Terms of Access constitute a legal agreement for registered users and visitors
who access or use the web-based software application provided by Direct Livestock Marketing Systems Inc.
("DLMS"), accessible on the Internet and located
AGREE" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND, AND TO BIND YOUR
COMPANY, BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
accessing, browsing or using the System, you represent and warrant that: (i)
you have read, understand and agree to be bound by the Terms of Access and
and agreements governing their use; (ii) you accept and agree to comply with
the terms and conditions of the Agreement, without limitation or qualification;
and (iii) you are duly authorized to use the System.
may at any time revise these Terms of Access by updating this posting. Users
agree to be bound by such revisions, and agree to regularly revisit this page
to review the current Terms of Access. Your continued use of the System after
posting shall constitute your acceptance of and agreement to be bound by the
amended Agreement. If you do not agree to any amendments, you agree to
terminate your use and access to the System.
agree to: (a) use the System only for lawful purposes and in compliance with
all applicable Laws, including without limitation, any export control Laws,
antitrust and competition Laws and privacy Laws; (b) use the System, as an
authorized user, only for the purposes set forth in the Agreement; (c) take all
necessary precautions to ensure that all user content or other information,
data or material provided by you does not contain any items, links,
descriptions or information prohibited in the Agreement or these Terms of
Access; (d) take all precautions necessary to maintain the secrecy and security
of your Passwords and user IDs and be solely responsible for any use or misuse
of your Passwords and user IDs; and (e) comply with any and all applicable
rules governing transactions on and through the System.
agree not to: (a) use any systems or techniques, or engage in any activities or
practices that disrupt, circumvent or otherwise interfere with the operation of
the System or DLMS's right to or interest in any fees; (b) violate the
privacy rights of other users; (c) allow or permit access to or use of the
System or any component thereof by any third parties (who are not authorized
users), or for any unlawful purpose; and (d) engage in any conduct that
violates the Agreement or these Terms of Access or that, in DLMS's sole and
absolute discretion, restricts, inhibits or impacts any other user from using
or enjoying the System.
Interference with the System
shall not disturb or interfere with the operation of the DLMS System in any
manner, including without limitation, by imposing an unreasonable or
disproportionate burden on the network, software or hardware infrastructure of
DLMS nor any of its licensors (including their officers, directors,
employees, affiliates, agents, representatives or subcontractors) shall be
liable for any loss or liability resulting, directly or indirectly, from delays
or interruptions due to electronic or mechanical equipment failures, telephone
interconnect problems, defects, weather, strikes, walkouts, fire, acts of God,
riots, armed conflicts, acts of war or other like causes. DLMS shall have
no responsibility to provide you access to the System while interruption of the
System, due to any such cause, shall continue.
the contents of the System are deemed reliable when posted, DLMS cannot
guarantee this information to be current, accurate or complete. The information
is subject to modification and updating from time to time without notice.
information on the System is not intended to provide professional advice
including, without limitation, financial, legal, accounting or tax advice, and
should not be relied upon in this regard.
its subsidiaries, affiliated companies, licensors, its officers, directors,
employees or agents (collectively "DLMS Parties") provide the System
on an "as is, where is" basis and do not make any express or implied
warranties, representations, endorsements or conditions with respect to the
System or the Information, including without limitation, warranties as to
merchantability, operation, non-infringement, usefulness, completeness,
accuracy, currentness, reliability and fitness for a particular purpose.
Further, DLMS Parties do not represent or warrant that the System will be
available and meet your requirements, that access will be uninterrupted, that
there will be no delays, failures, errors or omissions or loss of transmitted
information, that no viruses or other contaminating or destructive properties
will be transmitted or that no damage will occur to your computer system. You
have sole responsibility for adequate protection and backup of data and/or
equipment and to take reasonable and appropriate precautions to scan for
computer viruses or other destructive properties.
Parties, or any persons associated with the creation of this System, are NOT
responsible in any manner whatsoever for any harm, loss or damage that may
arise in connection with or through the use of the System including, without
limitation, any direct, indirect, special, third party, consequential,
exemplary or punitive damages, howsoever caused arising out of or in connection
with your use of or inability to use the System or the Information, or any
action or decision made by you in reliance on the System or the Information, or
any unauthorized use or reproduction of the System or the Information, even if
DLMS has been advised of the possibility of these damages.
names, words, titles, phrases, logos, icons, graphics or designs or other
content in the pages of the System are trade names or trade-marks owned by
DLMS or its subsidiaries, or trade names or trade-marks licensed to them.
The Information is for your personal use only. Any unauthorized downloading,
re-transmission, or other copying or modification of DLMS's trade-marks,
patents, copyrights and/or the contents of the System may be a violation of any
federal or other law that may apply to trade-marks, patents and/or copyrights
and could subject the copier to legal action. The Information is protected
under the copyright laws of
and other countries. Unless otherwise specified, no one has permission to copy,
redistribute, reproduce, republish, store in any medium, re-transmit, modify or
make public or commercial use of, in any form, the Information.
unprotected E-Mail communication over the Internet is, as with communication
via any other medium (e.g. cellular phones, post office mail), not
confidential, subject to possible interception or loss, and is also subject to
possible alteration. DLMS is not responsible for and will not be liable to
you or any one else for any damages in connection with E-Mail sent by you to
DLMS or an E-Mail sent by DLMS to you at your request. Any
communication transmitted to us by electronic mail becomes the property of
DLMS or its affiliates and may be used for any purpose. DLMS is free to
use any idea contained in any communication sent to us for any purpose
whatsoever, including, but not limited to, developing, manufacturing and
marketing products using such information.
System may provide links or references to other sites. Links from or to web
sites outside the System are meant for convenience only. Unless otherwise
expressly stated, DLMS does not review, endorse, approve or control, and is
not responsible for any sites linked from or to the System, the content of
those sites, the third parties named therein, or their products and services.
Linking to any other site is at your sole risk and DLMS will not be
responsible or liable for any damages in connection with linking. Links to
downloadable software sites are for convenience only and DLMS is not
responsible or liable for any difficulties or consequences associated with
downloading the software. Use of any downloaded software is governed by the
terms of the license agreement, if any, which accompanies or is provided with
at any time you are issued a userid and/or password and you learn or suspect
that such identifiers have been disclosed or otherwise made known to any person
other than yourself, you agree to immediately notify DLMS and to confirm
such notice in writing within seventy-two (72) hours. Upon receiving such
notice, DLMS will assign a new userid and/or password to you within a
reasonable period of time. Re-issuance and reactivation of such identifiers may
be subject to DLMS's standard charges.
there is any conflict between this Agreement and any help text, manuals, or
other documents, this Agreement shall govern, whether such other documents are
prior to or subsequent to this Agreement, or are signed or acknowledged by
shall have the right to terminate, limit or suspend your access to all or any
part of the System at any time, with or without notice, for any reason,
including without limitation, for any conduct that DLMS believes is in
violation of these Terms of Access or any applicable Laws or is harmful to the
interests of another user, any third party or the System.
administers the System from its offices in
regarding the System will be governed by and construed in accordance with the
Laws of the
and the Laws of Canada applicable therein, without giving effect to any
principles of conflicts of laws. All disputes, controversies or claims arising
out of or in connection with the System shall be submitted to and be subject to
the jurisdiction of the courts of the
Alberta. You submit and attorn to the exclusive
jurisdiction of the courts of the
to finally adjudicate or determine any suit, action or proceeding arising out
of or in connection with the System.
Agreement is complete and shall become effective and enforceable at the time
you agree to it which will be evidenced by you accessing or using the System or
Information. This Agreement constitutes the entire agreement between the
parties, and no other agreement, written or oral, exists between you and