADVICE OR RECOMMENDATIONS; OR AN OFFER TO SELL OR BUY ANY PRODUCT OR SERVICE. YOU SHOULD SEEK PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THOUGH THE WEBSITE.

6. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
APIRS strives to make your use of the website a useful and enjoyable experience, and a safe and easy way to make reservations over the Internet. Nevertheless, APIRS and its service providers (the "Providers") do not accept any liability for your use of the website. For that reason, the following provisions apply to your use of the website:
DISCLAIMER
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY APIRS AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU (AND NOT APIRS OR THE PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEBSITE.
THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND APIRS CONTROL. THE OPERATION OF THE WEBSITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED.
APIRS IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEBSITE.
THROUGH YOUR USE OF THE WEBSITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. APIRS IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, APIRS AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEBSITE;
THE USE OF THE WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
AND APIRS AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSION
APIRS AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY APIRS OR ANY PROVIDER OR ANY PERSON FOR WHOM APIRS OR ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT APIRS OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
LIABILITY LIMITATION
IN NO EVENT WILL APIRS OR ANY OF ITS PROVIDERS' TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY APIRS OR ANY PERSON FOR WHOM APIRS IS RESPONSIBLE, EXCEED $20 (CDN) OR THE AMOUNT YOU PAID TO APIRS FOR THE USE OF THE WEBSITE, WHICHEVER IS LESS.
RELEASE
YOU HEREBY RELEASE, RAPIRSSE AND FOREVER DISCHARGE EACH OF APIRS AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF APIRS AND APIRS AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE website OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY APIRS OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.

7. LOGIN NAMES AND PASSWORDS
Website accounts may be accessed only by use of a unique login name and password. The use of a password does not restrict access by APIRS and its Providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized APIRS representative. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must log-out at the end of each session.
You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with this Agreement.
You must immediately notify APIRS of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
All login names and passwords remain the property of APIRS, and may be cancelled or suspended at any time by APIRS without any notice or liability to you or any other person. APIRS is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must respond promptly to all email and other correspondence from APIRS, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the website.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.

8. TERMINATION OF THIS AGREEMENT AND THE WEBSITE
If you breach any provision of this Agreement, you may no longer use the website.
APIRS may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the website or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.
APIRS 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 website and your user password, all without any notice or liability to you or any other person.
If this Agreement or your permission to use the website is terminated by you or APIRS for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the website and your purchases of goods and services through the website and anything connected with, relating to or arising from those matters.

9. INFORMATION SUBMISSIONS
All information you provide through the website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. You must also provide APIRS with updated registration information and payment information within 30 days of any changes.
APIRS 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, APIRS or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. APIRS may require a copy of a government-issued form of identification before making any changes to your registration information.

10. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The website and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the website are the property of APIRS, its Providers and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the website does not transfer to you any ownership or other rights in the website or its content. You may only use the website in the manner described specifically in this Agreement.
The website may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of APIRS. You may not use any of the software that is used in the operation of the website except while you are using the website. You may not reproduce, copy, duplicate, sell, or resell any part of the website (including the software used in the operation of the website) or access to the website.
The website is made available to you for your lawful use only. You may access and browse the website using commercially available, SSL-capable Web browser software. You may print or download the pages of the website for your personal use provided that you do not modify any of the website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.

11. PERSONAL INFORMATION PRIVACY
APIRS collects, uses, and discloses your personal information in accordance with this Site Use Agreement. APIRS may change this Site Use Agreement from time to time in its sole discretion. By accepting this Agreement, and each time you use the website, you consent to APIRS collection, use and disclosure of your personal information in accordance with this Site Use Agreement as it then exists without any further notice or any liability to you or any other person.

YOUR CONSENT

1. By using the Website, you signify your consent to APIRS collection, use, and disclosure of your personal information in accordance with this Policy.

INFORMATION AUTOMATICALLY COLLECTED

2. Non-Identifiable Information - Like many other Web sites, the Website automatically collects certain non-identifiable information regarding Website users, such as the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access the Website, the Internet address of the Web site from which you linked directly to the Website, the operating system you are using, the sections of the Website you visit, the Website pages read and images viewed, and the content you download from the Website. This non-identifiable information is used for Website and system administration purposes and to improve the Website. APIRS may also use non-identifiable information to initiate interactive, real-time discussions with users. Your non-identifiable information may be disclosed to others and permanently archived for future use.

3. Cookies - The Website uses "cookies", a technology that installs a small amount of information on a Website user's computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. For example, the information provided through cookies is used to recognize you as a previous user of the Website (so you do not have to enter your personal information every time), offer personalized Web page content and information for your use, track your activity at the Website to respond to your needs, and otherwise facilitate your Website experience. Advertisements displayed on the Website may also contain cookies or other technologies. Third party advertising companies may provide those advertisements, and APIRS does not have any control over, or any responsibility or liability for, the use and disclosure of information collected through advertisement cookies. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Website and your ability to access certain features of the Website or engage in transactions through the Website.

4. Tracking Information - APIRS may use non-personal information to create aggregate tracking information reports regarding Website user demographics, Website traffic patterns, and Website purchases, and then provide those reports to advertisers and others. None of the tracking information in the reports can be connected to the identities or other personal information of individual users. APIRS also may link tracking information with personal information voluntarily provided by Website users. Once such a link is made, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Policy.

PERSONAL INFORMATION YOU SPECIFICALLY PROVIDE

5. Your Personal Information - During your use of the Website, you may be asked to voluntarily provide certain personal information (such as your name, email address, postal address, telephone number, or credit card information) for purposes such as facilitating communications with you, applying for access to certain special features of the Website, or carrying out transactions. It is always your choice whether or not to provide personal information. If you choose not to provide requested personal information, you will not be able to use certain features of the Website and you will not be able to engage in transactions through the Website.

6. Use of Your Personal Information - APIRS may use your personal information to contact and correspond with you, to respond to your inquiries, to process transactions and payments, and to facilitate and enhance your use of the Website. APIRS may develop a confidential customer profile for you, which will be used to provide the very best service to you.

7. Email from APIRS - APIRS may send to you, from time to time, email or other communications containing information about APIRS, and other matters APIRS believes will interest you. At any time you may ask APIRS to stop sending you email and other information by contacting info@apirs.com Also, each unsolicited email APIRS sends to you will tell you how to decline further unsolicited email. From time to time APIRS may also send to you email containing important information regarding the Website, which you may not opt out of receiving.

8. Disclosure of Your Personal Information - APIRS may disclose your personal information in the following circumstances:

(i) Disclosure to Service Providers - In order to process transactions, APIRS must disclose some of your personal information to certain service providers, such as your credit card issuer, a third party credit verification company, the product handler, the delivery service, and APIRS Before personal information is disclosed, the service provider will agree with APIRS to protect the privacy of your personal information in a manner that is consistent with this Policy. A list of APIRS service providers to whom personal information may be disclosed, as amended from time to time, may be found here. If you do not wish APIRS to provide your personal information to those service providers, you may not use the Website for transactions.
(ii) There are no closely held entities with which APIRS will provide your information..
(iii) Disclosure to Trading Partners - APIRS may provide your personal information to certain of its trading partners. Before personal information is disclosed, the recipient organization will agree with APIRS to protect the privacy of your personal information in a manner that is consistent with this Policy. Recipient organizations may use your personal information to provide you with email or other information about their products and services and other matters. A list of APIRS trading partners, to whom personal information may be disclosed, as amended from time to time, may be found here. If at any time you do not wish APIRS to make any further disclosure of your personal information to those organizations, please notify APIRS at info@apirs.com
(iv) Disclosure in Business Transfers - APIRS may be involved in the sale or transfer of some or all of its business. As part of that sale or transfer, APIRS may disclose your personal information to the acquiring organization, but will require the acquiring organization to agree to protect the privacy of your personal information in a manner that is consistent with this Policy. If at any time you do not wish APIRS to disclose your personal information as part of the sale or transfer of some or all of APIRS business, please notify APIRS at info@apirs.com
(v) Law Enforcement and Legal Disclosure - APIRS may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where APIRS has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to APIRS legal counsel.

12. TRADE-MARK INFORMATION
APIRS, the apirs.com logo, are registered and unregistered trademarks and trade names owned by APIRS and licensed to APIRS. Other product and company names and logos appearing on the website may be registered or unregistered trade names, trademarks and service marks of their respective owners.
Any use of the trade names, trademarks, service marks and logos (collectively "Marks") displayed on the website, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the website.

13. OTHER SITES
The website may include advertisements for, and links to, other websites or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from APIRS, and APIRS has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. APIRS does not sponsor or endorse any Other Sites or their content or the goods or services available through those other websites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against APIRS arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and APIRS, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.

14. LINKING AND FRAMING THE WEBSITE
Links to the website without the express written permission of APIRS are strictly prohibited. To request permission to link to the website, please contact info@apirs.com APIRS reserves the right to cancel and revoke any permission it may give to link to the website at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the website or any of its content in any form and by any method is strictly prohibited.

15. POSTINGS AND UNSOLICITED SUBMISSIONS
You may not use technologies in connection with your use of the website or to post comments, communications, or any other data of any kind to or on the website with the intention that such postings may be viewed by other users of the website.
APIRS does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to APIRS or the website.
If you send Submissions to APIRS or the website you automatically grant (or warrant that the owner of the Submissions grants) to APIRS and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of APIRS or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of APIRS and its assigns.

16. TRANSACTION AGREEMENTS
All transactions through the website, including the purchase and sale of goods and services and the licensing of software, are governed by this Agreement and any applicable Transaction Agreement. By participating in a transaction through the website, you signify your agreement and acceptance of the applicable Transaction Agreement.

17. SOFTWARE AGREEMENTS
APIRS may cause software to be available for you to download from the website or through other websites, including websites operated by Providers. The software is protected by copyright, and the applicable Transaction Agreement and the Software Licence Agreement specific to the software govern your downloading and use of the software. By downloading software, you signify your agreement and acceptance of the applicable Transaction Agreement and Software Licence Agreement.

18. CONTESTS
From time to time APIRS may make contests available to users of the website and others. This Agreement and the applicable Contest Rules govern all contests. By participating in a contest through the website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.

19. GOVERNING LAW AND DISPUTE RESOLUTION
The website is controlled by APIRS from Calgary, Alberta. This Agreement, your use of the website, and all related matters are governed solely by the laws of the Alberta, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
Any dispute between APIRS and you or any other person arising from, connected with or relating to the website, this Agreement or any related matters must be resolved before the Courts of Alberta sitting in the City of Calgary, Alberta, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Calgary, Alberta, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

20. OTHER MATTERS
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will enure to the benefit of and be binding upon each of APIRS and its Providers and each of their respective successors and assigns and related persons, including without limitation APIRS, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of APIRS, which may be withheld in APIRS sole discretion. APIRS may assign this Agreement and its rights and obligations under this agreement without your consent.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
You and APIRS are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the website.

21. Use of the APIRS Forum

Before you enter the forums on this website, please read these terms of use carefully. By participating in any forum, you are agreeing to the terms of use set forth below.

Please remember any information you disclose in a forum becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any personal or other information in a forum. Any such disclosures are at your own risk.

Although we may monitor or review posted messages from time to time, we do not actively monitor the contents of the forums, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her postings, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted to the forums, in each case, as we deem appropriate.

You acknowledge the content of all postings expresses the views of the author, and not of APIRS, or other affiliates, or any other entity, person, representative or agent associated with APIRS (collectively, “APIRS”). You also acknowledge your use of or reliance on the information posted by other users in this forum is at your own risk.

Your access to the forums is subject to your compliance with the following rules of conduct applicable to all forums on this website. By entering a forum, you specifically agree to comply with each of the following:

You will not post any copyrighted material unless you own or control the copyright in and to such material.
You will not use any forum to post or transmit any message or other material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
You will not use any forum to post or transmit any material that is: abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, knowingly false, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.
You will not use any forum for commercial purposes, including, without limitation, posting advertisements or solicitations.
You will not post or transmit any software or computer files that contain a virus, worm or other disruptive or harmful component.

Without limiting any of our other rights or remedies, a violation of any of the above rules of conduct may result in removal of a user’s postings, revocation of registration and/or banning a registrant’s e-mail address, which would prohibit the user from having any access to any or all of the forums.

APIRS will cooperate fully with law enforcement officials and comply with any court order with respect to any claim or investigation arising from your participation in any of the forums and any material posted by you, including, without limitation, furnishing such material and information regarding your identity and any other information APIRS may have about you.

You assume total responsibility and risk for your use of and participation in any forum on this website. APIRS shall not be responsible or liable under any circumstances for any direct, indirect, incidental, special, consequential or other damages arising out of or in any way related to any forum on this website. If you are dissatisfied with this website, including any forum thereon, your sole remedy is to cease use of the website or forum, as applicable.

APIRS does not warrant that the functions contained in the materials on this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make such materials available, are free of viruses or other harmful components. APIRS does not warrant or make any representation regarding the correctness, accuracy, timeliness, reliability or any other aspect of the use of any of the materials.

You agree to indemnify, defend and hold APIRS harmless from and against any and all claims, losses, liability, costs and expenses (including attorneys’ fees) incurred by APIRS in connection with or arising out of your participation in any of the forums on this website and any material posted by you thereto.

You acknowledge that by participating in any forum on this website, you are granting APIRS the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to APIRS, any and all material you post to any such forum, including, without limitation, all intellectual property rights embodied therein.

We may change, modify or supplement these terms of use at any time. Accordingly, we encourage you to check this page from time to time, as you will be bound by any such revisions.

Effective Date: August 7, 2005

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documetns qui s'y rapportent soient rediges en anglais.
Any rights not expressly granted by this Agreement are reserved to APIRS.

This Agreement is subject to change without notice.

Not in frames Click here