Firepoint Technologies
Firepoint Technologies

TERMS AND CONDITIONS

AGREEMENT BETWEEN USER AND FIREPOINT TECHNOLOGIES INC.
The "Firepoint Technologies Inc. Website" is comprised of various web pages operated by "Firepoint Technologies Inc."
The Firepoint Technologies Inc. Website is available conditional upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Firepoint Technologies Inc. Website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE
Firepoint Technologies Inc. reserves the right to change the terms, conditions, and notices under which the Firepoint Technologies Inc. Website is offered, including but not limited to the charges associated with the use of the Firepoint Technologies Inc. Website.

TERMINATION OF ACCESS
You agree that Firepoint Technologies Inc., at its sole discretion, may suspend or terminate your password, account, or use of the Firepoint Technologies Inc. Website and remove and discard any Postings at any time and for any reason. You agree that any suspension and/or termination of your access to the Firepoint Technologies Inc Website may be effected without prior notice and that Firepoint Technologies Inc. will not be liable to you or to any other person as a result of any such suspension or termination.

LINKS TO THIRD PARTY SITES
The Firepoint Technologies Inc. Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Firepoint Technologies Inc. and Firepoint Technologies Inc. is not responsible for the contents of any Linked Sites, including without limitation any link contained within the Linked Sites, or for any changes or updates to the Linked Sites. Firepoint Technologies Inc. is not responsible for webcasting or any other form of transmission available at any Linked Sites. Firepoint Technologies Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Firepoint Technologies Inc. of the site or any association with its operators.

JURISDICTION AND GOVERNING LAW
The Firepoint Technologies Inc. Website is controlled and operated by Firepoint Technologies Inc. Its offices are located in Ontario, Canada. If you choose to access this Website from another location, you are responsible for compliance with local laws to the extent local laws are applicable. The Terms and Conditions described here shall be governed by and subject to the laws of Ontario, Canada. You agree that any action at law arising out of or in connection with these Terms and Conditions or equity in the Firepoint Technologies Inc. Website shall be filed only in the provincial or federal courts located in Ontario, Canada and hereby submit to the jurisdiction of such courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Firepoint Technologies Inc. Website or the Terms and Conditions must be filed within one (1) year after such cause of action arose or be forever barred. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Firepoint Technologies Inc. Website, you warrant to Firepoint Technologies Inc. that you will not use the Firepoint Technologies Inc. Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Firepoint Technologies Inc. Website in any manner which could damage, disable, overburden, or impair the Firepoint Technologies Inc. Website or interfere with any other party's use and enjoyment of the Firepoint Technologies Inc. Website. You may not obtain or attempt to obtain any materials or information through any means not explicitly available or intentionally provided through the Firepoint Technologies Inc. Website.

USE OF ELEMENT SERVICES
The Firepoint Technologies Inc. Website may contain bulletins news articles, news tickers, forums, resume registration forms, quality control pages, calendars, and/or other message facilities designed to enable you to post and/or communicate with the public at large or industry group (this information is hereinafter referred to collectively as the "Element Services"). You agree to use the contents of the Element Services in a professional manner. By way of example, and not as a limitation, you agree you will not:

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Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
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Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
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Upload files that contain viruses, corrupted files, or any other similar software, data or programs that may damage the operation of another's computer.
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Advertise or offer to sell or buy any goods or services for any business purpose, unless the Element Services specifically allows such messages.
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Download any file posted by another user of the Element Services that you know, or reasonably should know, cannot be legally distributed in such manner.
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Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material contained in a file that is uploaded.
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Restrict or inhibit any other user from using and enjoying the Element Services.
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Violate any code of conduct or other guidelines which may be applicable for any particular set of material within the Element Services.
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Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
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Violate any applicable laws or regulations.

Firepoint Technologies Inc. has no obligation to monitor the Element Services. However, Firepoint Technologies Inc. reserves the right to review materials posted to an Element Service and to remove any materials at its sole discretion. Firepoint Technologies Inc. reserves the right to terminate access by a user to any or all of the Element Services at any time without notice for any reason whatsoever.
Firepoint Technologies Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at the sole discretion of Firepoint Technologies Inc.
Always use caution when giving out any personal or identifying information about yourself, your family or others in the Element Services. Firepoint Technologies Inc. does not control or endorse the content, messages or information found in the Element Services and, therefore, Firepoint Technologies Inc. specifically disclaims any liability with regard to the Element Services and any actions resulting from your participation in the Element Services. Managers and hosts are not authorized spokespersons of Firepoint Technologies Inc., and their views do not necessarily reflect those of Firepoint Technologies Inc.
Materials uploaded to the Element Services may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download, provide or post materials to Firepoint Technologies Inc. or the Firepoint Technologies Inc. Website.

OWNERSHIP OF MATERIALS PROVIDED
Firepoint Technologies Inc. does not claim ownership of the materials you provide to Firepoint Technologies Inc. (including feedback, suggestions or other material that you post, upload, input or submit to the Firepoint Technologies Inc. Website or its associated services, hereinafter referred to collectively as the "Submissions"). However, by posting, uploading, inputting, providing or making your Submissions, you are granting Firepoint Technologies Inc., its affiliated companies and necessary sub licensees permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions.
No compensation will be paid with respect to the use of your Submission, as provided herein. Firepoint Technologies Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of Firepoint Technologies Inc.
By posting, uploading, inputting, providing or making your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to post, upload, input, provide or make the Submissions.

USER CONDUCT, INDEMNIFICATION AND LICENSE GRANTED
All postings created by users on any part of the Firepoint Technologies Inc. Website, including but not limited to its Comment forums, (Postings) are the responsibility of the user creating the Postings. FIREPOINT TECHNOLOGIES INC. HAS NO RESPONSIBILITY FOR POSTINGS. However, Firepoint Technologies Inc. retains the right, which it may or may not exercise, at its sole discretion, to review, edit, refuse or delete any Postings for any reason whatsoever. Firepoint Technologies Inc. will not be liable to you or any third-party for any modification or discontinuance of your Postings.
You acknowledge and agree that Firepoint Technologies Inc. may preserve Postings and may also disclose any information as necessary to satisfy any law, regulation or governmental request, comply with legal process, or enforce these Terms and Conditions to protect itself, its users and/or the public.
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide, and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. Without limiting the generality of the foregoing, you agree not to:

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Infringe any proprietary or other rights of third parties, including any copyright, trademark, patent, trade secret, privacy or other proprietary or property right;
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Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including, without limitation, rights relating to privacy and publicity;
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Include content that is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful;
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Denigrate a class of people because of their race, religion, country of origin, sexual orientation or gender;
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Depict violent or criminal acts, or seek to incite violence or crime;
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Include content related or pertaining to any "hate group," for example, groups that are organized to any extent to promote the oppression of or assert the supremacy of any class of people;
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Include a photograph of another person or personal information of another person or use that person's correspondence, diaries or personal documents without that person's explicit consent;
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Post, transmit, provide a link, or otherwise distribute any Postings that involve or promote commercial activities, solicit on behalf of charities, or seek donations of any kind, including, but not limited to, the promotion of any contests, sweepstakes, barter, advertising or franchise, pyramid scheme, multi-level marketing opportunity, "club membership", distributorship or sales representative agency arrangement or other business opportunity.
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Further or promote any criminal activity or enterprise, or provide instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
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Provide content or link to material that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

REGISTRATION
In order to be able to post comments on Firepoint Technologies Inc., you may be required to register. Should you choose to register, you agree to provide accurate and current information about yourself as required by the registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration on the Firepoint Technologies Inc. Website, and (b) all activities that occur through your account. Further, you agree to notify Firepoint Technologies Inc. of any unauthorized use of your password or account. If you provide any information that is untrue or inaccurate, we have the right to suspend or terminate your account.

LIABILITY DISCLAIMER
THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED OR AVAILABLE THROUGH THE FIREPOINT TECHNOLOGIES INC. WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO INFORMATION APPEARING ON THE FIREPOINT TECHNOLOGIES INC. WEBSITE, INCLUDING THESE TERMS AND CONDITIONS. FIREPOINT TECHNOLOGIES INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE FIREPOINT TECHNOLOGIES INC. WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE FIREPOINT TECHNOLOGIES INC. WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR LIFE AND LIFE SAFETY DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE REGARDING YOUR SITUATION.
FIREPOINT TECHNOLOGIES INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY FOR ANY PURPOSE OF THE INFORMATION, PRODUCTS, AND SERVICES ON THE FIREPOINT TECHNOLOGIES INC. WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FIREPOINT TECHNOLOGIES INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIREPOINT TECHNOLOGIES INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FIREPOINT TECHNOLOGIES INC. WEBSITE, OR WITH DELAY OR INABILITY TO USE THE FIREPOINT TECHNOLOGIES INC. WEBSITE, RELATED SERVICES, PRODUCTS, OR SERVICES OBTAINED THROUGH THE FIREPOINT TECHNOLOGIES INC. WEBSITE, OR FOR ANY EVENT RESULTING FROM USE OF THE FIREPOINT TECHNOLOGIES INC. WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FIREPOINT TECHNOLOGIES INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. AS SOME PROVINCAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FIREPOINT TECHNOLOGIES INC. WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE FIREPOINT TECHNOLOGIES INC. WEBSITE.

COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Firepoint Technologies Inc. Website are: Copyright © 2009: All rights reserved.

TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events described or depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.

PRIVACY CODE

COMMITMENT TO DATA PRIVACY PROTECTION
Protecting the security and privacy of your personal information is important to Firepoint Technologies Inc. We conduct our business in compliance with applicable laws on data privacy protection and data security. We hope the policy outlined below will help you understand the nature of data that Firepoint Technologies Inc. may collect, how Firepoint Technologies Inc. uses and safeguards that data, and with whom we may share it.

PERSONAL INFORMATION
Firepoint Technologies Inc. will not collect any personal information about you through our Website, (e.g. your name, address, telephone number or e-mail address), unless you voluntarily choose to provide it (e.g. by registration, survey, calendar event submission, bulletin subscription, request for service, or article submission), explicitly provide your consent, or unless otherwise permitted or required by applicable laws and regulations for protection of your personal information.

PURPOSE OF USE
When you do provide us with personal information through our Website, we usually use it to respond to your inquiry, process your order or provide you with access to specific information or offers. Also, to support our customer relationship with you, we may store and process personal information to better understand your business needs and how we can improve our products and services; or we (or a third party on our behalf) may use personal information to contact you about a Firepoint Technologies Inc. offer in support of your business needs or to conduct online surveys to understand better our customers' needs. If you choose not to have your personal information used to support our customer relationship (especially direct marketing or market research), we will respect your choice. We do not sell or otherwise market your personal information to third parties.

PURPOSE LIMITATION
Firepoint Technologies Inc. will collect, use or disclose personal information supplied by you online only for the purposes disclosed to you, unless the use of the personal information:

 
is for an additional purpose that is directly related to the original purpose for which the personal information was collected,
 
is necessary to prepare, negotiate and perform a contract with you,
 
is required by law or the competent governmental or judicial authorities,
 
is necessary to establish or preserve a legal claim or defense,
 
is necessary to prevent fraud or other illegal activities, such as willful attacks on Firepoint Technologies Inc. information or Website.

NON-PERSONAL INFORMATION COLLECTED AUTOMATICALLY
When you access our Website, we may automatically (i.e., not by registration) collect non-personal information (e.g. type of Internet browser and operating system used, domain name of the Website from which you came, number of visits, average time spent on the site, pages viewed). We may use this information to monitor the attractiveness of our Website and improve performance or content.

COMMUNICATIONS OR UTILIZATION DATA
Through your use of telecommunications services to access our Website, your communications data (e.g. Internet protocol address) or utilization data (e.g. information on the session start time, end time and extent of each access, and information on the telecommunications services you accessed) are technically generated and could conceivably relate to personal information. To the extent that there is a compelling necessity, the collection, processing and use of your communications or utilization data will occur and will be performed in accordance with the applicable data privacy protection legal framework.

COOKIES
When you access the Firepoint Technologies Inc. Website, we may make use of a browser feature called a 'cookie' to collect information that is not personally identifiable (such as the type of Internet browser and operating system you use, the domain name of the website through which you accessed our Website, number of visits, average time spent on our Website, and pages viewed). A cookie is a small text file containing a unique identification number that identifies your browser, but not you, to our computers each time you visit any portion of our Website that makes use of cookies. In addition to the identified purposes described in our Privacy Code, we may use this Website information and share it with our affiliates and other organizations with whom we have a commercial relationship to measure the use of our Website and to improve the functionality and content of the Website. If you wish, you can reset your browser either to notify you when you have received a cookie or refuse to accept cookies. However, if you refuse to accept cookies, you may not be able to use some of the features available on our Website.

ONLINE COMMUNICATIONS
In order to provide you with a product, service or information, you may voluntarily submit personal information to us for purposes such as registration, queries, correspondence, making a purchase, obtaining a quote or other information, and participating in surveys. If you are known to Firepoint Technologies Inc. as a registered user of an online service, we may combine and store personal information about your use of our Website and the online information you have provided with certain other online and offline information we may have collected.

E-MAIL COMMUNICATIONS
Occasionally, we may send you e-mail communications with information that may be useful to you, including information about the products and services of Firepoint Technologies Inc., its affiliates and other third parties with whom we have a commercial relationship. We will include instructions on how to unsubscribe and inform us of your preferences if you decide you do not want to receive any future marketing or promotional e-mails from Firepoint Technologies Inc. However, if you are a customer, supplier or otherwise have a commercial relationship with Firepoint Technologies Inc., to ensure that you receive important information, you agree that we may send you non-marketing related information when necessary.

LINKS
Our Website may contain links to other websites which are provided to you as a convenience only. You are advised that other third party websites may have different privacy practices than Firepoint Technologies Inc., and Firepoint Technologies Inc. has no responsibility for such third party websites.

SECURITY
To protect your personal information against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure or access, Firepoint Technologies Inc. uses technical and organizational security measures.

QUESTIONS AND COMMENTS
Firepoint Technologies Inc. will respond to reasonable requests to review your personal information and to correct, amend or delete any inaccuracies. If you have any questions or comments about the Firepoint Technologies Inc. Privacy Code, or to review and update your personal information, please contact our office.





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Copyright © Firepoint Inc - All Rights Reserved
Contact Firepoint Inc.
27-180 Wilkinson Rd., Brampton, ON L6T4W8
Tel: (905) 874-9400 Fax: (905) 874-9479