2. Use License
a. Permission is granted to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on the Site;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server.
b. It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify SDI of any unauthorized uses of your user name and password or any other breaches of security. SDI is not liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
c. This license shall automatically terminate if you violate any of these restrictions and may be terminated by SDI at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on SDI’s Site are provided “as is”. SDI makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, security, accuracy, or non-infringement of intellectual property or other violation of rights. Further, SDI does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Site or otherwise relating to such materials or on any sites linked to the Site.
a. In no event shall SDI or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on SDI’s Site, even if SDI or an SDI authorized representative has been notified orally or in writing of the possibility of such damage. SDI may contract with other companies or individuals in order to provide you services. You agree that SDI cannot be held liable for any actions or inactions of any contractor used by SDI in connection with providing you services.
b. The total aggregate liability of SDI arising from or related to your use of SDI’s Products and Services, from all theories of liability and all causes of action, shall in no case exceed the total amount of fees actually received by SDI from you in the 6 months preceding your claim.
5. Revisions and Errata
The materials appearing on SDI’s Site are for general information use only and may include technical, typographical, or photographic errors. SDI does not warrant that any of the materials on its Site are accurate, complete, or current. SDI may make changes to the materials contained on its Site at any time without notice. SDI does not, however, make any commitment to update the materials.
SDI has not reviewed all of the sites linked to its Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SDI of the site. Use of any such linked website is at the user’s own risk.
a. SDI may terminate your access to the Site without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of the Terms and Conditions of Use that by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
b. Without limitation on any of our other rights or remedies at law, in equity or under these Terms and Conditions of Use, SDI may terminate your license to use this Site or its Products and Services, in whole or in part, without providing any refund or cancelling your obligation to make installment payments where applicable, if SDI determines, in its sole discretion, that you have breached or violated any of the provisions of these Terms and Conditions of Use. This includes, but is not limited to, any rude, harassing, or other damaging statements that are made on any SDI website directed to any other SDI customers.
a. You shall indemnify and hold harmless SDI against any third-party claim arising from or related to your use of SDI’s Products and Services.
b. SDI may assign this agreement without your consent in whole or in part at its sole discretion.
c. By continuing to use the Site, you represent and warrant that you are 18 years of age or over.
10. Governing Law
Any claim relating to SDI’s Site shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You agree that you will first attempt to resolve any concern or issue with SDI or with the use of the Site by communicating fully your concern with SDI. Should communication with SDI not resolve your concern or issue, you agree to submit your concern or issue to the courts of the Province of British Columbia, Canada within one year of the dispute arising. You also agree that the successful party in any court action will be entitled to payment of its reasonable attorney fees involved in reaching a final order.
11. Whole Agreement
These Terms and Conditions of Use and other referenced material are the entire agreement between you and SDI with respect to the Site and supersede all prior or contemporaneous communications and proposals whether oral, written or electronic between you and SDI with respect to the Site and govern the future relationship regarding your use of the Site. You may choose to enter into a contract or proposal for production of goods with SDI as a result of your use of this Site, and, if so, the terms of that contract or proposal, to the extent they differ from these Terms and Conditions of Use, will be controlling. If any provision of the Terms and Conditions of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.