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The following are the terms and conditions that do govern
Cityfax's provision of "Services" offered on cityfax.net. By accessing and
using this site, to obtain services offered on this site, you are agreeing to be
bound by these Terms of Service. If you do not agree with any of these
terms, do not use this Website or services offered.
Limitation of Liability
To the fullest extent permitted by applicable law, under no circumstances,
including, but not limited to, negligence, shall Cityfax be liable for any
direct, indirect, incidental, special or consequential damages that result from
the use of or the inability to use the Services, any changes to the Services,
unauthorized access to or alteration of your transmissions or data, any material
or data sent or received or not sent or received, or any transactions entered
into cityfax.net site. You specifically agree that Cityfax is not
responsible or liable for any threatening, defamatory or illegal content or
conduct of any other party or any infringement of another's rights, including
intellectual property rights. If you are dissatisfied with the Services,
the materials available on or through the Services, or with any of Cityfax's
terms and conditions, your sole and exclusive remedy is to discontinue using
cityfax.net. Notwithstanding the foregoing, in all circumstances
including, without limitation, where any of limitations or exclusions contained
in the "Terms of Service" may not be permitted by applicable law,
Cityfax's liability will be limited to the amount of fees that you have paid for
the Services or Cityfax's re-supplying the Services, to be determined solely in
Cityfax' discretion.You agree to indemnify and hold Cityfax,
its subsidiaries, affiliates, directors, officers and employees, harmless from
any claim, demand, or damage, including legal fees, asserted by any third party
due to or arising out of your use of or conduct on the Services.
Disclaimer of Guarantee You
agree and will guarantee that the information that you provide to us for
services is, to the best of your knowledge and belief, accurate and complete,
and that any future changes to this information will be provided to us in a
timely manner according to the modification procedures in place at that time.
You agree that your use of our services is solely at your own risk. You
agree that such services are provided on an "as is", "as available" basis.
Cityfax expressly disclaims all warranties of any kind, whether express or
implied. These include, but are not limited to, the implied warranties of
merchantability, fitness for a particular purpose, and non-infringement.
We make no guarantee that the services will meet your requirements, nor any
guarantee that the services will be uninterrupted, timely, secure, or error
free. We do not make any guarantee as to the results that may be obtained
from the use of the services. Nor do we guarantee the accuracy or
reliability of any information.
Disclaimer of Professional and Legal Advice
When using our services, you will be acting as your own lawyer. Cityfax
completes the information on the required forms, based on the information that
you have provided to us. Cityfax then files the forms with the applicable
federal or provincial government office. By providing you with the
service, neither Cityfax nor its advisors, agents, employees, or
representatives, are providing any legal or professional advice.
Additionally, Cityfax makes no representations, express or implied, as to the
possible legal or other consequences arising from the use of our forms or
services. Any information contained on cityfax.net website is
provided for general information only, is not exhaustive, does not constitute
advice of any kind (legal or otherwise) and does not nor should it replace
competent legal, accounting and other professional advice. No
representations or warranties, express or implied, are given regarding the legal
consequences resulting from the use of this information. If you are
seeking or wish to have such representations or warranties, it is recommended
that you contact such professionals for advice as to your specific
circumstances.
Changes to this Agreement You
agree, during the period of this Agreement, that we may: modify the terms and
conditions of the Agreement, and also that we may change the services offered
under it. You also agree to periodically review our Web site, including
this Agreement within it, to keep informed of any such changes. You
furthermore agree, that if you continue to use our services after you find out
about any revisions to this Agreement, you will abide by any such revisions.
Fees and Cancellation Policy
For any services that you have selected, you agree to pay us the applicable
fees. All fees payable under this heading are non-refundable unless we
provide otherwise. All fees and monies paid, exclusive only
of government filing fees, are fully earned upon filing with Cityfax.
In the event a Cityfax customer determines that he/she does not wish to proceed
further with the order following the submission of an order with Cityfax, the
customer will be only entitled to a refund of any government filing fees, if
any, provided the relevant filing has not been submitted to the government or
authority. Once a filing has been submitted no refund is possible.
Permitted cancellations will be provided by Cityfax by way of a credit to the
account of the credit card used for payment. No other additional refunds
are allowed or permitted under any circumstances..
General You agree that the
terms of this agreement are severable. If any term or provision is
declared invalid or unenforceable, that term or provision will be construed
consistent with applicable law, to reflect as closely as possible the original
intentions of the parties, and the remaining terms and conditions will remain in
full force and effect. If we, at any time do not require
performance by you of any provision in this agreement, it will have no effect
whatsoever on our full right to require such performance at any time thereafter.
Further, the waiver, by us, of any breach of any provision of this agreement
should not be considered a waiver of the provision itself.
You agree that this Agreement, and the rules and policies published by us, are
the complete and exclusive agreement between you and Cityfax, regarding
our services. This Agreement overrides any previous agreements or
understandings. This is true regardless of whether those understandings
take the form of established custom, policy, practice, or precedent.
Termination Cityfax may
terminate the Services offered with or without cause at any time and effective
immediately. Governing Law
This Agreement is governed by the laws of the PROVINCE OF ONTARIO, and will be
interpreted and enforced in accordance with those laws. Any action
relating to this Agreement must be brought to the ONTARIO PROVINCIAL COURTS,
located in TORONTO, ONTARIO, CANADA. Acceptance of this Agreement also
means irrevocable acceptance of the jurisdiction of those Provincial Courts.
Acceptance of Agreement By
using Cityfax.net, you acknowledge and agree that you have read and understand
the Terms of Service and the rights and obligations contained herein and that
you are agreeing to the Terms of Service.

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