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Website Terms of Use

1. Terms of Use

If you are an individual employee or contractor of an entity which IronHub Inc. (“IronHub”) has executed a License and Services Agreement, these Terms of Use do not apply to you.  The terms and conditions of such License and Services Agreement shall apply and shall supersede and replace these Terms of Use in their entirety in respect of your access to and use of theironhub.com (the “Site”).

If you are not an individual referred to in the paragraph above, these Terms of Use are a binding agreement between you and IronHub regarding your access to and use of the Site.

IronHub reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Following your initial agreement, it is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, IronHub grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.  BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

2. Ownership of Site

Copyright © 2018. Iron Hub Inc. All Rights Reserved.  All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to IronHub, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

3. Restrictions on Use of Site

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without IronHub’s express prior written consent.

You may use information (such as data sheets and similar materials) purposely made available by IronHub for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. IronHub reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any IronHub server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of IronHub, including any IronHub account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or IronHub’s systems or networks, or any systems or networks connected to the Site or to IronHub.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of IronHub or others.

4. Personal Information

By using the Site, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of IronHub in accordance with applicable law.

5. Disclaimers

To the fullest extent permitted by applicable law, the Site is made available and provided to you on an “as is”, “as available” and “with all faults” basis and without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions or guarantees of or relating to accuracy, capacity, completeness, delays, durability, errors, fitness for a particular purpose, lack of negligence, viruses or other harmful component, interrupted service, merchantability, non-infringement, performance, results, quality, timeliness, title or workmanlike effort, all of which are hereby waived by you and disclaimed by IronHub to the fullest extent permitted by applicable law; and no representations, warranties, conditions or guarantees will be created by any advice or information, whether oral or written, provided by or on behalf of IronHub.

IRONHUB IS NOT RESPONSIBLE FOR THE CONDITION OF ITEMS LISTED FOR SALE ON THE SITE. ALL ITEMS ARE LISTED AND OWNED BY THIRD PARTY SELLERS AND IRONHUB DOESN’T GUARANTEE THEIR AVAILABILITY, CONDITION, FITNESS FOR PURPOSE OR MAKE ANY OTHER REPRESENTATION OR WARRANTY WTH RESPECT TO THE QUALITY AND AVAILABILITY OF THE PRODUCTS.

The Sites may contain links to third-party websites ("Other Sites") that are not under IronHub's control. IronHub makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Site. IronHub provides these links to you as a convenience and the inclusion of any link does not imply endorsement by IronHub of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party websites.

6. Limitation of Liability

To the fullest extent permitted by applicable law, in no event and under no circumstances will IronHub and its licensors, suppliers and service providers, and each of their respective directors, officers, employees, contractors, agents, shareholders, distributors, and representatives (collectively, the “IronHub Representatives”) be liable to you or any other person for any loss, damage or liability (including direct, indirect, special, incidental, consequential and punitive damages) arising from, connected with or relating to your use of, or inability to use, the items sold on the Site, the Site or any related matter, under any theory (including contract, tort, strict liability, statutory liability or any other theory of law), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by or on behalf of the IronHub Representatives, even if other remedies are not available or do not adequately compensate you or any other person for the loss, damage and liability and even if the IronHub Representatives knew or should have known of the possibility of the potential loss, damage or liability being incurred.

7. Restrictions/Changes/Termination

IronHub, in its sole discretion may change, suspend or terminate the Site, or limit, suspend or terminate your use of the Site, effective immediately at any time and without any prior notice or liability to you or any other person. The Site may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of IronHub, all without notice or liability to you or any other person.  If your permission to use the Site is terminated for any reason, then these Terms of Use will continue to apply and be binding regarding your access to and use of the Site before termination and all related matters (including any related dispute).

8. User Content

From time to time, the Sites may permit the submission of content generated by you and others users ("User Content").  You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.  By submitting User Content, you represent and warrant to IronHub that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize IronHub to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content.  As between you and IronHub, you will retain all of your ownership rights in and to your User Content. By submitting User Content to IronHub, you hereby grant to IronHub a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that IronHub (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also waive your moral rights to the User Content, and hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use.  IronHub reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. IronHub has the right to refuse, remove or delete any User Content and/or to terminate any user's access to the Sites if IronHub determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms of Use. IronHub takes no responsibility for and expressly disclaims any and all liability in connection with User Content.

9. Governing Law

These Terms of Use and the Site and all related matters are governed by, and will be construed and interpreted solely in accordance with, the laws of the Province of Alberta, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction.  Except as expressly set out below, and unless applicable law requires otherwise, all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms of Use or the Site or any related matter (a “Dispute”) will be referred to the Courts of Alberta, judicial district of Calgary.  Notwithstanding the foregoing, IronHub may commence legal proceedings against you in the courts of any jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Use or to protect IronHub’ rights and interests.  You will commence legal proceedings regarding a Dispute within twelve (12) months after the Dispute arises, after which time any and all legal proceedings by you regarding the Dispute will be forever barred, unless such limitation is prohibited by law.

10. Miscellaneous

These Terms of Use are binding on you and your heirs, executors, administrators, successors and personal representatives. These Terms of Use are for the benefit of IronHub. No consent or waiver by IronHub to or of any breach of these Terms of Use by you will be effective unless in writing and signed by IronHub or will be considered to be a consent to or waiver of a continuing breach or any other breach by you. The rights and remedies of IronHub under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which IronHub may be lawfully entitled under these Terms of Use or at law, and IronHub may pursue any and all rights and remedies concurrently, consecutively and alternatively. You will not assign or transfer these Terms of Use or any of your rights and obligations under these Terms of Use without the express prior written consent of IronHub, which consent may be withheld in IronHub’ discretion. IronHub may, without your consent, assign its rights and obligations under these Terms of Use. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect unless as a result of the severance these Terms of Use would fail in their essential purpose.