Legal

Terms of Use – nodeworthy.com Website

Last Updated: July 28, 2014

This is a Node Corp. (“Node”, “we” or “us”) website. The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms of Use”) apply to your use of nodeworthy.com (the “Site”). By using this Site, you accept and agree to be bound by these Terms of Use and our Privacy Policy, available at nodeworthy.com/privacy, which are incorporated by reference. If you do not agree to these Terms of Use or the Privacy Policy, please do not use this Site.

We may, at any time, revise or modify these Terms of Use or impose new conditions for use of this Site. Such changes shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Site. Any use of the Site by you after we have posted such a notice shall be deemed to constitute acceptance of such changes.

Scope of Use
Node grants you a limited license to access and make personal, non-commercial use of this Site only for lawful purposes and in accordance with these Terms of Use. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site, including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software (the “Content”), for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the Content. Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed, reused or modified for any purpose, without the express written permission of Node. You understand that we may discontinue, change, or restrict your use of this Site for any reason, or no reason, without notice.

Prohibited Activities.
You may not access or use the Site for any of the following purposes:
• Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets.
• Advertising to, or solicitation of, any user to buy or sell any products or services.
• Transmitting chain letters or junk email to other users.
• Using any information obtained from the Site in order to contact, advertise to, solicit or sell any products or services to any user without their prior explicit consent.
• Engaging in any automated use of the Site, such as using scripts to send comments or messages.
• Interfering with, disrupting or creating an undue burden on the Site or the networks or services connected to the Site.
• Attempting to impersonate another user or person.
• Using any information obtained from the Service in order to harass, abuse or harm another person.
• Using the Site in a manner inconsistent with any and all applicable laws and regulations.

Feedback
If you submit comments, suggestions, ideas, notes, drawings, concepts, recipes or other information to Node through this Site or in response to solicitations on this Site (“Feedback”), you automatically assign to Node all right, title and interest in and to your Feedback. You acknowledge that your Feedback shall be deemed and shall remain the property of Node, and you agree that Node is entitled to unrestricted use of your Feedback for any purpose whatsoever (commercial or otherwise) without compensation to you, including, without limitation, its publication or placement on this Site. Node will treat any Feedback you provide as non-confidential and non-proprietary. You understand and acknowledge that Node has both internal resources and external resources which may have developed or may in the future develop ideas identical to or similar to your Feedback and that Node is only willing to accept your Feedback on these terms.

Intellectual Property
This Site and the Content are protected by copyright, trademark and other applicable Canadian and international laws. Except for your personal, non-commercial use as authorized above, you may not modify, reproduce, communicate to the public or otherwise distribute the design or layout of the Site or any Content available on or through the Site without our written permission.

The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are registered and unregistered Trademarks of Node and its licensors or suppliers. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in or to the Trademarks. Unauthorized use of the Trademarks may be a violation of Canadian and international trademark laws.

Privacy Policy
All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your Personal Information in compliance with our Privacy Policy.

Links to Third-Party Websites
This Site may contain links to third-party websites. Any such links are provided for your convenience only. We have no control over third-party websites and we cannot be responsible for the content of such websites or the privacy practices of third parties. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to such websites’ terms and conditions and privacy policies.

Linking to the Site
You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link to the site in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the site from any website that is not owned by you. The Site must not be framed on any other website. You agree to cooperate with Node in eliminating any unauthorized framing or linking. Node reserves the right to withdraw permission for anyone to link to the site without notice.

Disclaimer of Warranties
THIS SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND NODE HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER NODE NOR ANY PERSON ASSOCIATED WITH NODE MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS SITE OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER NODE NOR ANYONE ASSOCIATED WITH NODE REPRESENTS OR WARRANTS THAT THIS SITE OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability
IN NO EVENT WILL NODE, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THIS SITE AND THE CONTENT IS AT YOUR SOLE RISK.

Indemnification
You agree to defend, indemnify and hold harmless Node and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) resulting from your violation of these Terms of Use or your use of this Site, including, without limitation, any use of the Content other than as expressly authorized in these Terms of Use.

Canada Only
Unless otherwise specified, this Site and the Content are presented solely for the purpose of promoting products and services available in Canada. Node makes no representation that this Site or the Content is appropriate or available for use in other locations. If you access this Site from locations outside Canada, you do so at your own risk and you are responsible for compliance with any applicable local laws.

Governing Law and Jurisdiction
These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable in Ontario, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Site shall be instituted exclusively in courts located in Toronto, Ontario. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Violations
Node reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including without limitation the right to block access from a particular Internet address to this Site and to refer any illegal or unauthorized use of this Site to law enforcement.

Waiver and Severability
No waiver of these Terms of Use by Node shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Node to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Node with respect to this Site and supersede any and all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to this Site.

Contact Information
If you have any questions or comments about these Terms of Use or this Site, please email us at info@nodecorp.com, call us at (416) 335-3444 or write to us at:

node corp.
11-1155 North Service Road West
Oakville, ON L6M 3E3 Canada

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