Terms and conditions of use

tradeSys is a service and trademark of Industry Trade Systems ITS Inc. (ITS), a private Canadian corporation. Confidentiality The Supplier agrees that all the information provided to it by ITS is and shall remain strictly confidential. Such information shall be used by the Supplier strictly for the purposes of procuring business from the participating companies listed on the ITS database. The Supplier agrees, notwithstanding any termination of this agreement, not to use such information in any other manner or to divulge such information to any third party without the express written consent of ITS. Ownership All information provided to the Supplier by ITS is and shall remain at all times the property of ITS. Indemnification The Supplier shall at all times indemnify and save harmless ITS, its affiliated companies, employees, agents, servants, officers and directors from and against all direct and third party claims, demands, losses, costs, debts, liability or damages in any manner occasioned by, arising out of or attributable in any way to the services provided by ITS. In the event that ITS is required to engage the services of an attorney because of a breach by the Supplier of any of the terms herein contained, the Supplier agrees to pay all of ITS' reasonable attorney's fees and court costs. Upon the breach of this agreement, all of the Supplier's rights and privileges shall be immediately terminated and, upon any such termination for breach of the provisions of this agreement, or the breach of any applicable law or statute governing the use of the services provided, all amounts paid by the Supplier shall be forfeited as liquidated damages to ITS. Liability The Supplier acknowledges that ITS assumes no responsibility or liability for the availability, completeness, accuracy, content or timeliness of any of the information stored within the ITS database. No warranty is made by ITS regarding any information, services or product provided, and ITS hereby expressly disclaims any and all warranties, including, without limitation, any warranties as to the availability, completeness, accuracy, content, timeliness of information, product, or services and any warranties of merchantability or fitness for a particular purpose. Any liability of ITS, including, without limitation, to any damages caused or allegedly caused by any failure or performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of or unauthorized access to, alteration of, or use of records whether for breach of contract, negligence, or under any other cause of action, shall be strictly limited to the unused amount paid by or on behalf of the Supplier to ITS for its services. In addition, ITS shall not be liable under any condition for special, indirect or consequential damages, including, but not limited to, loss of profits, loss of business revenue, or failure to realize expected earnings, or for damages of third parties claimed against the Supplier. Transferability The Supplier's rights and privileges, herein granted, cannot be transferred, shared, sold or used by any other person, without the express written consent of ITS. Refund Policy Refunds are limited to credit balances on accounts if refund requests are made within 30 days of purchasing credit. There are no refunds on credit balances after 30 days. Lawful Use All services provided to the Supplier by ITS may only be used in accordance with all applicable laws, statutes, regulations and rules, and solely for lawful purposes. Transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material/property, data, or material in violation of any law, statute, rule or regulation, domestic or international, is strictly prohibited. Applicable Law This agreement, all modifications and amendments hereto, shall be exclusively governed by the laws of the Province of Ontario, Canada. Exclusive Jurisdiction Any dispute arising from or in connection with the present agreement shall be settled by the courts in the Province of Ontario, Canada, to the exclusion of all other courts.