Please read the following legally binding terms and conditions of use carefully before using the website belonging to exp Global Inc. (the “Site”). The words “exp”, “Exp” or “EXP” throughout the Site refer to, depending on the context, exp Global Inc. and all, or more of its subsidiaries, affiliates, divisions and branches. The word “Site” refers either to www.exp.com or to any other website belonging to EXP to or from which you have been redirected.
Access to and use of the Site will be considered conclusive proof of your agreement to comply with the terms and conditions of this notice. If you do not agree with these terms and conditions, you are not authorized to use the Site or material for any purpose. EXP reserves the right to add, modify or remove any information or content on the Site without notice.
1. Ownership and use. EXP is the owner of the Site. All content, documents, data, graphics, photos, images, sounds, videos, software, trade-marks, service marks, trade names and other information (collectively, the “Content”) appearing on this Site are the property of EXP or third party licensors, or both. The Content is protected by Canadian laws and international treaties governing copyright and trade-marks. It is strictly prohibited to copy, reproduce, publish, post, transmit, distribute, modify, re-use, make works or create works derived from the Content or publish or sell the Content without the prior written and explicit consent of EXP.
2. Limitation of liability. This Site, and in particular its Content, is provided by EXP for information purposes only and it is provided to you “AS IS”, without any warranty, whether express or implied. Although EXP intends to ensure the accuracy, correctness and reliability of the Content, it makes no representation or warranties as to the Content’s accuracy, correctness or reliability. EXP ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE CONTENT AND TO ANY MATTER RELATING TO THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS TO THE EFFECT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS; OR THAT ANY SUCH PROBLEMS THAT ARE DISCOVERED WILL BE CORRECTED. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR THE REPLACEMNET OF THE EQUIPMENT OR DATA, EXP WILL NOT BE REPSONSIBLE FOR SUCH COSTS.
In no event shall EXP, its directors, officers, employees, agents or representatives be liable for any damage or loss or attorney’s fees suffered or incurred, including, without limitation, direct, indirect, incidental, special or collateral damage stemming directly or indirectly from use of this Site, the Content or any information posted on this Site or on any other website which you may access through this Site, even if EXP has been informed of the possibility of such risks of loss or damage. Your sole and exclusive remedy is to discontinue your use and access to the Site.
3. Links. EXP may make links available on the Site from time to time (“Links”) which allow you to access other websites which are not maintained or controlled by EXP. EXP provides such Links for your convenience and will not be liable for the Content of any such websites. EXP does not guarantee the accuracy, completeness or legality of the information available through Links, and does not make any representation and does not give any approval of any nature whatsoever with respect to another web site which you may choose to access through the Site. It is up to you to take reasonable and appropriate precautions to detect computer viruses.
The Links posted on the Site do not mean that EXP sponsors, endorses or is affiliated or associated with such sites or that EXP has been legally authorized to use the trade-marks, trade names, designs, logos, symbols or other documents protected by copyright posted on or accessible through such sites.
4. Indemnification. You agree to, at all times, indemnify, defend and hold harmless EXP, its directors, officers, employees, agents and representatives with respect to any legal action, demand notice, action for liability, costs and related expenses, including judicial and extrajudicial fees incurred by EXP further to any allegation of a breach of the terms and conditions set out in this notice by you or by any user of your account or stemming from use of or access to this Site by your or by any user of your account.
5. Copyright. EXP holds intellectual property rights to the Content made available to you on this Site, or has obtained from the holder of the intellectual property rights of this Content permission to use it on the Site. With the exception of what is provided for in these terms and conditions, you are prohibited from republishing or reproducing the Content appearing on the Site without the prior written and explicit consent of EXP. Nonetheless, EXP hereby authorizes you to display on your computer, download and print pages from the Site, subject to the following terms: (i) the copyright notice must appear on all such printed documents, (ii) the information must not be otherwise modified, and (iii) the Content must only be used for personal, educational and non-commercial purposes and must not be republished, published or copied in any other medium.
6. Trademarks. The trademarks and logos posted on this Site (collectively, the “Trademarks”) are registered and unregistered trademarks of EXP and third parties. No stipulation on this Site shall be construed as granting, whether implicitly, by interpretation or otherwise, a license or right to use a trademark without the prior written consent of EXP or the third-party owner of the trademark in question. It is strictly prohibited to use, except as provided for or permitted in this notice, a trademark or other element of Content appearing on the Site. The logos, Trademarks or corporate names of EXP are not all necessarily used on the Site. The absence of a logo, trade-mark or corporate name of EXP on this Site does not constitute a waiver of the intellectual property rights which EXP holds with respect thereto.
7. Software. With the exception of the software expressly designated as belonging to EXP, any software available for download through the Site is provided by third party software suppliers pursuant to license or other agreements entered into between such suppliers and the end users. EXP does not sell or resell such software on the Site and does not grant a license or sub-license to use such software, and you hold EXP harmless with respect to any liability in such regard. Any questions, complaints or demands concerning software should be addressed to the supplier. You are responsible for adequately protecting and saving the data and hardware used with any software downloaded through the Site. In the case of incompatibility between these terms and those which are found in a license agreement entered into with a software supplier, the terms hereof shall prevail.
9. No business relationship. You agree that there is no joint venture, partnership, relationship of employment or mandate between you and EXP due to your use of the Site.
10. Territory, Choice of Law, Choice of Forum. This web site is published from Canada. It is governed by and shall be interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any dispute, lawsuit or claim arising from or relating to this Site shall be submitted to the exclusive jurisdiction of the courts of the Province of Ontario.
11. Rights reserved. EXP reserves all the rights which are not expressly granted in these terms and conditions. No provision of these terms and conditions shall be construed as conferring implicitly, by interpretation or otherwise, a license or right stemming from a copyright, patent, trade-mark or other intellectual property right of EXP or another moral or natural person.
12. Miscellaneous. These terms and conditions and any other document mentioned herein constitute the entire agreement entered into between EXP and you with respect to your use of this Site. The failure of EXP to require strict compliance with any of the terms and conditions shall not be construed as a waiver of any of them. If any of the terms and conditions is considered null, void or otherwise unenforceable by a court having jurisdiction, such decision shall not affect the other terms hereof. EXP and you are deemed to have agreed to these terms and conditions and that all documents relating hereto be written in English.