Terms of Use / Privacy Policy

Last Revised: August 22, 2009

TERMS OF USE

Welcome to code 10-31™. Before using this website, you must read, understand, and agree to our Terms of Use / Privacy Policy, and any future amendments posted here without notice (hereinafter collectively called the “Agreement“). If you do not agree with some or all of the points in the Agreement, do not use the website.

OVERVIEW

This Agreement constitutes a legally binding agreement between “Someone Should Tell Them Inc.™“, including the www.code1031.com domain name and website, any successors or assign of Someone Should Tell Them Inc., and any entities controlled by Someone Should Tell Them Inc. (hereinafter collectively called “Someone Should Tell Them” or “code 10-31“ or the “Website“ or “We“ or “Us“ or the “Service(s)“), and you, the user of the Website (hereinafter called “You“ and collectively with other Users of the Website, “User“ or “Users“). “Service(s)“ refers to your use of code 10-31 for any purpose whatsoever. “User Content“ refers to any and all non-personally identifiable content that is uploaded to the Website by any and all Users.

This Agreement applies to all Users of the Website, including Users who are also contributors of content, information, and other materials or Services on the Website. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by code 10-31 without restriction.

code 10-31 is solely controlled and offered by Someone Should Tell Them Inc. from its facilities in Bolton, Ontario, Canada. code 10-31 makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

The Agreement set out herein is governed by and will be construed in accordance with the laws of the Province of Ontario and federal laws of Canada, as applicable, without giving effect to any principles of conflicts of laws. You agree that any and all actions, suits, claims or applications relating in any way to this Agreement or to any Services offered by code 10-31 will be brought and heard in Toronto, Ontario, Canada. Any claim or dispute between You and code 10-31 that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Toronto, Ontario, Canada.

This Agreement, together with any other legal notices published by code 10-31 on the Website, shall constitute the entire Agreement between You and code 10-31 concerning the Website. YOU AND CODE 10-31 AGREE TO IMMEDIATELY ISSUE WRITTEN NOTICE BY REGISTERED MAIL (OR EMAIL IF THE CORRECT PHYSICAL ADDRESS IS NOT KNOWN) REGARDING AN ISSUE THAT MAY RESULT IN ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE. FURTHERMORE, YOU AND CODE 10-31 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER ISSUING THE WRITTEN NOTICE CONCERNING THE CAUSE OF ACTION, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and code 10-31's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

code 10-31 hereby grants You limited permission to use the Website as set forth in this Agreement, provided that:

ELIGIBILITY

You understand, agree with, and conduct yourself in accordance with this Agreement (if You do not understand, agree with, and/or are unable to conduct yourself in accordance with some or all of the points in the Agreement, do not use the Website).

All Users must be at least 18 years of age or older. By visiting code1031.com and/or accepting this Terms of Use/Privacy Policy, You represent and warrant to code 10-31 that You are 18 years of age or older, and that You have the right, authority and capacity to agree to and abide by this Terms of Use / Privacy Policy. You also represent and warrant to code 10-31 that You will use this Website in a manner consistent with any and all applicable laws and regulations.

If You use the Website as an employee of, on behalf of, or for the benefit of your employer or other entity, You represent to code 10-31 that You have the power and authority to accept this Agreement on behalf of your employer or company. You and your company will be deemed Users under this Agreement. If You do not agree to this Agreement or if You do not have the power and authority to accept this Agreement on behalf of your company, You may not use the Website, and code 10-31 is unwilling to grant You legal access to the Website.

In order to access some features of the Website, You will have to create a secure account with a username and password. Given the anonymous nature of sending code 10-31 NOTICES, We require only a minimum of User information (valid email address, gender, and age range). However, when creating your account, You must provide true, accurate, current, and complete information where requested, and You agree not to impersonate any other person while using the code 10-31 website. You also agree to maintain and update your information on your My Account page.

Your account is private, You are solely responsible for all of the usage and activity that occurs on your account, and You must keep your account password secure. You may never use another User's account. If You suspect any breach of security or unauthorized use of your account, You must: 1) change your username, password, and/or email by visiting the My Account section of the Website (your account history is preserved for your convenience); and 2) notify code 10-31 immediately. Although code 10-31 will not be liable for your losses caused by any unauthorized use of your account, You may be liable for the losses of code 10-31 or others due to such unauthorized use.

DESCRIPTION of PRIMARY SERVICES

The code 10-31 website is for entertainment purposes only. The Website allows a registered User to anonymously send or post a code 10-31 NOTICE (hereinafter known as a “10-31“) to someone (hereinafter known as a SUBJECT) who is believed to have committed a 10-31 (whether real or satirical). It is the User's responsibility to assure that the SUBJECT of the 10-31, also remains anonymous. To this end, the User must not enter the last name, phone number, email address, home or business address, or any other personally identifiable information for the Accused.

CODE OF CONDUCT

All Users agree to use the code 10-31 website and Service(s) in accordance with the following Code of Conduct:

You understand that the content on the Website is for personal and entertainment use only and may not, except where explicitly granted by code 10-31 in this Agreement and/or on the Website, be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of code 10-31.

Notwithstanding the foregoing, journalists, radio and television hosts, other members of both mainstream and alternative media, and entertainers / comedians may report, review, satirize, or blog (with hyperlinks to the Website) about the Service, various 10-31 NOTICES, and other content that is publicly available on the Website. For greater clarity, however, while We encourage and facilitate the reporting, sharing, and hyperlinked blogging of anonymous 10-31s, even if a blog / website has general-purpose ads, We will enforce our Terms of Use against any entity that does nothing more than aggregate 10-31s, or feature selected 10-31s on a regular basis, and/or tries to generate revenue from any content retrieved from the Website without prior written permission from code 10-31. (You can reach Us via the "Contact Us" page on the Website, or via the information posted at the end of this Agreement.)

You will not download (other than through page caching necessary for personal use) modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Website without our express written permission. Any unauthorized use of code 10-31 or its contents may violate copyright, trade-mark and other laws. If You breach any of this Agreement and legal restrictions, your authorization to use this Website automatically terminates the limited license granted by us.

You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.

You will not post content that is unlawful, defamatory, libellous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, or is otherwise inappropriate.

You may not use this Service to contact or communicate with minors in a manner prohibited by the law.

You will not post content that could misrepresent and/or damage code 10-31 or any third party.

You will not post content that is an advertisement or solicitation of business / commercial purpose, or use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.

You agree not to solicit, for commercial purposes, any Users of the Website with respect to their User Content.

You will not post content that is intended to impersonate another person or legal entity.

You will not post content that makes or provides instructional information about illegal activities, such as making or buying illegal weapons or illegal substances, or is fraudulent or otherwise unlawful or violates any law.

You will not post content, messages, pictures or recordings or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, trade secrets, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from the rightful owner to post such material to code 10-31.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the code 10-31 servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

You agree not to circumvent, disable or otherwise interfere with security related features of the code 10-31 website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the code 10-31 website or the Content therein.

Notwithstanding the foregoing, code 10-31 grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.

You agree not to collect or harvest any personally identifiable information, including usernames, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the code 10-31 website.

You also agree not to interfere with the servers or networks connected to the code 10-31 website or to violate any of the procedures, policies or regulations of networks connected to the code 10-31 website, the terms of which are incorporated herein.

You will not forward chain letters through the Service, or imbed 10-31 NOTICES in chain letters or any mass distribution format.

You will not make public through the Service, by posting or transmitting in any manner, any contact information, including but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, full names, or unique and personally identifiable names.

code 10-31 reserves the right to revoke these exceptions either generally or in specific cases.

MODIFICATIONS

code 10-31 reserves the right to amend this Agreement at any time without notice. Amendments to the Agreement will be posted on the Website and it is your responsibility to review this Agreement for any changes. You agree that your continued use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

NO RESPONSIBILITY

The code 10-31 website may now or in the future permit the submission of 10-31 NOTICES, photos / videos or other communications submitted by You and other Users ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, code 10-31 does not guarantee any confidentiality with respect to any submissions, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against code 10-31 with respect thereto, and agree to indemnify and hold code 10-31, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

Unless otherwise specified, You understand that all content on the code 10-31 website is provided to You AS IS solely for your personal entertainment and non-commercial use and We grant You a limited license to access the Website for that purpose.

You understand that when using the code 10-31 website, You will be exposed to content from a variety of sources, and that code 10-31 is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against code 10-31 with respect thereto, and agree to indemnify and hold code 10-31, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

code 10-31 does not endorse any User Content, or any opinion, recommendation, advice, or advertisement expressed on the Website, and code 10-31 expressly disclaims any and all liability in connection with any User Content, or any opinion, recommendation, advice, or advertisement expressed on the Website.

Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available on the code 10-31 website are those of the respective authors or producers and not of code 10-31 Inc. or its shareholders, directors, officers, or employees. Under no circumstances will code 10-31 Inc. or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the code 10-31 website. It is your responsibility to evaluate the information, opinion, advice, or other content available through code 10-31.

E-MAIL and OTHER COMMUNICATION

By accessing this Website or sending electronic mail to code 10-31 You are communicating with code 10-31 electronically and by doing so, You agree to receive communications from code 10-31 electronically, including any notice required to be provided pursuant to this Agreement. We may use your email address to notify You that You have a message in your account at code 10-31 concerning a 10-31 that has been sent and/or replied to; and to notify You when necessary concerning our answers to questions You may ask, and to ask anonymous follow up questions about 10-31s that We may want to feature, and for the administration of your account. As these functions are necessary to the purpose of the Website and the proper administration of your account, We do not offer an opt-out from such email notifications.

RIGHT TO MONITOR, EDIT, SUSPEND and/or TERMINATE

code 10-31 does not regularly review the User Content posted on the Website, however, We reserve the right to remove or edit such content at anytime without notice. We also reserve the right, at any time and without notice, to suspend or terminate the account of any User, with or without reason, in code 10-31's sole discretion. You acknowledge that We reserve the right, at any time and without notice, to suspend or terminate any and/or all content and Services provided by the Website. Furthermore, We expressly disclaim any and all liability in connection with any monitoring, editing, suspension and/or termination of any or all User Content, User accounts, and Website services. Your limited right to use the Service is subject to any and all limitations, conditions and restrictions established by us from time to time, in our sole discretion, as outlined in this Agreement.

We also reserve the right to monitor all, and /or remove any advertisements to ensure that they conform to this Agreement.

EXTERNAL LINKS

The Website may contain links to third party websites ("External Links") that are not owned or controlled by code 10-31. code 10-31 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, code 10-31 will not and cannot censor or edit the content of any third-party site. By using the Website, You expressly relieve code 10-31 from any and all liability arising from your use of any third-party website. Accordingly, We encourage You to be aware when You leave code 10-31 and to read the terms and conditions and privacy policy of each other website that You visit.

USE OF USER CONTENT and INFORMATION SUBMITTED

You shall be solely responsible for your own User Content and the consequences of posting or publishing such content. In connection with User Content, You affirm, represent, and/or warrant that You own or have the necessary licenses, rights, consents, and permissions to use and authorize code 10-31 to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and this Agreement.

In exchange for using the many free Services made available by code 10-31, You agree that upon the submission of User Content to code 10-31, You hereby grant code 10-31 a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Website and code 10-31's (and its successor's), including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You agree and understand that code 10-31 is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication You may send to code 10-31, without further compensation, acknowledgement or payment to You, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the code 10-31 website or other websites. Furthermore, by posting any information on our Website, You grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information in perpetuity, in any medium whatsoever. You also hereby grant each User of the Website a non-exclusive license to access your User Content through the Website, and to use such User Content as permitted under this Agreement and through the functionality of the Website. code 10-31 reserves all rights not expressly granted in and to the Website and all content.

PLACEMENT and DISTRIBUTION of ANONYMOUS USER CONTENT

Users may submit and upload anonymous 10-31 NOTICES to the Website. All 10-31 NOTICES , comments, and any content related to the 10-31 NOTICES will be made publicly available. code 10-31 does not monitor uploaded content, but reserves the right to delete without prior notice if content is found to be objectionable at Code1031's sole discretion.

As consideration for using the Service, You agree and understand that code 10-31 will have the right to display advertising, promotional, and other information adjacent to and related to the content of your anonymous postings. No personally identifiable information will be provided to advertisers as part of the Service. You hereby waive and agree never to assert against code 10-31 any moral rights that You may have in your User Content during and after the term of this Agreement.

Where facilitated by the Website, Users may place or otherwise associate comments with anonymous User Content. Such comments may misrepresent your anonymous content, may rate your anonymous content, or may be otherwise disparaging, defamatory, embarrassing, or unfavourable. code 10-31 does not review, control or monitor comments placed by Users User Content and You hereby disclaim any liability for the same.

PRIVACY POLICY

At code 10-31 We respect and are committed to protecting your privacy.

For the purpose of this Privacy Policy, “User information“ means information about the unnamed individual using and providing content to the Website. code 10-31will not collect, use or disclose your User information in a way that is incompatible with this Privacy Policy.

This Privacy Policy informs You how code 10-31 collects, uses and discloses the User information that You provide to us through use of our Website, including any online purchases of products and Services made through our Website. By using the Service at code 10-31, You consent to the collection, use and disclosure of your User information in accordance with this Policy. As We develop and expand our Services, this Terms of Use / Privacy Policy may also change. We reserve the right to change this Terms of Use / Privacy Policy without notice. A “last amended “ date is displayed as part of the Agreement and it is your responsibility to check here for changes.

We do not publicly identify or reveal a User's email address or username in connection with any 10-31 NOTICES the User may send.
When You visit the Website, cookies are placed on your hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. We use sessional cookies to help us track items You select, to match your address and order and to assist in the log in to your account. We use permanent cookies to help us track use of our Website, such as the number and frequency of visits to our pages and which parts of our Website are visited. Most browsers will allow You to disable cookies, or allow only sessional cookies to be placed. If your browser is set to allow sessional cookies only, your use of the Website will be unaffected. If your browser is set to disable sessional cookies, You will not be able to log in or use any features available in the “My Account“ section.
code 10-31 collects aggregate information concerning usage of the Website through automatically logged information. code 10-31 does not use any personal identifiable information while generating this information, nor does it relate any of this information to an individual member or User.
You can use the “Share This“ feature on the Website to inform others about our Services, favorite tickets, or Website. We provide an email transmission for You to send for this purpose. While We facilitate this email transmission, We do not retain any text or the email address(es) to which You send when using this feature.
We retain your User information, including your account history, for the purposes described in this Agreement, and to allow us to guard against fraud and unauthorized use of the Service.
We track and retain the 10-31 NOTICES You have sent. You can access your 10-31 NOTICES history in the My Account section of the Website. While individual 10-31 NOTICES may appear in the public Archive section of the Website, these items are not personally identifiable to the User / sender, nor is the history of a User's sent 10-31 NOTICES disclosed to any other parties, except if a law, regulation, search warrant, subpoena or court order legally requires or authorizes us to do so, to enforce and protect this Agreement with You, or to our Website.
Our Website contains a “rating“ feature where You can, at your option, rate any 10-31 NOTICES. We may also allow Users to comment on 10-31 NOTICES and Advice. We do not associate the User with these features, whether logged in or not.
code 10-31 will not sell, license, trade, rent, or give your email address to any other entity except if a law, regulation, search warrant, subpoena or court order legally requires or authorizes us to do so, to enforce and protect this Agreement with You, or to our Website.
code 10-31 makes all reasonable efforts to protect your User information from loss, unauthorized access, misuse or theft. We use a secure server (SSL) and encrypt all transmissions of User information by You. We limit access to your account information with login and password protection features. We encourage You to change your password regularly and to provide us with accurate information through the My Account section feature.
Only those code 10-31 employees who have a legitimate business purpose for accessing the User information collected by us are authorized to do so. Unauthorized access to or use of User information by an employee is prohibited and constitutes grounds for disciplinary action. In addition, our management systems are configured so as to block or restrict employee access from those without access privileges.
All payment transactions for online purchases at code 10-31 are handled via a reputable and secure third party payment system such as PayPal. As such, We do not see, collect, or handle your credit card number or personally identifiable information. All payment receipts are linked to your code 10-31 account through an unnamed reference number.
This Website may offer links to other third party websites. You should be aware that operators of linked websites may also collect your personal information (including information generated through the use of cookies) when You link to their websites. code 10-31 is not responsible for how such third parties collect, use or disclose your personal information, so it is important to familiarize yourself with the privacy policies of these websites before providing your personal information on those sites.
We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.

COPYRIGHTS and TRADEMARKS

code 10-31 does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and code 10-31 will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights.

All content on code 10-31, including without limitation, trademarks, graphics, text, logos, video clips and software remain the property of code 10-31 Inc. or belong to the rightful suppliers and/or advertisers, and is protected by Canadian and international intellectual property laws. Any infringement of the rights in such a property will be protected by enforcement through the courts if necessary.

The content on the Website, except all User Content (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to code 10-31, subject to copyright and other intellectual property rights under Canadian and foreign laws and international conventions.

code 10-31 reserves the right to remove Content and User Content without prior notice. code 10-31 will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Content removed from the Website more than twice.

code 10-31 may remove such User Content and/or terminate a User's access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.

In particular, if You are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, You may submit a notification including:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All notifications should follow the “Contacting Us“ guidelines stated at the bottom of this Agreement. You acknowledge that if You fail to comply with all of the requirements of this section, your notice may not be valid.

DISCLAIMERS

THE MATERIALS, INFORMATION AND SERVICES PROVIDED AT THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND SOMEONE SHOULD TELL THEM INC., EXCEPT AS OTHERWISE PROHIBITED BY LAW, DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, THAT SOMEONE SHOULD TELL THEM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL REPRESENTATIONS, ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.

YOU AGREE THAT YOUR USE OF THE CODE 10-31 Website SHALL BE AT YOUR SOLE RISK. SOMEONE SHOULD TELL THEM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON OR AVAILABLE THROUGH THIS SITE OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF, OR AVAILABILITY THROUGH SOMEONE SHOULD TELL THEM OR ANY FAILURES, DELAYS, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION, DELAY OR CESSATION OF TRANSMISSION OF CONTENT TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CODE 10-31.

PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES QUOTED ARE IN US DOLLARS UNLESS OTHERWISE INDICATED. WHILE CODE 10-31 TAKES GREAT CARE TO ENSURE OUR ADVERTISING IS ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED WE WILL CORRECT IT AS SOON AS POSSIBLE. WHERE NECESSARY, AN ORDER MAY BE CANCELLED PRIOR TO SHIPPING THE PRODUCT.

CODE 10-31 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH CODE 10-31 OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CODE 10-31 WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SOMEONE SHOULD TELL THEM, ITS AFFILIATES AND/OR PARENT, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SHAREHOLDERS OR OTHER THIRD PARTIES IDENTIFIED AT THIS WEBSITE BE LIABLE TO ANY PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED OR AVAILABLE HEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS WEBSITE RESULT IN THE REQUIREMENT TO SERVICE, REPAIR OR CORRECT EQUIPMENT OR DATA, YOU ASSUME ALL COSTS AND RISKS.

IN NO EVENT SHALL SOMEONE SHOULD TELL THEM, ITS AFFILIATES AND/OR PARENT, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CODE 10-31, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT SOMEONE SHOULD TELL THEM, ITS AFFILIATES AND/OR PARENT, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT SHALL SOMEONE SHOULD TELL THEM, ITS AFFILIATES AND/OR PARENT, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS BE LIABLE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES FOR MORE THAN TWENTY-NINE CANADIAN DOLLARS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IDEMNITY

YOU AGREE TO RELEASE, INDEMNIFY AND HOLD SOMEONE SHOULD TELL THEM, ITS AFFILIATES AND/OR PARENT, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SHAREHOLDERS AND ASSIGNS (IN THIS SECTION, ALSO "WE") HARMLESS FROM ALL LIABILITIES, CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, RELATING TO OR ARISING FROM YOUR MEMBERSHIP OR USE OF YOUR MEMBERSHIP OR ANY CODE 10-31 SERVICES. WHEN WE ARE THREATENED WITH SUIT OR SUED BY A THIRD PARTY, WE MAY SEEK WRITTEN ASSURANCES FROM YOU CONCERNING YOUR PROMISE TO INDEMNIFY US; YOUR FAILURE TO PROVIDE THOSE ASSURANCES MAY BE CONSIDERED BY SOMEONE SHOULD TELL THEM TO BE A MATERIAL BREACH OF THIS AGREEMENT. IN ADDITION, IN THE EVENT WE ARE MADE A PARTY TO ANY CLAIM, SUIT OR ACTION BY YOU WHICH IS UNSUCCESSFUL OR BY A THIRD PARTY IN EACH CASE RELATING TO OR ARISING FROM YOUR MEMBERSHIP OR USE OF YOUR MEMBERSHIP OR ANY SERVICES OFFERED BY CODE 10-31, YOU WILL REIMBURSE US, AT A REASONABLE RATE, FOR ALL PERSONNEL TIME AND EXPENSES EXPENDED BY US IN RESPONSE TO SUCH CLAIM, SUIT OR ACTION INCLUDING WITHOUT LIMITATION, ALL ATTORNEY FEES AND EXPENSES INCURRED BY US WITH RESPECT TO SUCH RESPONSE.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SOMEONE SHOULD TELL THEM, ITS AFFILIATES AND/OR PARENT, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SHAREHOLDERS AND ASSIGNS AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO CODE 10-31; (II) YOUR VIOLATION OF ANY TERM OF THIS AGREEMENT; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT MAY ARISE FROM YOUR USER CONTENT THAT CAUSES DAMAGE TO A THIRD PARTY. THIS DEFENCE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THIS AGREEMENT AND YOUR USE OF CODE 10-31.

CONTACTING US

In the event that You have any questions about this Agreement, or if You have reason to believe that We may have failed to adhere to this Agreement, You may contact us in writing by using the Contact page of the Website. If You do not receive a reply within three (3) business days, You must try to reach us by fax (416) 800-8751 or by mail (P.O. Box 855 Bolton Ontario, Canada, L7E5T5) as We may not have received your communication via our Contact Us system due to a high volume of general inquiries, or a malfunction.