Website Usage Agreement

This Agreement governs your use of the Kirsir Internet Solutions (hereafter referred to as "Kirsir") website. For specific information pertaining to our services and policies, please read our Terms of Service and Privacy Policy.

This website is owned and operated by Kirsir. Access and use of this website is provided by Kirsir to you on condition that you accept this Usage Agreement. By accessing or using this website, you agree to the terms of this Usage Agreement. If you do not agree to accept and abide by this Usage Agreement you should not access or use this website.

You may not interfere with the security of, or otherwise abuse this website or any system resources, services, or networks connected to or accessible through this website. You may only use this website for lawful purposes.

Intellectual Property

All materials (including the organization and presentation of such material) on this website (the "Materials") are the property of Kirsir and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with Kirsir, such as a Royalty Free License Agreement, any other use of these Materials without Kirsir's written permission is prohibited.

The Materials may only be used and copied for your own, non-commercial, personal, or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.

©2017 Kirsir Internet Solutions. All Rights Reserved.

Privacy

Kirsir is committed to respecting the privacy of the personal information of the individuals with whom we interact. Please see our website Privacy Policy which describes our practices and how we collect, use, and disclose the personal information of those individuals who visit our website.

Currency of Website

Kirsir updates the information on this website regularly. However, Kirsir cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on this website. Kirsir may revise, supplement, or delete information, services and/or the resources contained in the website and reserves the right to make such changes without prior notification to past, current, or prospective visitors.

Linked Websites

This website may provide links to third party websites and does so for your convenience only. The inclusion of these links does not imply that Kirsir monitors or endorses these websites. Kirsir does not accept any responsibility for such websites. Kirsir shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods, or services available on or through any third party websites or linked resources.

Internet Software Problems or Computer Viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. While Kirsir actively attempts to eliminate computer viruses or other destructive programs from invading the website, unknown computer viruses and other destructive programs may be inadvertently downloaded from this website.

Kirsir shall not be responsible or liable for any software, computer viruses, or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the Materials from this website. Kirsir recommends that you install appropriate anti-virus or other protective software.

Website and Materials Provided "As Is"

This website and the Materials are provided "as is" without representation, warranty, or condition of any kind, either expressed or implied, including, but not limited to the implied representations, warranties, or conditions of merchantability, or fitness for a particular purpose. Kirsir does not represent or warrant that this website or the Materials will meet your requirements or that their use will be uninterrupted or error free.

Limitation of Liability

You assume all responsibility and risk for use of this website and the Materials including, without limitation, any of the information contained therein.

In no event shall Kirsir, its customers, agents, officers, employees, or its owners be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit, or other proceeding arising under or out of this Usage Agreement or Terms of Service, including without limitation your use of, reliance upon, access to, or exploitation of this website, the materials or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

In any event, the total maximum aggregate liability under this Usage Agreement or the use or exploitation of any or all parts of this website or the materials in any manner whatsoever shall be limited to five ($5.00) Canadian dollars.

Some jurisdictions do not allow for the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to defend, indemnify, save, and hold Kirsir harmless against all claims, demands, losses, costs, or liabilities asserted against Kirsir arising or result from any service provided or agreed to be performed, or any product sold, and against liabilities arising out of:
  • Any injury to person or property caused by any products sold or otherwise distributed in connection with Kirsir;
  • Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
  • Copyright infringement, and
  • Any defective products sold to customers from Kirsir's server.

Notice and Procedure for Making Claims of Infringement

Kirsir respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Kirsir with a written communication or email addressed to the Owner including substantially the following information:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • Description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please address your letter to the Owner, as follows:

Kirsir Internet Solutions
10 Clerkenwell Bay
Winnipeg, Manitoba, R2N 3R7

To email your letter, please send it to info@kirsir.ca

Email Correspondence

Feel free to email Kirsir at any of the email addresses listed on our Contact page. However, the Internet is not a fully secure medium and any communication may be lost, intercepted, or altered. Kirsir is not liable for any damages related to communications to or from this website. You agree to the following with respect to any information provided by you to us through this website or via email that:

  • Kirsir has no obligation concerning such information;
  • The information is non-confidential;
  • Kirsir may use, disclose, distribute, or copy the information and may use any ideas, concepts, or know-how contained in the information for any purpose without compensation; and
  • The information is truthful and disclosure of the information does not violate the legal rights of others.

Sending us email does not mean that we will receive it successfully. Email routinely goes undelivered due to connection issues, incorrect addresses, exceeding quotas, and other unforseen circumstances. Kirsir is not responsible for emails that are not received. It is the responsibility of the sender to ensure we receive emails. Use of a return receipt is encouraged.

Applicable Law

This website is controlled, operated, and administered by Kirsir from within the Province of Manitoba. This website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Manitoba, by accessing this website, you acknowledge and agree that all matters relating to access to, or use of this website shall be governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Manitoba and acknowledge that you do so voluntarily.

General

The failure by Kirsir to insist upon or enforce strict performance of any provision of this Usage Agreement shall not be construed as a waiver of any provision or right.

If any provision or part thereof of this Usage Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

You agree that this Usage Agreement and all documents relating thereto are to be drawn up in English.

Contact Information

If you have questions or concerns relating to this website or Usage Agreement, please contact Kirsir at info@kirsir.ca or via one of the methods on our Contact page.

Changes to the Website Usage Agreement

Kirsir reserves the right to revise and update this Usage Agreement at any time and without notice. You are cautioned to review the Usage Agreement posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.

Last Updated

This Usage Agreement was last updated on July 13, 2010.

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