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Tel: (416) 315-1306
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Terms of Use |
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AGREEMENT
BETWEEN USER AND Celesta Financial
The Celesta Financial Web Site is comprised of various Web pages operated by
Celesta Financial.
The Celesta Financial Web Site is offered to you conditional on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the Celesta Financial Web Site constitutes your agreement to all
such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Celesta Financial reserves the right to change the terms, conditions, and
notices under which the Celesta Financial Web Site is offered, including but not
limited to the charges associated with the use of the Celesta Financial Web
Site.
LINKS TO THIRD PARTY SITES
The Celesta Financial Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Celesta Financial and
Celesta Financial is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. Celesta Financial is not responsible for webcasting
or any other form of transmission received from any Linked Site. Celesta
Financial is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Celesta Financial of the
site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Celesta Financial Web Site, you warrant to
Celesta Financial that you will not use the Celesta Financial Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Celesta Financial Web Site in any manner which could damage,
disable, overburden, or impair the Celesta Financial Web Site or interfere with
any other party's use and enjoyment of the Celesta Financial Web Site. You may
not obtain or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the Celesta Financial
Web Sites.
USE OF COMMUNICATION SERVICES
The Celesta Financial Web Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication Services"),
you agree to use the Communication Services only to post, send and receive
messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
- Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication
Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
- Violate any applicable laws or regulations.
Celesta Financial has no obligation to monitor the Communication Services.
However, Celesta Financial reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion.
Celesta Financial reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason whatsoever.
Celesta Financial reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in Celesta Financial's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Celesta Financial does
not control or endorse the content, messages or information found in any
Communication Service and, therefore, Celesta Financial specifically disclaims
any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and
hosts are not authorized Celesta Financial spokespersons, and their views do not
necessarily reflect those of Celesta Financial.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Celesta Financial OR POSTED AT ANY
Celesta Financial WEB SITE
Celesta Financial does not claim ownership of the materials you provide to
Celesta Financial (including feedback and suggestions) or post, upload, input or
submit to any Celesta Financial Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Celesta Financial, its
affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Celesta Financial is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in Celesta
Financial's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Celesta Financial WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Celesta
Financial AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
Celesta Financial WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Celesta
Financial WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Celesta Financial AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
Celesta Financial WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Celesta
Financial AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Celesta
Financial AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Celesta Financial WEB
SITE, WITH THE DELAY OR INABILITY TO USE THE Celesta Financial WEB SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE Celesta Financial WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
Celesta Financial WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Celesta Financial OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE Celesta Financial WEB SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
Celesta Financial WEB SITE.
SERVICE CONTACT : admin@celestafinancial.com
TERMINATION/ACCESS RESTRICTION
Celesta Financial reserves the right, in its sole discretion, to terminate your
access to the Celesta Financial Web Site and the related services or any portion
thereof at any time, without notice. GENERAL To the maximum extent permitted by
law, this agreement is governed by the laws of the State of Washington, U.S.A.
and you hereby consent to the exclusive jurisdiction and venue of courts in King
County, Washington, U.S.A. in all disputes arising out of or relating to the use
of the Celesta Financial Web Site. Use of the Celesta Financial Web Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and Celesta Financial as a result of this agreement or use of
the Celesta Financial Web Site. Celesta Financial's performance of this
agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Celesta Financial's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the Celesta Financial Web Site or information provided to or
gathered by Celesta Financial with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Celesta Financial with
respect to the Celesta Financial Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Celesta Financial with respect to the Celesta
Financial Web Site. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent an d subject to the
same conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Celesta Financial Web Site are: Copyright (c) 2007 Celesta
Financial and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved. |
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