Terms of Use
Diversinet Corp. (“Diversinet”) makes information and products available on this Web site. Please review the following notices, terms and conditions concerning your use of the Web site. By accessing, using or downloading any materials from the Web site, you agree to follow and be bound by these notices, terms and conditions. If you do not agree with these terms and conditions, please do not use this Web site. Any rights not expressly granted herein are reserved. Diversinet and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Use of Web Site Information
Except as otherwise indicated on this Web site, you may view, print, copy, and distribute documents on this Web site subject to the following terms and conditions: (1) The document may be used solely for informational, personal, non-commercial purposes and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; (2) Any copy of the document or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original; (3) The document may not be modified in any way; (4) Diversinet reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from Diversinet; (5) The right to use the document does not extend to the layout or design of this Web site. Elements of this Web site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part; and, (6) The right to use the document does not include the right to use, distribute, or reproduce logos, graphics, sounds, or images on this Web site. Such rights must be expressly permitted by Diversinet.
Use of Software
Except where expressly provided otherwise by Diversinet, nothing on this Web site shall be construed to confer any license, offer for license or sale under any of Diversinet’s or any third party provider’s intellectual property rights, whether by estoppel, implication, or otherwise. The software and accompanying documentation available to download from this Web site are the copyrighted work of Diversinet. Use of the software is governed by the terms of the end user license agreement, which accompanies such software. You will not be able to access, use, download, or install any software unless you agree to the terms of such end user license agreement. Any reproduction, use or redistribution of such software or materials not in accordance with the applicable license is expressly prohibited by law. By using the software, you agree to accept the terms and conditions of the end user license agreement.
Submissions
All information, including but not limited to comments, feedback, or materials, submitted to Diversinet through or in association with this Web site shall be considered non-confidential and Diversinet’s property. You agree to assign and grant to Diversinet, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights. Diversinet shall be free to use and/or disseminate such information on an unrestricted basis for any purpose. You acknowledge that you are responsible for the information that you provide, and that you, not Diversinet, have full responsibility for the information, including their legality, reliability, appropriateness, originality and copyright.
You also agree that Diversinet is free to use any ideas, concepts, or techniques that you send Diversinet for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques.
Links to Diversinet’s Web Site
Diversinet makes information and products available on this Web site, subject to the following terms and conditions.
Diversinet permits anyone to link to Diversinet’s Web site subject to the linker’s compliance with the following terms and conditions. A site that links to Diversinet’s Web site: (1) May link to, but not replicate, content contained in Diversinet’s site; (2) Must not create a border environment or browser around content contained in Diversinet’s site; (3) Must not present misleading or false information about Diversinet’s services or products; (4) Must not misrepresent Diversinet’s relationship with the linker; (5) Must not imply that Diversinet is endorsing or sponsoring the linker or the linker’s services or products; (6) Must not use Diversinet’s logos or trade dress without prior written permission from Diversinet; (7) Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages; (8) Must not contain materials that would violate any laws; and, (9) Must agree that the link may be removed at any time upon Diversinet’s request pursuant to Diversinet’s reserved rights to rescind its consent to allow the link.
Links to Third-Party Web Sites
Diversinet’s Web site contains links to third-party web sites controlled by parties other than Diversinet. Diversinet makes no representations and is not responsible for and does not endorse or accept any responsibility for the reliability of data, opinions, advice, contents or use of these third party web sites. Diversinet is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Diversinet of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature. References to third-party services and products are provided by Diversinet “as is”, without warranty of any kind, either express or implied.
Warranties and Disclaimers; Limitations of Liability
DIVERSINET ENDEAVOURS TO ENSURE THAT THE INFORMATION ON THIS WEB-SITE IS CORRECT AND FAIRLY STATED, BUT DOES NOT ACCEPT LIABILITY FOR ANY ERROR OR OMISSION. THE MATERIALS ON THE WEB SITE ARE PROVIDED “AS IS” AND DIVERSINET HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. DIVERSINET MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
DIVERSINET SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING WEB SITE INFORMATION. IN NO EVENT SHALL DIVERSINET BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF DIVERSINET HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST DIVERSINET FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD DIVERSINET HARMLESS FROM, AND YOU COVENANT NOT TO SUE DIVERSINET FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
This Web site could include technical or other inaccuracies. Changes are periodically made to the information herein. However, Diversinet makes no commitment to update materials on this Web site.
Press Releases and Forward Looking Information
Certain information included on this Web site (as well as information included in oral statements or other written statements made or to be made by Diversinet) may contain forward-looking statements such as statements relating to anticipated future revenues of the company and success of current product offerings. Such forward-looking information involves important risks and uncertainties that could significantly affect anticipated results in the future and, accordingly, such results may differ materially from those expressed in any forward-looking statements made by or on behalf of the company. More detailed information about the company and factors that may affect its operations can be obtained from Diversinet’s filings with SEDAR at www.sedar.com and with the U.S. Securities and Exchange Commission at www.sec.gov. Diversinet assumes no obligation to update any forward-looking information contained on this Web site or with respect to announcements described herein.
General
This Web site may include inaccuracies or typographical errors. Diversinet and the third party providers may make improvements and/or changes in the products, services, programs, and prices described in this Web site at any time without notice. Any action related to these terms will be governed by Ontario law and controlling Canadian federal law. No choice of law rules of any jurisdiction will apply. These terms represent the entire understanding relating to the use of the Web site and prevail over any prior or contemporaneous, conflicting or additional, communications. Diversinet has the right to revise these terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Diversinet. Diversinet reserves the right to seek all remedies available by law and in equity for any violation of all terms and conditions.
Diversinet, MobiSecure, Passport Certificate Server are trademarks of Diversinet Corp. All other companies and products mentioned herein may be trademarks or registered trademarks of their respective holders.